KENNETH FOSTER JR ON TEXAS' DEATH ROW... JUST BECAUSE THEY LIKE KILLIN' PEOPLE THERE

You may not be aware the aside from DWT I also have a travel blog (which has been mightily neglected in the run-up to the midterm elections). Adam Axel, the son of two college friends, recently returned from a trip to Ghana and wrote all about his experiences there. He is a college student at the University of Central Florida and he told me about the case of Kenneth Foster, Jr. in Texas. I asked Adam to write it up for DWT and his chilling report is below. Please read it and then we'll get back to Foley

What would become of America if States began executing innocent people never convicted of murder? If this sounds OUT THERE and completely far fetched I hope you are ready for this. Texas, currently leading the country with the highest number of executions has one of the most unconstitutional, uncivilized, and outright brutal laws known as the "law of parties." To sum it up for you, the "law of parties" is simply guilt by association. There are currently 80-100 people on Texas DEATH ROW who have never been convicted of murder. 

One particularly disturbing case is that of Kenneth Foster Jr., who at 19 years old, was sentenced to die for being a getaway driver of a botched robbery. Mauriceo Brown, the convicted triggerman wasrecently executed. During the trial he not only admitted that he was the shooter but that the robbery was not planned and that he acted on his own. The trial judge instructed the jury that it could find Foster guilty of capital murder based on association with Brown exclusively, without evidence that Foster intended to rob and kill the victim.

Though the Texas "law of parties" allows for conviction based on intended participation in a conspiracy for murder, the trial judge's instructions to the jury blatantly disregarded the necessity of proving intent for a murder conviction. The judge told the jury that it could "find the defendant Kenneth Foster guilty of the offense of capital murder, though he may have had no intent to commit the offense."

Indeed, the imposition of the death penalty in Foster's trial, as Foster's appeal maintains, contradicted the Supreme Court's decision in Enmund v. Florida. In that case, the Supreme Court ruled that the death penalty violates the Eighth Amendment and is a disproportionate punishment when the defendant was not present at the killing, did not kill, and did not intend that the victims be killed or anticipate lethal force might be used in the course of a robbery or to effect a safe escape.

On March 3, 2005 San Antonio federal District Judge Royal Furgeson overturned Kenneth’s death sentence. This ruling gave the state 90 days to either offer Foster a new sentencing trial, or to vacate his death sentence and impose a life sentence. The state has just denied this appeal and Kenneth now waits for his date of execution to be set. 

Kenneth has been on death row for over ten years. He has spent his time improving his education with the study of theology, philosophy, yoga, and sociology. Kenneth is a brilliant poet and has published countless pieces since imprisoned. Kenneth is not asking for a hand out, he merely wants his story to be heard. He deserves a fair sentence fit for his situation and under no circumstances deserves to be executed. 

I have personally been in contact with Kenneth for over a year now and have to say I have never met anyone as motivated and full of spirit as he. His strength and positive attitude are simply remarkable and if anyone has ever deserved justice he is that man.

If we allow this madness to continue I am deeply fearful of what this country’s future beholds.  Please spread this message and raise the awareness of the public, most of which has never heard of this brutal and medieval practice. Below are Kenneth’s contact information, links to more information, and a petition to Congress and the Governor of Texas to stop this execution. If you would like to get involved please email Kenneth’s fiance at javlin_narez@yahoo.com

http://www.petitiononline.com/ee88911/petition.html

Kenneth Foster Jr. TDCJ #999232
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351
www.freekenneth.com