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.
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