On August 30, 2007, Texas, the state that executes more people than any in the country, plans to deliver a lethal injection to Kenneth Foster, Jr. While this may seem like nothing out of the ordinary for a state that will perform its 400th execution this summer, Kenneth's case is unique. He killed no one. The state of Texas will be the first to admit this. It seems unthinkable that a man who did not even touch the gun that ended the life of Michael LaHood, Jr. on August 14, 1996 in San Antonio, Texas would be sent to his death for such a crime. What makes this possible is gross misuse the Law of Parties. As the Austin Chronicle has put it, he was in "the wrong place at the wrong time." A number of states have laws that enable prosecutors to hold those merely present at the scene of a crime legally responsible. Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty.

On the evening of Aug 14, 1996 Kenneth Foster and three other friends committed several robberies. Later that night Mauriceo Brown got out of the car, allegedly attempted to commit a robbery, though he claimed that no robbery was intended, and that he wanted to talk to a woman who was with Michael LaHood. Complications arose and Mauriceo Brown shot Michael LaHood while Kenneth Foster and two others stayed in the car nearly 80 feet away with the windows up and the radio on. Mauriceo Brown admitted to the shooting, claiming self defense, but said that no one had any prior knowledge of the crimes he was about to commit. One of the other passengers in the car, Julius Steen, turned state's evidence on the other three, but in a letter to Kenneth Foster, admits that his lawyer pressured him to lie in court so he wouldn't get the death penalty. Kenneth Foster didn't know that Mauriceo Brown had left the car with a gun, and when he heard the shot, he started to drive away, but the fourth man in the car, Dewayne Dillard, told him to stop.Even with the misapplication of the Law of Parties by the prosecution, the death penalty for someone who was not present at the time of the murder, did not kill, and did not anticipate the killing violates the Eighth Amendment, as established by Enmund v. Florida. The three other people in the car Kenneth Foster was driving have all admitted that he is innocent and had no foreknowledge of the crimes.

By the Law of Parties, Kenneth Foster is factually innocent, although it was used by the prosecution to convict the other two men who were in the car. However, the law specifically states that an agreement must have been made between the defendants prior to the act, and most importantly, proved to have been made in a court of law, but no one had discussed robbing Michael LaHood that night.

According to a recent editorial against execution of Kenneth Foster by the Austin American-Statesman,

  style="font-family:verdana;">Only a few states have a law of parties as severe as Texas and no other state applies it as frequently to capital murder cases as Texas. About 80 inmates are on death row awaiting execution under the law of parties. They may not have done the actual killing, but they were along for the ride.

In the original trial, Foster's court-appointed lawyer failed to bring up key points that might have vindicated Foster. The same lawyer submitted a 20-page appellate brief in the Foster case - laughably short for a death penalty case. The lawyer also failed to pursue key testimony.

Last week in a letter to Gov. Rick Perry, Kenneth Foster asked him to stop his execution.

Everyday I have tried to be an exception to the stigmas and stereotypes. I wanted to show that a man here could be more than his error or labels. And so, as I submitted myself, I found the heart to pray for you and your family, the victim and his family, my co-defendants and their family. I've discovered (and hopefully others will, too,) that the pain, sorrow and compensation is not taken care of through simply saying I'm sorry or through hundreds of executions, rather giving love everyday, helping someone, speaking truth to power - showing that one man with courage can be a majority. The only Joy I have is in educating, reforming and revitalizing; and if you believe it or not I do this because of you all, not myself. Because if I did anything for me I'd be a wretch, but through you all (those that love me or not,) I've found humanity embracing me. I'm thankful, regardless.

My only plea is that I wish I could live for the sake of my little daughter who will be so deeply wounded to not have her daddy. I do not want to be set free. I want to pay for what I did.

There is a big coalition of activists and lawyers determined to halt Kenneth's execution. So far, editorials and commentaries in the Austin American Statesman, Fort Worth Star-Telegram, Austin Chronicle, Le Mode , Huffington Post, The Daily Texan, and many more have called on Governor Perry and the Texas Board of Pardons and Paroles to stop the execution of Kenneth Foster and commute his sentence to life in prison. Please join Nydesha Foster, Kenneth's 11 year old daughter and Sean-Paul Kelley, Michael Lahood's best friend in ask ing Gov. Perry to STOP KENNETH FOSTER'S EXECUTION. Also join the Save Kenneth Foster group for campaign updates and local events.


Gov. Rick Perry
Mail: State Capitol, P.O. Box 12428, Austin, TX 78711-2428
Telephone: 512-463-2000
Fax: 512-463-1849
E-mail: Use the form at www.governor.state.tx.us/contact

 

Texas Board of Pardons and Paroles
Mail: P.O. Box 13401, Capitol Station, Austin, TX 78711