...The legal dispute in the case centers on what Foster knew was going to happen when Brown exited the vehicle, according to legal experts. Under the precedent set in Tyson v. Arizona, U.S. law states that a person may be executed for a crime they did not commit if they were a "major participant" or acted with "reckless indifference to the value of human life."
Hampton said he has exhausted virtually all legal recourse, including an appeal to the U.S. Supreme Court, and that his last best hope relies on a recommendation of commutation from the Texas Board of Pardons and Paroles to Perry.
Is he hopeful? Given Texas' track record with executions, "No, I am not," Hampton said. "The odds are extremely low."
In fact, the Board of Paroles has only recommended that a sentence be commuted twice in its history. In 1998, a recommendation was approved by then-Gov. George W. Bush in the high-profile case of Henry Lee Lucas. And, in 2004, they recommended the execution of paranoid schizophrenic Kelsey Patterson be commuted to life in prison, but Perry refused to grant the commutation.
Katherine Cesinger, a spokeswoman for Perry, said the governor considers each execution on a case-by-case basis. She said Texans overwhelmingly support the death penalty, and that Perry, in his suppot for it, is "carrying out the will of the people."
Jackie Deynolles, the acting chair of the 7-person pardons and parole committee that will review Foster's case, would not comment, other than to say that the board has received Hampton's petition and will issue a decision on Aug. 28...
Tuesday, August 14, 2007
Man to Be Executed, Although Prosecutors Say He Didn't Kill
Thats the title of ABC News article on Kenneth Foster's execution. Tonight at 6:30 PM there is going to be a Family Roundtable in Carver Library (At Rosewood Ave. and Angelina St).