The Mississippi Supreme Court issued a ruling Thursday will allow Bobby Batiste, convicted of the 2008 murder of Andreas Galanis in Oktibbeha County, to ask that his conviction and sentence be reconsidered after affidavits allege comments made by bailiffs could have tainted the trial’s jury.
The majority of the state’s high court sided with arguments made by Batiste, who alleged the bailiffs’ statements violated his right to an impartial jury.
Batiste, 36, now has 60 days to officially file for post-conviction relief in Oktibbeha County Circuit Court. The petition could argue that new evidence or a constitutional issue should grant a review of his sentencing or the entire trial itself.
In affidavits cited in the state supreme court’s decision, two jurors stated bailiffs “explained the law” when questions arose, and also attempted to explain why no African-Americans were picked to serve on the trial’s jury.
“The bailiff said that black people will not consider the death penalty,” a juror from the trial stated in an affidavit.
“Someone…explained that you have to be comfortable with the death penalty, and blacks don’t feel as comfortable with it,” another juror said in a affidavit.
The state’s high court ruling states that the court “cannot say that such remarks to jurors, if made, did not impact Batiste’s fundamental constitutional right to a fair trial by an impartial jury.”
“This case seems especially egregious in light of the heightened standard which we are bound to apply in cases which involve the death penalty,” the court’s ruling states.
Batiste and Galanis were roommates at 21 Apartments at the time of the murder. In March 2008, Galanis discovered a large sum of money missing from his bank account.
The 28-year-old’s body was found a day after he alerted authorities of the incident.
During the trial, Batiste said Galanis threatened to shoot him over the missing money and then attacked him with a sword. A fight ensued, and Batiste said in his statement he put a rim adjuster in a backpack and used it to strike Galanis three or four times in the head.
Bloodstains were found in at least three rooms in the apartment, with splattering covering portions of the walls and ceiling.
Batiste remains in custody.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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