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Governor Rick Perry used his phoniest Southern politeness to dismiss an outcry from the European Union over the levels of legal executions carried out in Texas. Within a week, though, he began to buckle to pressure and stopped one execution. Even the Dallas newspaper, until recently a fervent supporter of the death penalty, had said that Kenneth Foster should not be executed. Just before Perry capitulated, the article below came to the People's Weekly World from San Antonio
SAN ANTONIO, Tex. -- Kenneth Foster, Jr., whose adopted name is Haramia KiNassor,
is scheduled to be executed by lethal injection on August 30 for a crime he
did not commit. Foster grew up here in San Antonio, where he lived with his
grandparents. On August 14, 1996, 19-year-old Foster was driving a car with
three other passengers who were involved in a series of robberies. Foster did
not rob anyone, but he was the driver. Later in the evening the men found themselves
behind another car. That car parked, a woman, Mary Patrick, got out and waived
them to the side of the road. Mauriceo Brown got out of the car Foster was driving,
got into a discussion with Patrick and ended up shooting and killing her boyfriend,
Michael T. LaHood, Jr. There is no evidence that Foster or the other passengers
participated or knew that a murder would be committed.
Foster was tried along with Brown, and both were found guilty of capital murder.
The judge told the jury they could find Foster guilty of capital murder even
though he had no intent to commit the offense. On May 5, 1997, Foster was found
guilty of capital murder and he remains on death row.
Texas' "Law of Parties" is being used in this case, but this is a
gross misuse of the Law of Parties.
On March 3, 2005 San Antonio Federal District Judge Royal Fergeson overturned
Foster's death sentence, but the sentence was reinstated by the 5th U.S. Circuit
Court of Appeals in New Orleans. The U.S. Supreme Court has refused to review
the case.
Foster has a beautiful and talented daughter, Nydesha, 11 years old, who lives
with her mother. Tasha Narez, Dutch hip hop artist from Rotterdam who goes by
the name Jav'lin, began corresponding with Foster by email several years ago
and recently married him by radio. She has been able to talk to him on death
row, separated by glass, but she has never been able to touch him. On August
18, at the Concert to Stop the Execution of Kenneth Foster, Jr., held at the
Carver Community Center, she spoke of her pride in bearing the name Foster but
also of her sadness because he is on death row.
In his 10 years on death row Foster has educated himself and become an eloquent
poet and fighter for social justice.
The death of LaHood was a tragedy. The killer of LaHood has already been executed.
If Foster, who was 80 feet away ina car with the windows rolled up and the radio
on, unaware of what had happened, is also executed, the tragedy is multiplied.
In that case we all lose a fighter for social justice, Nydesha loses a father
and Jav'lin loses a husband.
There is an urgent need for phone calls and faxes to Texas Governor Rick Perry,
asking him to grant clemency to Kenneth Foster, Jr. (TDC #999232). Don't let
Texas execute Kenneth Foster for driving a car. In Austin or from out of state
the number is (512) 463-1782. Fax: (512) 463-1849. Calls from Texas: (800) 252-9600.
Email messages can be sent from the website: http://www.governor.state.tx.us/contact
--juanchostanford@yahoo.com
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