At Robert Bacon’s 1987 trial, prosecutors methodically excluded every prospective black juror. As a result, Robert, a black man, had his case heard by an all-white jury in a county that was 20 percent African-American.
Robert and his white girlfriend, Bonnie Clark, were accused of conspiring to murder Bonnie’s estranged husband, Glennie Clark. The evidence pointed to Bonnie Clark being the mastermind of the crime. She wanted to rid herself of an abusive husband, and she expected to receive $130,000 in life insurance proceeds.
At Bonnie’s trial, even prosecutors argued that Robert was “just a pawn” in the crime. Yet, Bonnie received life and was paroled in 2009. Robert was sentenced to death even though he had no criminal record, promptly confessed to the crime, and aided police in Bonnie’s arrest.
Bonnie’s jury heard evidence of her husband’s history of alcoholism and physical abuse of her and their children. The same evidence was never presented at Robert’s trial, nor did the jury hear about Robert’s own childhood abuse at the hands of an alcoholic parent.
After the trial, a member of the jury swore in an affidavit that other jurors made openly racist jokes, and that they held it against Robert that he was dating a white woman.
In 2001, Robert received clemency from Gov. Mike Easley and a new sentence of life without parole. Gov. Easley never gave a reason for his grant of clemency, but it marked a rare moment in which clear racial bias in capital sentencing was remedied.
Robert died in May 2021. Read a remembrance of Robert by his former attorney, Gretchen M. Engel.