The Case of Kenneth Foster: Texas Prepares To Execute Man For Driving A Car Near Scene of Murder

[babylonsister]

On Democracy Now! today~

http://www.democracynow.org/article.pl?sid=07/08/09/140214



The Case of Kenneth Foster: Texas Prepares To Execute Man For Driving A Car Near Scene of Murder


Three weeks from today, a 30-year-old African American man on death row in Texas is scheduled to be executed. Kenneth Foster was sentenced to death ten years ago for the murder of Michael Lahood, a white man. The trial judge, the prosecutor, and the jury that sentenced him to die admit he never killed anyone. Foster is scheduled to be executed under a controversial Texan law known as the law of parties. The law imposes the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom left the car, got into an altercation and shot Lahood dead. We broadcast a rare interview of Kenneth Foster from death row and speak to his family in Texas as well a journalist who has closely followed his case. Three weeks from today, a 30 year-old African American man on death row in Texas is scheduled to be executed. Kenneth Foster was sentenced to death ten years ago in a San Antonio court for the murder of Michael Lahood, a white man, in 1996. What makes Foster's case unique is that he didn't commit or plan the murder. Even the trial judge, the prosecutor, and the jury that sentenced him to die admit he never killed anyone.

Foster is scheduled to be executed under a controversial Texan law known as the law of parties. The law imposes the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom left the car, got into an altercation and shot a Michael LaHood dead. At the time of the shooting, Kenneth Foster was 80 feet away in his car. Since Foster's original trial, the other passengers have testified that Foster had no idea a shooting was going to take place.

On Tuesday, the Texas Court of Criminal Appeals denied death row prisoner Kenneth Foster's final appeal. In a six-to-three-decision the appeals court denied Foster's final writ of habeas corpus. Foster's last recourse is the Board of Pardons and Paroles, and Texas Governor Rick Perry. According to Foster"s criminal attorney, Keith Hampton, five of the seven board members must recommend clemency in order for Governor Perry to consider granting it. Kenneth Foster's scheduled execution date is August 30th.

Today, Kenneth Foster's family joins us from Austin, Texas. His wife, Tasha Narez-Foster, his eleven year old daughter Nydesha Foster and his grandfather Lawrence Foster as well as Bryan McCan from the Save Kenneth Foster Coalition. Here in our firehouse studio we are joined by former KPFT News Director Renee Feltz. Over the last five years she has interviewed more than 20 men and women on Texas Death Row, including Kenneth Foster. We welcome you all to Democracy Now.

* Bryan McCann, member of the Save Kenneth Foster campaign and an activist with the Campaign to End the Death Penalty.

* Renee Feltz, former news director at KPFT, Pacifica's sister station in Houston from 2002 through 2006, where she did extensive coverage of capital punishment in Texas and interviewed more than 20 men and women on Texas Death Row, including Kenneth Foster. She also works with Indymedia in Houston, and now New York, where she is studying investigative reporting at Columbia University.

* Lawrence Foster, Kenneth Foster's grandfather

* Tasha Foster, Kenneth Foster's wife

* Nydesha Foster, Kenneth Foster's 11-year-old daughter

snip//

Related Links:

SaveKennethBlogspot.com

FreeKenneth.com

[izzie]

1. This is pretty bad stuff.

What is it with liking to kill so many people that goes over so big in Texas?

[Commie Pinko Dirtbag]

5. Probably their only means of sexual arousal. I'd like to see the stats on births 9 months after

such high-profile executions. I'll bet there'll be a correlation.

[izzie]

10. I like your logic and I bet you are right.

Maybe we all need to get our yarn and knitting together and go sit and watch this state go back to the Middle Ages and seem that they enjoy every second of it.

[mntleo2]

2. This Is Downright Bloodthirsty

...but of course Texas is well known for putting to death people whose defense literally falls asleep in the courtroom. Yeah. He probably had GREAT defense ...

Besides which, when will people understand that the death penalty does nothing towards stopping crime and is a crime itself? Look what Texas as manifested in this president who does nothing all day but cause war and mayhem?

This is in *no* way about the good people of Texas who work their butts off for justice, I know you are all out there ~ but I also suspect you are drowned out like the Killer Bees were when they had to flee to Oklahoma because that was the only way even these patriotic elected representatives could have a voice that was heard over a bunch of treasonous right wingnuts.

My 2 cents

Cat In Seattle

[Richard Steele]

3. It seems a bit dishonest to claim he was convicted just for "being near the scene".

He and 3 others were actually driving around
robbing people at gunpoint for some time that
evening. During the last robbery, the gunman
shot and killed the victim.

This seems less than "controversial"; more like
a textbook application of the principle of
"Felony Murder". While I am opposed to the DP
altogether, it's still clear that Foster bears
responsibility as an accomplice to this murder.

[Lance_Boyle]

6. is there a source for this additional information?

There's no mention of the armed robbery spree prior to the killing in the article linked by the OP. If that is indeed true, I can see the felony murder charge as entirely appropriate. I'll never see the DP as an appropriate power to grant the state, but penalties for felony murder would properly apply if the killing transpired during the course of an armed robbery in which Mr. Foster knowingly participated.

[Richard Steele]

7. Right from the "Save Kenneth Foster" site on BlogSpot:

http://savekenneth.blogspot.com/


"On the evening of 14 August 1996, Mauriceo Brown,
DeWayne Dillard, Julius Steen and Kenneth Foster
drove around San Antonio in Foster’s grandfather’s
rental car, with Foster driving.
They committed two armed robberies, with Steen and Brown
robbing at gunpoint first a woman and then a man and two women.
Then, in the early hours of 15 August, they stopped outside
the house of Michael LaHood to which LaHood and a female
companion, Mary Patrick, were returning.
According to the trial evidence, Mary Patrick approached
Foster’s car and asked who they were. When she realized she
did not know the occupants, she walked back towards Michael LaHood.
Mauriceo Brown got out of the car, approached LaHood, demanded
his wallet, and shot him.
Not long afterwards, Kenneth Foster and his three companions
were stopped by police and arrested."

[Lance_Boyle]

9. This makes the OP cite appear rather disingenuous.

The guy was a willing accomplice to an armed robbery which resulted in murder. That makes him guilty of the murder. Seems clear cut.

[Commie Pinko Dirtbag]

11. I suppose they're going to kill the four of them, then?

How civilized. NOT.

[Commie Pinko Dirtbag]

4. I want some of you death worshippers to get here and say to my face that this is just.

Come on. Bring it on. :mad:

[Richard Steele]

8. I don't support the DP, but I support Foster's conviction- he was an accomplice to murder.

He was not just some innocent passer-by. He was
driving the gunmen around to commit armed robberies,
and the last victim ended up dead.

He bears a degree of responsibility for that death.

http://savekenneth.blogspot.com/