Kenneth Foster

Kenneth Foster, Jr. (born October 22, 1976) was a prisoner formerly on death row in Texas. He was convicted of murdering Michael LaHood in August 1996. His conviction and execution were contested because he was convicted under a law of parties, not for physically committing the crime. The Governor of Texas, Rick Perry, commuted the death sentence to life imprisonment only three hours before the execution was scheduled to take place on August 30, 2007. Kenneth Foster, Jr. will be eligible for parole in 2037. He is currently located at the Byrd Unit of the Texas Department of Criminal Justice to be reprocessed as a general population prisoner.

The crime

The murder of Michael LaHood occurred on the night of August 14, 1996. Kenneth Foster, along with Mauriceo Brown, DeWayne Dillard, and Julius Steen, used Dillard's gun to commit two armed robberies, reportedly under the influence of alcohol and marijuana. The testimony established the general route taken after the first two robberies, by Foster as he followed Mary Patrick's vehicle from an apartment complex off Blanco Road, across Bitters Road, north on San Pedro avenue, and into the neighborhood and the LaHood residence, a distance in excess of 5 miles. They pulled over and Mauriceo Brown got out of the vehicle and robbed and killed LaHood. According to testimony, they had not discussed robbing or killing LaHood, and instead had followed Mary Patrick to get her phone number. They claimed that despite having just committed two robberies and followed Ms. Patrick for miles, they had no idea another robbery was going to take place. Foster claims Brown effectively acted "out of an independent impulse".Man to Be Executed, Although Prosecutors Say He Didn't Kill, [http://abcnews.go.com/TheLaw/Story?id=3475381&page=1 ABC News] , August 14, 2007. Retrieved on 2007-08-14.] Foster, the driver, began to leave the scene, but the others convinced him to wait for Brown. They were caught and arrested on August 15, 1996.

The trial and legal proceedings

On May 5, 1997, a state district judge in a San Antonio court handed down the verdict of the death penalty for Kenneth Foster. Foster had been tried alongside Brown, rather than in a separate trial. He was charged under a Texas "law of parties" statute (§7.02 of the Texas penal code [ [http://law.onecle.com/texas/penal/7.02.00.html Texas Penal Code - Section 7.02. Criminal Responsibility For Conduct Of Another - Texas Attorney Resources - Texas Laws ] ] ). The statute maintains that there is no difference between the perpetrator of a crime and an accomplice when the accomplice had prior knowledge that the crime would happen. Tyson v. Arizona established the precedent that a person may be executed for a crime he or she did not commit if he or she was a "major participant" or acted with "reckless indifference to the value of human life.".

Co-Defendants

*Mauriceo Brown, who admitted to and was convicted of killing Michael LaHood in August 1997, was executed in July 2006.

*Julius Steen was given immunity from death sentence in exchange for his testimony. He plead guilty to aggravated robbery and was sentenced to life imprisonment. He will be eligible for parole in 2027.

*DeWayne Dillard was not tried for the crime. Instead, he was tried, convicted and sentenced to life imprisonment for another, unrelated murder. He will be eligible for parole in 2037.

The history of legal appeals

* On appeals the Texas Court of Criminal Appeals upheld this verdict.
* A federal district court then reversed the ruling.
* The 5th Circuit Court of Appeals in New Orleans later reinstated the death sentence for Foster.
* On August 7, 2007, the Texas Court of Criminal Appeals denied Foster's final appeal.
* On August 30, 2007, Texas Governor Rick Perry granted a stay of execution just hours before Foster was scheduled to die. [ [http://www.latimes.com/news/nationworld/nation/la-na-commute31aug31,1,4488959.story?track=crosspromo&coll=la-headlines-nation&ctrack=1&cset=true Gov. calls off Texas execution - Los Angeles Times ] ]

Commutation

Foster's last hope was a favorable decision by the [http://www.tdcj.state.tx.us/bpp/ Texas Board of Pardons] . The board recommended his sentence be commuted to life in prison on August 30th 2007 by a majority of 6 to 1. Governor Rick Perry chose to accept the recommendation of the board, and converted Foster's sentence to life in prison, with a possibility of parole in 2037. The commutation was confirmed a mere three hours before Foster was due to die by lethal injection. [ [http://www.nytimes.com/2007/08/31/us/31execute.html Governor Commutes Sentence in Texas - New York Times ] ]

References

External links

* [http://abcnews.go.com/TheLaw/Story?id=3475381&page=1 Man to Be Executed, Although Prosecutors Say He Didn't Kill] (ABC News)
* [http://www.democracynow.org/article.pl?sid=07/08/09/140214&mode=thread&tid=25 The Case of Kenneth Foster: Texas Prepares to Execute Man for Driving a Car Near Scene of Murder] (Democracy Now)
* [http://web.amnesty.org/library/Index/ENGAMR511312007 USA(Texas): Kenneth Eugene Foster (m), Death penalty / Legal concern] (Amnesty International)
* [http://www.freekenneth.com/ "Free Kenneth Foster" website]
* [http://www.archive.org/details/KennethFosterInterview Kenneth Foster Interview, July 25, 2007] (Archive.org)