This Thursday, the State of Texas is going to execute Kenneth Foster, a man who didn't kill anyone. James Rucker of ColorOfChange sends this (via email):
On August 15, 1996, Maurecio Brown got out of Kenneth Foster's car and killed Michael LaHood. When the shots were fired, 19-year-old Foster was in the driver's seat, over 80 feet away, and had no idea that that LaHood was about to commit murder. Foster was no angel that night. Earlier, he had drunk beer, smoked marijuana, and waited while Brown and other friends got out of his car to rob people at gunpoint, twice.
Brown was executed on July 19, 2006 for LaHood's murder. If Foster didn't kill LaHood, why is Texas trying to execute him? It's the "law of parties," which states that a person can be held responsible for a crime committed by someone else. Texas is the only state where the law of parties applies to capital cases, where someone can be executed because of someone else's actions. In this case, the prosecution claimed that Foster was guilty because he "should have anticipated" the murder.
In 2005, a U.S. District Judge ruled that the Law of Parties had been misapplied, violating Foster's Eighth and 14th Amendment rights, and overturned his death sentence. But a federal circuit court overruled that decision, so now Foster's fate is in the hands of the Texas Board of Pardons and Paroles. Unless the Pardons Board acts, Foster will be killed by the state for failing to read Maurecio Brown's mind.
The Pardons Board rules today. If they recommend commutation of Foster's death sentence, Gov. Perry decides Foster's fate. The Pardons Board rarely commutes sentences, and Governor Perry, citing strong support in Texas for the death penalty, did not uphold the only commutation recommended during his term (he has overseen 159 executions since 2000).
Even though the odds are against Foster, we know that public pressure can make a difference. Every ounce of pressure could help.
Sean-Paul Kelly of the Agonist was a good friend of Michael LaHood's. You can read his impassioned plea to help Kenneth Foster here.
Texas prosecutors are trying to use the 'law of parties" to "widen the net for capital punishment." A Dallas Morning News editorial board states "Not a Killer: Kenneth Foster does not deserve execution." The ColorOfChange folks are asking that people call the Governor at 512-463-2000 and the Pardons and Paroles Board at 512-406-5852 and ask them to spare Foster 's life. Then email calls AT colorofchange DOT org to let them know that you did.
(photo of Kenneth Foster with his girlfriend Nichole and their daughter Nydesha)
Login Here
Share This
Spotlight
ein?
400th in texas, isn’t it?
hmm, maybe that’s where Fredo is headed?
Hello Jane…
They just love executing people in Texas.
single digits
Biodun @ 5
It’s obscene. They can’t seem to wait to shove people in the chamber.
Brown was executed on July 19, 2006 for LaHood’s murder. If Foster didn’t kill LaHood, why is Texas trying to execute him? It’s the “law of parties,” which states that a person can be held responsible for a crime committed by someone else. Texas is the only state where the law of parties applies to capital cases, where someone can be executed because of someone else’s actions. In this case, the prosecution claimed that Foster was guilty because he “should have anticipated” the murder.
In which case, we should haul everyone who voted for the murderous George W. Bush to Texas, and stand them up on trial. They’ve all sat in the car waiting - gleefully, even - while W has murdered 3/4 of a million Iraqis and 4,000 young Americans.
Biodun @ 5
It still gives Bu’ush a chubbie.
Isn’t this Administration and its minions’ appetite for more and more facile killing off of “undesirables”…a little… terrifying!!!!!!!!???
Subtle genocide? Sometimes not so subtle.
AHHH, this is the post I saw briefly yesterday.
ET @8?
BINGO!
The French “philosopher” Bernard Henri-Levi wrote a book decades ago titled Barbarism au visage humain. Translation: Barbarism with a Human Face.
My sister-in-law has a bumper sticker that says, “Why do we kill people who kill people to show that killing people is wrong?”
I guess that needs to be amended if we’re killing people who just know someone who killed someone.
How is it that Republicans get away with branding themselves as the “moral values” party. This certainly goes against anything that can reasonably be construed as “morality.”
It certainly doesn’t fit in with any Christian values either if you confine the term “Christian” to anything remotely tied to the teachings of Jesus.
The headline sums it up well. This is simply barbaric.
ET @ 8
HEAR! HEAR!
Ed*ard Teller @ 8
*snort*
(proud voter of Gore then Kerry tyvvm)
From the land of EPU:BigMitch @ 133
SufiLizard @ 13
I have one question to the murderous ‘Christians’ in Texas….WWJD????
Texas: Headquarters of the western branch of the Bush crime family, the JFK assasination, Texas justice, pollution, yahoos, the Cowboys, etc.
I’m sure Texas has its good points, but if I never get there I won’t be too disappointed.
This sordid tale is just further evidence that we should allow Texas to become its own republic again like it was from 1836 to 1845.
I have had the experience of hearing a jury pronounce the words guilty to a defendant charged with first degree murder, who I was tasked with defending. I believe with every fiber of my body that he was innocent. If you don’t think that experience leaves a lifetime scar thn, you don’t get the picture.
Pro-capital punishment advocates say I would feel different if someone I love were murdered. I answer by saying that my grandmother was the victim of murder.
Thank God there is no capital punishment in Alaska.
Mitch,
I’m in Sitka. I got an e-mail from Anchorage saying that Mike Gravel endorsed Diane Benson for Don Young’s seat at a fundraiser for the Alaska Democratic Party on Monday evening. Do you know anything about that? It might be so, because the Party was promoting the fundraiser all over the place on the web before it happened, but hasn’t commented on it at all since the event occurred.
Big Mitch @16: “The significance is that someone was taking great care in this matter. It is unlikely that the prosecutor re-typed the agreement, and ommitted this important waiver of rights. This suggests that the REPUBLICAN Senator was represented, and trying to downplay this fact or consciously mis-represent it.”
What continues to bother me is how this story stayed under the radar for so long. There is at least a side story here that could be juicy. Police departments and courthouses are loaded with dime droppers. There are also public records involved. Even with a US Senator involved these things get out and fast. Why didn’t that happen in this case? Hopefully there are some hungry reporters in MN that are sleuthing and sniffing away.
Usually, people who support the death penalty are also likely to be “pro-life.” I’ve often wondered about that paradox.
Biodun @ 23
Agreed. Of all the prolife people I know, only *one* is also anti death penalty.
“Prolife” applies only to pre-birth.
Biodun @ 23
No, I think actually they are “pro-fetus” not “pro-life.” Big difference there.
I was born in Texas and have lived here most of my life. I understand and agree with most of the disdain. I only ask that you remember that although the Republicans control everything except Travis County, there are till about 40-45 percent of voters who vote against them every time. Also, I mention Ann Richards, Molly Ivins, Jim Hightower, and past Texans who did a thing or two for the right causes, Sam Rayburn, even LBJ, etc.
I called today. Please, folks, even if you live out of state, call.
They just love the power of killing people, huh?
Like you said, Nemo.
dakine01 @ 26
Maybe they regard the fetus as a potential voter; a felon is no longer potentially useful.
dakine01 @ 26
Amen. To quote George Carlin: “If you’re pre-born, you’re fine; if you’re pre-school, you’re f***ed.”
Nemo @ 25
or “Pre-life” maybe?
I will never visit the state of Texas or have anything to do with it if I can help it.
That includes buying anything from the state or made in the state knowingly.
I will not support that kind of mentality.
pma @ 27
And there’s Austin, TX!!
pma @ 27
and pma!!
Nemo @ 25
“Prolife” applies only to pre-birth.
and Terri Schiavo.
dakine01 @ 26
And pro-control. Control the actions and lives of others.
Ed*ard Teller @ 8
durn
beat me to it
From the Austin American-Statesman: LINK
Diane @ 33
Unfortunately, that same mentality exists in all of the states to differing degrees, but it is there.
The ColorOfChange folks are asking that people call the Governor at 512-463-2000 and the Pardons and Paroles Board at 512-406-5852 and ask them to spare Foster ’s life.
If I tell them that it’s the Pope calling, do you think it would make a difference?
I have to go back yet and read the post, but I thought I’d update because the Center for American Progress site has a really good slide show and info about NOLA. The end of the discussion I referred to on the last post they said that transcripts would be available on their site, so I went there to look and also found the NOLA info.
Nemo @ 25
Nope. Not for pro-life people, who believe that life begins at conception.
jayt @ 41
No but it might screw heavily with their heads.
Do it!!!
dakine01 @ 26:
See my comment @ 43.
Ben Sargent cartoon about Texas Justice:
Hang Em High!
Biodun @ 43
Red Herring, anyway. The only salient question is: when does constitutionally protected “personhood” begin?
Ed*ard Teller @ 21
Hi. I didn’t hear a thing.
momly @ 44
Actually, if I’m gonna impersonate anyone, I’m thinking that a call “from” James Dobson might be more effective.
Texas is the crime free paradise of the US because executions stop all crime. At least that’s what the Republics say.
I love Austin and San Antonio. Have spent some time at both. I could live easily in those two places, but not the rest of Texas.
landofthefree @ 37
If Bush had his way, they’d do away with the electric chair and install an electric bench.
ha, ha, ha…portrait of W made up of porn clips..:
http://www.theregister.co.uk/2.....it_rumpus/
Biodun @ 43
Ah, that is true, Biodun.
PB (peanut butter) @ 34
Just an fyi, Austin is in Travis Co.
epu’d, but for those who wish to add the tang of DiFi and Bushie uber-fraud to the acrid smell of Texas’
slaughterhousesdeath house.kirk murphy @ 145
ccmask @ 53
Personally I believe he’s been dreaming of an electric bus….
Badwater @ 50
So now they resort to executing people who didn’t actually commit a crime. This is why I have always been a strong advocate of televised executions.. I think every single execution should be broadcast on every station..even in elementary schools. We the people must face the brutal reality of our decisions not be sheltered from from them.
Biodun @ 51
Well there are a fair number of South Central Texas ‘Pups floating around…
Eureka Springs @ 59
The trouble there is that too many people would come to celebrate the occasion and make it a big party. think a version of Super Bowl Sunday meets that old short story “The Lottery.”
Kind of a return to the days of the old west when “Hangin’ Day was a holiday that drew the surrounding countryside in for all the business people.
So now they resort to executing people who didn’t actually commit a crime.
oh, it *is* a crime; it’s called accomplice liability. The classic example is that the driver of a get-way car used in a bank robbery is just as guilty as those who went inside the bank to do the actual robbery.
The problem here is that Texas has *imputed* the intent to kill (which is a neat little legal fiction) to a man not proved to have any actual knowledge of the intent of his co-defendant.
ok pups - how dare you castigate the safest state in america!! i mean after all those executions why it must be heavenly living in that grime-free state…
“I want you to know that I have no reticence, no reluctance, no hesitation to use the tool of impeachment … whenever I feel that it is appropriate,” Conyers said. “I only wish that I could be moved by a lot of people coming to my office.”
http://rawstory.com//news/2007....._0829.html
So Conyers, I’ll bet if the people killed during Katrina could come back to life, they’d be banging your doors down to impeach the bastids.
Thousands of dead American citizens here and around the world, died and are dying based on lies told to Congress and the country, that is grounds for impeachment.
dakine01 @ 61
“The Lottery”…I hadn’t thought about that story for years.
The movie “The Running Man” comes to my mind too.
Jane, shouldn’t that be ‘cloaked’?
uhhh that should read CRIME-free state
called … hope everyone is calling
Sufilizard - not sure if you know the song that includes that line - Holly Near’s Foolish Notion
jayt @ 62
I forget the young woman’s name in Denver but she was recently released from a Life Sentence because she had been an accomplice to a guy who went bat sh*t crazy. She was under arrest and in the back of a police car when he shot a couple of officers and was initially sentenced to life iirc.
She was Hunter Thompson’s final cause celebre.
At least we would know who supports such behavior. We would have youtubes of young judges or young politicians who used to celebrate executions at frat hangin’ parties, we would know who shows up from what church in celebration of executions.. etc. etc. Parents would know what other parents in their community don’t mind a good execution now and then.
Did anyone read the comments left at Sean’s shop by the pro-death guys like Dudley Sharp? The fact that the death penalty states are generally a) ones with high amounts of poor people and economic-related crime, b) ones where the white population votes for candidates that promise to keep the nonwhites down and poor, and thus c) proof the death penalty doesn’t do diddly to lower crime rates, just somehow seems to escape them.
Prison Stats…
Report: 1 of Every 75 U.S. Men in Prison
STATES WITH THE DEATH PENALTY VS. STATES WITHOUT
jayt @ 62
So considering the ever expanding definition of Texan of “accomplice liability” is it conceivable that some day a person who is on the sidewalk watching the crime unfold would be liable for that special consideration?
There is a typo in the story.
In part it says :
I think that part should say :
“The first lesson of democracy is not to hold the public in contempt.” - Ronnie Earle
Thunderbird @ 19
That is the best idea in recent memory. If only we could be free of Texas - a barbaric place if ever there were one.
katymine @ 72
Yup. Because the real issue is that the root of the vast majority of crime is — ta-dah! — poverty. And the death-penalty states are generally poorer than the non-death-penalty states.
Rather than, y’know, provide ways out of poverty that don’t involve electric chairs and pine boxes, the death-penalty states would rather kill their poor people — quickly, or by malignant neglect (see post-Katrina New Orleans).
adkay @ 28
Thanks, adkay.
states with the most executions?? would that be texas or florida? and hows that working for them hmmmmmm
If Texas keeps expanding “accomplice liability”, at what point may the pro-murder voters be turned over to the custody of the International Human Rights Tribunal?
Yesterday is fine by me…
I just called the Gov’s office. The woman I spoke to was very polite and said she would “put down” my request.
I hope she didn’t mean “put down” as in “euthanize.”
Executing somebody on a technicality, which is what this is, is a little extreme even for Texas. The robes of justice aren’t black here.. they’re the white sheets (and pointy hat) of justice…
Also, from the same general geographic region (to my mind), aren’t there also those (black, needless to say) teenagers in Jena, Louisiana who’re facing 10 years in jail for protecting themselves from high school bullying, in a way in which nobody got hurt (a terroristic act)? Or the (black) former athlete in Georgia who’s been jailed for years for having consensual sex?
There’s something really really wrong here. Compassionate conservatism.
So considering the ever expanding definition of Texan of “accomplice liability” is it conceivable that some day a person who is on the sidewalk watching the crime unfold would be liable for that special consideration?
there is no duty for an otherwise uninvolved citizen to attempt to prevent the commission of a crime. But - you asked about *Texas*, right…? (the state where the executioner probably has carpal tunnel syndrome from the repetitive administration of lethal injections…)
Sparkles the Iguana @ 80
Just don’t plan to go visit Texas in the near future to be absolutely safe, okay?….
Tick Tock @ 73
Yes, eventually, with passage of the ‘right’ law or institution of an executive order.
Hmmmm….the label enemy combatant comes to mind.
Another life-long Texas resident here…
Governor Good Hair will never commute this guy’s sentence. You’d have thought we would learn our lesson after electing the decider as governor, but we managed to follow that up by electing someone even dumber.
Sad.
Blub @ 81
Nope…RACISM
daCascadian @ 74
FYI: Ronnie Earl is the Travis County District Attorney who postponed retirement to file the charges which ultimately forced Tom DeLay to resign.
Phoenix Woman @ 72
I also see it as a form of ethnic cleansing…
68 percent of prison and jail inmates were members of racial or ethnic minorities
This is a very good book on this general subject: Prison Nation: The Warehousing of America’s Poor . (I picked this link up by first going through FDL’s book salon link, so this link *should* preserve the proceeds to FDL thing if you buy this, even though it’s not a featured book. No guarantees, though, Amazon may have changed how they do this in the last few years…)
ticktock @ 73
Only if the witness in question is also committing the offense of using a public sidewalk while black.
katymine @ 88
Facism…prisons…death…ethnic cleansing..disappearing civil rights…
I do not support the death penalty, but I confess that I am a Texan and a lawyer. It pains me to say this, but I think that this article is very misleading. In particular, I do not believe that the statement that Texas is the only state where someone can be executed because of someone else’s actions is true.
There are two principles at work here that are the same in just about every State, conspiracy and felony murder. To convict Mr. Brown of capital murder, all you would have to do is prove that he was a conspirator in the robbery of Mr. LaHood. I have never heard of the term “law of parties”, but I believe that they are referring to conspiracy. The felony murder principle is that if you intend to commit one felony, robbery, and you kill someone, the intent element for murder is satisfied by your intent to commit the robbery. Felony murder is not unique to Texas. I am not a criminal lawyer, but I find it hard to believe that no co-conspirator has ever been executed in some other State besides Texas as a result of a conviction of felony murder. The law of this case, unfortunately, does not sound like it is unusual to most States with a death penalty.
Sparkles the Iguana @ 80
I got the same answer when I finally got through. Told the nice lady that my daddy was from Texas, and if daddy were still alive, he’d take her governor over the tailgate of his pickup truck and tan his butt until he couldn’t sit down for a week.
This saddens me so much. The thing that really gets me is that, reading a lot of the story in various places, people keep talking about how Foster wasn’t an angel, was violent, etc. That’s all well and good and is certainly a point on why he shouldn’t be released. HOWEVER, it has nothing to do with why he shouldn’t be DYING.
I don’t believe in the Death Penalty period, but even when I did, I never believed that accomplices should be executed. Was what Foster did wrong? Yes. Did he kill LaHood? No. Why is he being executed then?
It makes no bleeding sense.
Blub @ 90
Good one…
I believe the person “of color” or “black” should be applied to my argument…
Typo, I meant Mr. Foster, not Mr. Brown.
Blub @ 81
I recommend the Jena story to anyone who hasn’t read about it. It seems Jena High has a rodeo team, which is, I guess, where they got the rope.
http://www.npr.org/templates/s.....d=12353776
Just got off the phone with a male staffer for the Texas governor - after holding for eight minutes. He claims the best the governor can do is give a 30 day reprieve before he is executed. Claimed Texas legislators passed a law prevents a pardon, at least in this particular case. WTF?