Saturday, August 4, 2007

Kenneth Foster is Going to Die

"A person is criminally responsible for an offense committed by the conduct of another if, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators; [then] all conspirators are guilty of the felony actually committed, though having no intent to commit it, [or] if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."
--Law of Parties, 1974

"When they said the truth would set you free, that didn't mean these doors would pop open and you'd walk out. You better start to recognize this thing called the soul. Although to me this is just a small part of this reality. Believe me; I've got more. Start to look through the fabrications and distorted truths. Truth is like light; you must be accustomed to it gradually. Otherwise, it dazzles you. There are no new truths in what I speak, only truths that have not yet been recognized."
--Kenneth Foster

On August 15, 1996, 19-year-old Kenneth Foster and three friends were driving around San Antonio. One of the friends, Mauriceo Brown, was carrying a gun, and he and another passenger robbed two people at gunpoint, despite Foster's misgivings. Later that night, Mauriceo gets into a shouting match with a woman and her boyfriend. Mauriceo gets out of the car and argues with the man, Michael LaHood Jr. He then shot and killed LaHood in self-defense, he said.

"Eighty feet away, Foster heard the gunshot and began to drive away, but his other friends convinced him to wait for Brown, according to testimonies. Brown then re-entered Foster's car, and they left the scene, only to be apprehended later that night.

Foster was tried alongside Brown for the murder of LaHood, thanks to the Law of Parties. He was sentenced to death in 1997, and his execution date is set for Aug. 30 (Viewpoint: Stop Kenneth Foster's execution)."

The Law of Parties states that if, in the course of committing or even knowing about a potential felony, another felony is committed, then everyone who knew about the original crime is guilty of both crimes. Imagine a bank robbery, someone is killed, everyone robbing the bank is guilty. It's a common law, can't imagine how it applies here, but in less than a month an innocent man is going to be killed.

The situation is compounded by the Antiterrorism and Effective Death Penalty Act, which was passed by Clinton after the Oklahoma City bombing. The law makes it incredibly difficult for individuals on death row to appeal their cases to federal courts. It was passed by "triangulation" Bill as he ran for re-election and it's a bad law. "The act reduced the statute of limitations for convicts to file federal writs of habeas corpus to six months after their state appeals ran out, effectively sealing off the possibility of extensive investigation or inquiry into misconduct by lawyers and law enforcement. The AEDPA also weakens the ability for federal courts to hear state cases: For instance, a district court must issue a "certificate of appealability" for a federal judge to hear the case. In essence, the state judges have to assert their colleagues' ineptitude to assure a federal appeal for a prisoner (Viewpoint: Stop Kenneth Foster's execution)."

This execution must not happen check out these websites to find out how to help.
www.freekenneth.com


Texas Moratorium Network

Be Brave. Be Wise. Be Compassionate.

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