Lobbying at the Capitol with Family of Kenneth Foster Jr for Bill to Require Separate Trials in Capital Trials

Texas Moratorium Network's Scott Cobb and Hooman Hedayati of Witness to Innocence went to the Texas Capitol on Feb 16, 2011 with Lawrence Foster and Kenneth Foster Sr (grandfather and father of Kenneth Foster, Jr) to meet with legislators about a bill to require separate rials in capital cases. See photos here. Kenneth Foster Jr's death sentence was commuted to life in prison in 2007. He had been convicted and sentenced to death in a dual trial with his co-defendant. Governor Rick Perry said at the time of commuting the death sentence that the Legislature should take up the issue of requiring separate trials in death penalty cases. Perry said the dual trial issue was the reason he commuted the death sentence of Foster.

We also went with the Fosters to speak to Danielle Dirks' capital punishment class at UT-Austin.

And while at the capitol, we met the family of Tim Adams as they were meeting legislators to urge support for clemency for Tim, who is scheduled for execution in Texas Feb 22, 2011. They had earlier in the day held a press conference at the capitol to urge clemency for Timothy Adams.

8.30.09 Poem and Journal from Kenneth Foster

Hello friends, family and abolitionists!

I had a wonderful visit with our friend and brother Kenneth on Sunday at the McConnell Unit. He looks healthy and happy and we were able to take pictures. Unfortunately our visit was through glass, but we have applied for a contact visit through the warden. He recently celebrated his 2nd year off of death row and sent us the following journal entry and poem. Kenneth's words are poignant and inspirational and it pleases me to be able to share them with you all. -- Laura E. Brady

8.30.09 Journal Diary

Here I am to share a few words to those I love, to those that have stood fighting and to those that just need to know how real it is. I’m sure it’s not hard to understand how hard it is to share the inner-chambers of one’s heart. You think to yourself- who cares? Who will understand? But, for those whose hearts have been forged to fight for the higher causes in life we still seem to do it, regardless, because we know it must be done.

Here I am 2 years after I left death row. I sat back and absorbed and observed my day and I peered deep within myself to try and understand what was going on. This is SO necessary, but I know it’s easier for me to do this than for you all out there dealing with everyday life. But, to understand ourselves is a great power, because when we can do that we can unlock the secrets to the universe. Just look around us at what we’ve made and done. The people who make technology, computers etc. - they have unlocked something. You follow me?

And so I continue to try and unlock the complexities of my own life. I still struggle with my new environment. The Penal System is full of problems that you can’t imagine—some made by us, some made by the system. So, I have gone from one struggle to the next. I’ve gone from the lynch tree to the cotton fields. Oppression takes many shapes. But, I always have that knowledge and strength that was instilled in me from those years on death row- a “training” that will never leave me.

It’s often hard to compose thoughts that are so chaotic and painful. But, for those that I share with on a regular basis they know that I remain as determined as ever to overcome this situation and uplift as many around me as possible.

I was fortunate to spend my 2^nd anniversary off death row with a beautiful friend from overseas. Originally she didn’t want to come on 8.30, because she thought I would rather spend that day with my family. But, as I have come to see, family is not in blood but in bond. And so sometimes a friend is more esteemed than kinfolk. I love so many of my friends more than those I share a bloodline with and so it was a great day to share with someone like her. I ate good (of course); laughed good and made good on this blessing I was given.

Because life moves so much faster out here it’s hard to do as much writing as I used to. But, you can be assured that I am never stagnant and am always brewing up a plan for success and freedom. And when the time comes you’ll all be aware of some of those plans. Our bill didn’t pass this year, but we’ll try again in January 2011, but I may have a trump card before then.

There remains so many fights going on that need to be supported. Keep your eyes on the work of the Campaign to END the Death Penalty (CEDP), because Texas is not going to let up. So lend an ear, a voice or a signature where needed.

In close, in my best tradition, I’d like to leave a poem that I wrote on my 2^nd Anniversary off death row. And I’d just like to ask you all for your continual prayers and support and know that every day I give praise and try to make this chance like on never before. So keep your eyes toward me and know that the tide is just beginning to rise.

Love and Struggle

Kenneth

8.30.09

the days pass,

I tally the months and

the years begin to pile,

but these memories remain as clear as

what I did yesterday and

they also make me

push for my tomorrows

cause I still feel the

urgency of

living life to its fullest degree,

because sometimes we take for granted

the smallest things that

end up meaning the most.

I said it once

and I’ll say it again-

I REALIZE

I HAVEN’T SHOOK

DEATH ROW:

the years of solitude,

the stereotypes and sneers,

Texas’ resolution on being

The Killing Machine,

the loss of friends,

the screams from families who are the new victims,

the children,

the children,

the children,

the contradictions,

the petitions,

all our failures

that made new discoveries,

the love for a brother.

I am covered in a

psychological hurricane

that beats down my brain

and sometimes all I can do is pray

to still the storm, and I have tattoos

that tell stories

my lips can’t!

I feel like an enigma,

because just when I think I’m stable

the slightest thing will

draw my throat tight

and make the tears well in the corner of my eyes.

I can only cast my eyes down and

casually wipe my eyes

stiffen my back

and make it all disappear,

because who could understand what I was feeling!?!

what I have seen!?!

I’m alien in the land of unknown.

and I counted 2 years

and it feels like mere seconds,

but I hold on.

I hold on to

the way I can kiss my grandpa’s cheek

or the way I can lift my daughter

and I realize through all the darkness

there is a light-

even if only candle size-

that can have shattering effects.

so, I flicker on

wavering in the wind gust of

this Texas storm.

8.30.07

is a mantra

bound by rage and love.

4 tattooed with it.

the memory will never succumb.

I remain

with the pain and love

as determined now

as I was then.

unable to stop

this pursuit

of Struggle

we have claimed

as our own!

Message from Kenneth Foster

Greetings Brother of the Struggle!

I begin this missive with nothing but Plenty Much Love, Honor and Respect as I bow to the Right to those whose path is Righteous and also to those Brothers and Sisters who have fallen and are amongst the Kings and Queens that sit in Heaven.

It is said to hold what we are fighting for close to heart and never forget Our Cause. Therefore, as I stand to protect, I will put on the armor of God that is given: the helmet of salvation to shield the Minde, the brestplate to shield the Body and the belt of truth to uphold the Righteousness of my Soul. Thus, I stand with the sword to defend what rest within this Great Discovery.

I bring in a very interesting situation to you and if you are established in the proper ranks, you will be able to bring a powerful movement into motion. First and foremost I reach out to you from the wastelands of Texas. For 17 years I have walked down this Yellow Brick Road - blessed with the Vision by a Brother from East Detroit (out of hood called Plymouth Rock). At the time Insane was the way of thought, but in due time nothing but Growth and Development would be the path.

My story is an interesting one and if you take out 30 minutes to look up the information I leave you, I think you will find something of Great Depth. In 1997 I found my way to death row in Texas. The bottom line to that horror came about because I would not violate myself or those I was with by becoming a state witness. So, in retaliation I was slam dunked on the case. Over the years I spent my time working HARD to save my life and build international support. I won't have to tell all of this, because it's all documented on the Internet and you can read about it, google it, see videos, hear interviews and so on. In 2007, 6 hours before my execution, because of international and political pressure my sentence was commuted to life. Of course, a life sentence that I will not accept, thus this is only the first steps in going for full liberation. I would like for you to research me and my plight so you will KNOW who is talking to you. Take the time to do the following:

*look up: www.freekenneth.com
www.kennethfoster.de (go to the PICTURE PERFECT section and pay attention to the first 6 photos)
www.kennethfoster.it
www.drivemovement.org
*google Kenneth Foster or look up Rick Perry on Wikipedia
*www.myspace.com/kf999232

This is just really the start, but it's enough to show you what I have done and what I'm about.

When I went to death row I met some of the deepest Folks from around the world. Some were from Detroit, Alabama and Mississippi. Some are now executed and it's a few left. It wasn't until I went to death row that I truly began to understand and study the concepts and ideology of this 14. Now, Texas is #2 in the U.S. with prisons, so it's a large variety of mentalities from Unit to Unit. Some are more on-point than others and some prisons are rougher than others. Therefore, that will decide how the Growth and Developments communities function. From what I've seen in my 13 years on the inside is that Texas has been greatly neglected by our elders up North. In many ways it seems Texas is looked at as a waste land. However, there are GOOD Brothers here and many are on-point. We just lack the support and sponsors. Thankfully, while I was on the row, my Brother that was from Detroit gained a sponsor out of Munising (Algier Maximum Correctional Facility) and we was given the proper instructions on how to formulate a community. Sadly, when Texas ended inmate to inmate correspondence around 2002 that killed our birthline. We have done the best we could since then. The mentality on death row has always been serious, so we weaved what teachings we had into politically-militant type actions and used that in our daily walk. So, in every aspect of my Struggle I utilize these teachings to get things done.

This demo here is a SOS signal for help in this region. For the most part the Better Development Brothers have a strong structure. They had elders from up North that came down and set them on the Right path, so on the inside and outside they have a proper COC. The Growth and Development Brothers lack that. So, what Brothers have done down here is taken the INITIATIVE to construct structure, but that gets bucked by many (really on a selfish and renegade mentality) because they say ones don't have the proper authority to do this. And then you have ones who still remain in the past holding on to old concepts (like with the B in front) and that creates conflict. We stand that we acknowledge only this: GD, BD, LD and those under F.N. The Latin community is in disarray because for the most part Mexican gangs have ran the prisons, so when they come to prison the Mexican gangs put pressure on them and cause them to flipflop (Ambrose to be specific). But, that is another story which needs to be told.

Now that I am in population I can do a lot more for this Texas community. I have the outside network team to make things happen. We do not have access to computers in here, so everything goes through different supporters of mine. But, anything you send will get to me and will be responded to. I want to tap into this network. And YES just as you may seek to get to the depths of my Knowledge I will seek to get to depths of yours, because Brothers that have been baptized in the same Knowledge will recognize each other. I'm sure I may not possess all thepieces of our Lit and History, but I'm sure with enough conversation you'll know I'm enlightened through our Books of Life. And that is another thing we are need of - the cleansing of the 12-9-20 that we possess. Sometimes Brothers pop up with items and it could be something they made up after reading the 48 Laws of Power or something. But, I have stayed cautious and kept it simple to my Creed, AR804 (also known as the Institutional U-16), I pledge, We Pledge, Plug-In/Plug-Out and some other items.

It's important that you Brothers up North know that it's some SERIOUS Brothers down here. We have been doing this for a long time and as always we need to take it to the other level. As we are taught - we are to become a reckoning power BEYOND boundaries and without measure! I have found that honorable Chariman has a MySpace up, so I will be seeking to get accepted as a Friend there. I've also attained the Ghetto Prisoner clothing line address in Chi and may seek to drop a package there (if I'm able to find out the info will be accepted in safe arms). I'm sure you realize we have Brothers in many of these death rows across amerikkka. They need to know they are not forgotten. It's a vision of mine to create a newsletter for Texas. But, that is just one of many.

I am going to let this do for now. I will patiently wait for a response and I will be ready to split some bricks with you. With Love, Loyalty, Life it was started and without Knowledge, Wisdom, Understanding we'll soonly be departed. May the Blessing of Our Most Glorious Six be upon you and I extend the Highest Greetings of Love to all those that are Righteous and Striving that are around you. I am what I am and what I am not I will never be. I leave as I came...

In Struggle
Outlaw

Texas House Passes Kenneth Foster, Jr Act (HB 2267, the Law of Parties Bill)

FOR IMMEDIATE RELEASE:

CONTACTS: Scott Cobb, President, Texas Moratorium Network, admin@texasmoratorium.org, 512-552-4743;
Bryan McCann, Campaign to End the Death Penalty, bmccann@mail.utexas.edu, 512-739-4024

Texas House of Representatives Passes Law of Parties Bill (HB 2267)
Amendment Adopted for the Bill to be Known as "The Kenneth Foster Jr, Act"

Austin, TX – May 15, 2009 – The Texas House of Representatives today passed House Bill 2267, "The Kenneth Foster, Jr Act". Sponsored by Rep. Terri Hodge (D – Dallas), the bill would eliminate the death penalty as a sentencing option under the controversial Texas Law of Parties. It would also require separate trials of co-defendants in capital cases. The bill now goes to the Senate for consideration.

The Texas Law of Parties gained national prominence in 2007 during the high profile case of Kenneth Foster, Jr., whose death sentence was commuted by Governor Rick Perry following a national grassroots movement to halt his execution.

“It is my hope that in the future no other families have to deal with the emotional, psychological and financial hell associated with having a loved one on death row for a murder they factually did not commit, like my family has had to deal with for the last 13 years,” said Terri Bean, sister of Texas death row inmate Jeff Wood. Wood was sentenced to death under the Law of Parties.

“This bill, when passed, will make me even prouder to be a resident of Texas,” said Kenneth Foster, Sr., father of Kenneth Foster, Jr. “Our family knows first hand the injustices of the Law of Parties, and Rep. Hodge’s bill is a step in the right direction.”

Although Hodge’s bill is not retroactive, and therefore would not affect any current cases like Jeff Wood's, several families of death row inmates convicted under the Law of Parties have lobbied in favor of the legislation.

“This is a major victory for the families impacted by this unfair law,” said Bryan McCann of the Campaign to End the Death Penalty. “We are told the death penalty is reserved for the worst of the worst, but its application under the Law of Parties affords prosecutors far too much discretion in pursuing the most severe form of punishment.”

Executions under the Law of Parties are very rare. Three people have been executed in Texas under the Law of Parties, which amounts to 0.6 percent of the 437 total executions in Texas. The last such execution in Texas was in 1993.

"The Kenneth Foster, Jr Act is a much-needed reform. The current law allowing accomplices who have not killed anyone to pay the ultimate penalty for a murder committed by another person is fundamentally unjust", said Scott Cobb, president of Texas Moratorium Network.

Texas Moratorium Network (TMN) is a non-profit organization with the primary goal of mobilizing statewide support for a moratorium on executions in Texas. Web: http://stopexecutions.blogspot.com. The Campaign to End the Death Penalty is a grassroots organization dedicated to abolishing the death penalty. Web: http://www.myspace.com/cedpaustin.

The American Justice System: Perpetuating Racial Injustice in a Time of Change

In 2009, the US saw it's first Black president move into a White House built by slaves. Obama's victory is a massive blow to racism and should be celebrated. But at the same time, questions must be asked about the institutional racism still entrenched in our society and perfectly exemplified in the justice system. It's no secret that in the U.S., the most common victims of wrongful arrest, coercion by police, torture, and even death sentences are poor, young, and often non-White.

The pipes of the criminal justice system remain clogged with racism. Examples like Kenneth Foster (sentenced to death under the Texas Law of Parties for driving a car before he was commuted off death row), Troy Davis (scheduled to be executed in Georgia despite witnesses testifying they lied on the stand after police pressure to do so), Rodney Reed (scheduled to be executed despite fingerprint evidence and a host of testimonies that lend him a credible alibi), Mumia Abu-Jamal (on death row in Pennsylvania for reporting on racial profiling by police) , or many other cases nationwide.

Come learn about our organization and how you can mobilize alongside the families of the victimized to fight injustice.

7PM on Wed., Feb. 25 in PAR 301
CELEBRATE BLACK HISTORY MONTH
JOIN A FIGHT AGAINST RACISM!

Advocates to Hold Press Conference Tuesday, Feb 24, on Ending Death Penalty Sentences Under Texas' Law of Parties

Media Advisory

For immediate release: February 22, 2009

Advocates to Hold Press Conference Tuesday, Feb 24, on Ending Death Penalty Sentences Under Texas' Law of Parties

A press conference will be held at the Texas Capitol in the House Speaker's Committee Room (2W.6) on Tuesday, February 24 at 12:30 PM by advocates for an end to the death penalty for people convicted under Texas' Law of Parties. State Rep. Harold Dutton of Houston has filed HB 304, which would prohibit prosecutors from seeking the death penalty in the future under the Law of Parties.

The Law of Parties can currently be used to sentence people to death even though they did not actually kill or intend anyone to be killed. Speakers at the press conference will include representatives of Kenneth Foster, jr and Jeff Wood, both of whom were sentenced to death under the Law of Parties even though neither of them killed anyone. Foster's death sentence was commuted to life in prison on August 30, 2007 by Governor Perry. Wood remains on death row after receiving a last-minute stay of execution from a federal judge on August 21, 2008, so that his mental health could be evaluated. In both the Foster and Wood cases, the actual killers have already been executed by Texas.

What: Press Conference on Ending Death Penalty Sentences Under the Law of Parties
Where: The Texas Capitol in the House Speaker's Committee Room, 2W.6
When: 12:30 PM on Tuesday, February 24
Speakers include Rep Harold Dutton and family members of Kenneth Foster and Jeff Wood, including Lawrence Foster and Kenneth Foster Sr.

"No one should be put to death for a murder committed by someone else. The death penalty should certainly not be used for people who do not actually kill anyone. While most people in Texas may still support the death penalty, I am quite sure that even most people who support the death penalty only want it used for the worst of the worst murderers and not for people who do not actually kill anyone. Dutton's bill would eliminate the death penalty sentencing option for people convicted under the Law of Parties, but it would still allow people who play lesser roles in a case to be convicted and sentenced to prison under the Law of Parties," said Scott Cobb of Texas Moratorium Network.

"The Texas Law of Parties gives prosecutors far too much discretion in seeking the death penalty by expanding it to those who did not even commit a murder. As we have learned in cases like Kenneth Foster and Jeff Wood, the law unfairly affects those who were in the wrong place at the wrong time or on the losing end of a plea deal. The Texas Legislature should do the right thing and pass Representative Dutton's bill," said Bryan McCann of the Campaign to End the Death Penalty and the Save Kenneth Foster Campaign.

Sponsored by Texas Moratorium Network, Campaign to End the Death Penalty, Texas Death Penalty Abolition Movement, and Texas Students Against the Death Penalty.

For more information on the case of Kenneth Foster, visit www.freekenneth.com.
For more information on the case of visit www.savejeffwood.com.

From Kenneth Foster to Jeff Wood -- The struggle continues...

Kenneth Foster Anniversary Journal Entry for 8.30.08

8.30.08 Anniversary Journal Entry
Kenneth "Haramia" Foster, Jr.

It dawned upon me that the one-year mark of my 2007 scheduled execution was approaching. The emotions of that day still have not resided and perhaps they never will, though I find myself getting stronger each day and my vision is getting clearer.

I've never been much for celebrating "events" in prison. I can't relate to most holidays and I never feel enough freedom to experience TRUE joy in my celebrating. But, I have found ways to smile and enjoy the beautiful things that we pull out of this type of situation. When the joy and pain combine it's kind of like something a man named Walter S. Landor said: "A smile is ever the most bright and beautiful with a tear upon it."

So, I decided to enjoy myself. I decided to let the disciplines down for a moment to pull back into myself and rejoice in what has manifested for me. I had to tell myself- "OK, no level 2 or level 3. No hunger strike right now. Enjoy the moment."

What better way to set things off than with some celebration cake? So, the first thing I did, a few days before the anniversary day, was to buy me a cake (OK, it was more so a pie). There's some creative cooks around here. When you have very little to deal with I suppose you become a genius at making something out of nothing. So, I ended up with a banana pudding pie, which I sinfully ate. But, no regrets this day. It was a day to enjoy.

I let a few days pass before I went into mode 2. I decided to cook a special meal for me and my cellmate. That would be accomplished with what I have coined as: the double decker pizza. For those that have tasted this, this has become a favorite request from me (yeah- I've picked up some of those creative cooking skills too). What was strange about this day was I had somehow thought that it was the 30th. I can't explain how I lost a day. I can only think that perhaps it was all the anticipation I had approaching my review. But, maybe it was something else that caused me to wake on the 29th and begin my celebration. I wouldn't catch that understanding until later that day when a comrade inquired about why I was celebrating that day. With a "You don't know why" expression on my face I lifted my left arm and showed him the Texas Tears tattoo on the back of my arm and highlighted the 8.30.07 date inked into my skin. He left off a little smile and told me- "But today is the 29th." Like Homer Simpson- "DOH!" But, it wasn't as bad of a bungle as I thought. When I later told another comrade of mine about the event he gave me this:

"You didn't mess up. You celebrated just right. You see- the 29th is the TRUE day that you went through your trauma. It's the day they kidnapped you and it's the day you were dragged into the death house. It was the day that you first saw the death chamber room. So, you can see the 29th as your demise and you can see the 30th as your resurrection."

And there it was. Everything was as it was supposed to be. I went to bed with a smile on my face and in my heart. By the time the 30th came I felt like I had celebrated plenty with cake, pizza and excitement, so I took this day to simply reflect on my life and give thanks for having this opportunity. Looking at those that have been murdered after me, looking at the complications with the Jeff Wood case I still wonder how/why I am here. I realize it's due to something greater than me and I realize that this doesn’t come free for me. There's not a moment that thanks is not emitted from my heart and I realize that I have to do all I can to show that. For those that campaigned for me a year ago I understand how potent this was to them. I understand the power of August 30th (as Bryan McCann would demonstrate to me when he tattooed 8.30.07 on his left arm). 8.30.07 has become a mantra.

I would end my day with prayers and appreciation and also the hope that one day I will celebrate 8.30.07 in the company of my loved ones and also the masses. It's something that I am fighting for and it's something that I can't surrender. And I do realize that this is only the beginning. August 30, 2008 was a great day, but the best is yet to come.

Level Review 8.30.08-9.5.08

For those that have remained posted to my situation you will know about how I had been kept on Close Custody for a year- an environment that was only slightly different from the one I just left. It was a test of all tests. Mentally and spiritually. What these people attempted to place on me as only a year was in fact something way beyond that- it was a 12-year wait. It was a 12-year wait that should have never had to be.

The weekend had passed and the 2nd had approached. Usually when you have an appointment somewhere (Medical, Attorney visit- amongst a few things) you receive a notice the day before. I didn't receive a notice that I would be attending Classification on this day, so I was caught off guard when an officer came to my cell and said I was wanted for Classification review. I had thought that maybe they would purposely make me wait until the last date for the review- the 5th. But the day had come.

I put on my best whites and took the stroll to the Classification office. There I was faced with the same Major (Ambriz) that I had when I was denied at my 6-month mark. This time he was flanked by 2 new women. I was told to take a seat and my file was gone through. At our last meeting 6 months ago my review ended with a denial and a verbal protest from me. I didn't know how this one would end. While I knew I had a chance to get my full level I didn't expect it. I expected a partial upgrade and in the back of my mind I expected some excuse for another denial.

The Major went through my file and stated- "The computer suggests G2." I didn't give the slightest response. I knew that there had to be 2 out of the 3 agreeing, but I also know that they make these decisions ahead of time. The woman to Abriz's left asked if there was any disciplinary. Ambriz responded only one, but it was minor and had no bearing. So, with that no more inquiry was given and Ambriz marked on the paper- "G, line 1." When he did that the lady looked up at me and I couldn't help but to at that point let off a slight smile. "You can take the cuffs off of him now." And that's what it was. My files were wrapped up and the Major excused me on my way. Without as much as a peep I slid on out the door with some pep in my step and I hit the pavement for the first time without the steel rings around my wrist. In the short time that I've been on the Unit I've come to know a few people- many guys having read about my case in Texas papers and when they saw me on the sidewalk they couldn't help but to extend a fisted salute and a smile. Without a doubt I reciprocated it.

I returned to my cell, packed all my property and left Close Custody. I gave my greetings to those I associated with and walked out the door with a lot of support from those that knew what I had been through. As one brother would tell me in a heartfelt way- "You have to remember, you're an inspiration to a lot of us."

I was immediately sent to 4 building- A.side of the prison. A.side being what's considered the "good" side of town- whereas 8 building (close custody and majority medium custody) is known as the not-so-good side. The ghetto of the city! It's a whole different way of life on this side- clean walls, jobs, but sadly all coated with a mentality that you better not mess up otherwise all of this can be taken from you at the blink of an eye. I was already prepped by brothers who had been over here about the officers that abuse their authority and also like to be playful. Neither of these things are things that I'm used to, but I realize that if I am to put myself in a position where I can enjoy the fruits of my and my people's struggles then I must be smarter than my adversaries. As Ralph W. Trine said: "When apparent adversity comes, be not cast down by it, but make the best of it, and always look forward for better things, for conditions more prosperous." I realize everyday will be a struggle, so like a babe once again I take baby steps.

I spent my first few days walking around to chow, just soaking up the days. By this time I had hugged and been hugged at least 100 times by brothers I knew or had heard about me. Men I didn't even know came up to me and shook my hand because they had read about my struggle. One guy had read about my daughter in the Bay Review! It was all a beautiful thing. But at the same time I was as lost as a kid in an amusement park. I had to ask some of the brothers where to go, what such and such means and how to do this or that. It's often followed by a little laugh from them, but always by a pat on the back, because they realize for the last 8 years I have been boxed within a box. In all actuality out of my 12 years of incarceration I had only spent maybe a little over 3 years around other inmates (before the isolation at Polunsky in 2000- and those 3 years include the 11 months I spent in the county jail). So, this is an accomplishment beyond words- no more cuffs everywhere I go. No more isolation. Of course, anything could happen from day to day to drop my levels again. I know that. All I can do is walk my walk and deal with what comes my way. I definitely am not entertaining any thoughts that my struggles are over forever.

I was immediately given a job working in the kitchen (not that I need to be around any food judging by some of the teases I've gotten from the few pounds I've put on. I guess some people forgot that my greyhound look back then was compliments of Polunsky oppression that we had to protest and go and entertain hunger strikes and no commissary for months at a time. That's caustic humor for those that didn't know. I don't regret any of it.) The kitchen would prove to open a few other doors to me (not just the refrigerator ones). I came across 2 guys that I knew on death row- Johnny Bernal and Raymond Cobb. Both were freed from death row in 2005 when the juveniles were freed. These weren't close friends of mine, but were guys I had met. Nevertheless we hugged each other like we were long lost brothers. We spoke a bit about our personal situations back then and currently and then parted to finish work (though we'll definitely be seeing more of each other from day to day). But again, the best was yet to come.

Victory Day

It had been awaited for longer than I could remember. Now as a G2, line 1 I could qualify for contact visits and my day had come. September 6th I was called from work for my first visit as a G2. I went back to my cell, showered and pulled on my freshly starched whites. I adorned my boots- checked the mirror one last time and walked with a mean swagger to my visit. Once there I would be told to go to table 15; and there was the greatest thing in the world waiting for me- my amazing grandfather who had raised me and been my rock for the majority of my life. I walked up behind him and gave him a hug. He rose with a great smile and hugged me back. We embraced even tighter and I gave him a kiss on his cheek. The smiles between us could have lit a black hole in the universe. We clasped hands and rejoiced at the day. We sat down, ate together, had a bunch of laughs and had a great visit. I remember there were days that I never thought I'd be able to touch my grandfather again. All of this has come with many losses too- my grandmother being riddled with Alzheimer's disease so bad to where she can't leave home for such visits. It's a pain (almost like my mother's death) that I will have to carry with me for the rest of my life. My victory hasn't come without scars as well.

It was hard to let go, but we said our goodbyes for the day. I hugged my grandfather- the man I love the most- tightly and gave him a kiss on the cheek as we parted. It was a beautiful day and all the brothers asked me how I felt. Again- it's something beyond words. I am thankful beyond words.

Now I only await the final pieces to this puzzle and that's to be able to hold my daughter and wife. But of course there are so many others that I too would like to be able to spend time with. God willing it will all happen. But for now I just take things one day at a time. Little by little I will adjust to my surroundings and I hope to be able to take full advantage of what is available to me.

As I close out Resurrection Week I bow my head and say a silent prayer for those that couldn't be here and amongst all the ups and downs, struggles and glories I do realize- as I've said thus far- the best is till yet to come.

Stay Tuned...the struggle continues

Kenneth Foster granted level G2 status and is in general population at the McConnell Unit

Hello everyone – For the last 12 years Kenneth Foster has been isolated in his cell for at least 22 hours per day either on death row in solitary confinement (11 years) or for the last 1 year housed in the most restrictive unit available at the McConnell Unit. I am happy to report that finally, after one year of having his sentence commuted he has been granted level G2 status and is in general population at the McConnell Unit. He is FINALLY allowed contact visits and he had his first today with his Grandfather. His Grandfather told me that he cannot describe in words the excitement that Kenneth had. He is also now assigned a job and is working in the kitchen. I will share more details as they arrive.

Best,

Adam

A Letter from Kenneth Foster

Below is a letter I received from Kenneth recently that he asked me to share publicly. As we commemorate this anniversary and I pass along these words to you, I keep Kenneth, Tasha and Nydesha in my thoughts because today is also Kenneth's review to decide if he will be granted a new security level. This could be huge! With this level it would then be possible for Kenneth to enjoy contact visits. How he has longed for over a decade to embrace his family! Once I hear news of the review outcome I will pass it along.

Happy Anniversary.

-Laura Brady


August 8th, 2008

I'm like a piece of steel in the fire. However, the longer I stay in the fire the more I will purify.

This is the image I must constantly keep in my mind. This is the image that allows me to endure everything I'm going through.

Fire is an intricate element. It's an element that depending on the material, will burn/destroy or refine/purify. For the latter such an element is steel, which is why I attach myself to its likeness. While I do not shallowly relate myself to something that is "cold" and "lifeless" I cannot deny, as Ho Chi Minh said: "Calamity has hardened me and turned my mind into steel."

The operative word is MIND which highlights the fact it's not the heart or soul (which would be the centers from which a person's love, peace and hope stem from). The mind is a vehicle- much like a car- that must be reinforced to withstand harsh damages and impacts; while the heart and soul would act like the gasoline and oil. Without those 2 substances the car will be immobile and useless.

This is why it's important- in a struggle like this- that the mind be made into steel. To allow my mind to become any weaker than this material would result in a crumbling effect- that which the system relishes in seeing. This system is built on Conquer not cultivation. Just look at its track record: World War 1, World War 2, Gulf War, and from Vietnam to Iraq. A conquered mind is a conquered person, therefore I MUST remain…that steel.

What sparked this writing was my reflection on my quickly approaching 1-year anniversary of leaving death row. I remain in constant analysis of myself and my surroundings, because a moving mind will not be an idle mind; and idleness leads first to boredom, then to mischief and eventually to evil. I continue to ask where I am with my Self (12 building still insight [see my last journal of 2/17/08]) and what I have to do to get where I want/need to be.

For those that have kept up they know not much has changed for me in my struggle within these walls. I've traded one demon for another. While the greater challenge (defeating the executioner) has been lifted, the pain and adversity has not. Some things can be worse than death.

With me it was never about dying. An excruciating execution or not- that wasn't what shook me. It was the INJUSTICE of it all- personally and politically. To quote an intense writer on his (Jack Henry Abbott) time in prison:

"It has been my experience that injustice is perhaps the only (if not merely the greatest) cause of insanity behind bars."

This rang so true to me that it made me grit my teeth. You see- I have not accepted my circumstances nor my surroundings (i.e.- as "destiny"), but I deal with them and I adjust to them. And during this process I have come to deal with the most vilest of things and kept my sanity. I have been forced to wrestle with rules (often times arbitrary ones) that were made to subjugate me. Even when the table is shifted in their favor it's still not enough. It's not enough for them until you have been grinded into a pulp. As Abbott stated: "America resorts to the use of reason only as a final attempt to persuade, only after it has tried unsuccessfully to destroy a man, only after it is too late."

I deal with the oppression, but find it unmanageable to accept not getting the things I'm due. When it's time for the system to screw you over they are quick and masterful at accomplishing it. But, when giving justice, reparations etc. are due it's like pulling teeth. These are the injustices that drive me mad. "I have been twisted by justice the way other men can be twisted by love", so said Abbott. (In fact, for any of you that would like to dive into the mind and soul of a man that has endured the pure sickness of the Penal System I would encourage you to read his book "In the belly of the beast." You won't regret the time spent on it.

As I approach this year anniversary I wonder in what ways will my life shift gear. It will be a turning point- not just spiritually, but physically as well. Because as ironic as it might be- August 30, 2008 is the exact date my review for my next level is set. This next level will decide exactly what doors will be open to me: jobs, school. programs, more visits, contact visits, no handcuffs. Can you imagine that for the last 10 years I have had to be handcuffed everywhere I go, in/out my cell, in/out the shower, recreation yard, visit- back and forth, back and forth everyday all day! Not due to any prison rule violation, but simply because of my label- death row. I've got so many scars around my wrists that I no longer remember where they originated from ("Shackles have baptized my limbs with murderous rust."); so many scars that I just decided to get bracelets tattooed around my wrists (literally)- one for my wife and one for my daughter. Reminders that I'm chained to things more beautiful than these iron soul breakers. Whatever privileges come I will not dignify them by calling them more "freedoms" because does making a cage bigger make freedom any closer? I can be appreciative for what advantages I do get, but I can't dignify it to be more than something it's not.

I do the best I can to make free-dome a state of the mind, but freedom is not a one-dimensional thing. It cannot be COMPLETE/FULFILLED in a one-dimensional state. Freedom is multi-dimensional like a prism. For now I can only experience pieces of it, but I'm constantly in thought of what to pursue, what's waiting for me.

Whatever's waiting for me at the end of this month- be it upgrade or not- I'm going to have to decide how I will deal with it. I'm not quick to make promises, because a person can only tolerate what he has contempt for for so long. There is always a breaking point. It's a mantra I emit with much sincerity. This mantra-emanating from thoughts of not having touched my family in over 12 years- is one so strong that it threatens me with vulnerability. How does the steel hold up in the scorching fire????

Not long ago I watched the sands of time run down the hourglass as I awaited death. I now flip that same hourglass over. This time- at the other end of the spectrum- I watch the sands of time run down that hourglass again, but this time…..I await another aspect of Life.

What shall come of me (this steel) as I toss, turn, mold, soften, harden, re-form within the flames? I keep my purpose in focus and thrive on, as Abbott said:

"The most fragile and delicate of all ideas are those that reflect the fact that within human beings, there is an impenetrable area that no one can enter and defile: a heart of human tenderness so tenacious, so all-suffering and accepting, calm and resilient to human response, to love, that no force on earth can ever defeat it."

Therefore, I remain as strong as ever in the struggle and in the fire….fighting!!!

Stiff Resistance!

Kenneth 'Haramia' Foster

Kenneth Foster Use of Force Video

On August 30, 2007, Texas Governor Rick Perry commuted the death sentence of Kenneth Foster, Jr. following a sustained grassroots campaign led by Kenneth's family and anti-death penalty activists from Texas and across the country. This video was taken the night staff members from Texas' death row transported Kenneth to the death house in Huntsville several hours ahead of schedule. As promised, Kenneth refused to cooperate. His bravery in this video is a testament to his fighting spirit and commitment to social justice.

What the Death Penalty Has Done To Me

By Christy Armell

August 30^th, 2007 will forever be engraved in my mind. This is the day that the state of Texas was going to execute my friend Kenneth Foster. I remember going to bed the night before, with Kenneth’s letters right beside me thinking I may never get another letter from him. How could this be happening? How could this country that I live in want kill someone that I cared for? I remember waking up that morning in tears. I paced the floors, calling people, emailing, screaming the injustice that was going to take place that very day. I reached out to anyone who would listen to me. I held my 13 year old daughter tight, somehow helping me feel closer to my friend. My daughter looked at me and told me everything will be ok. As she dressed for school, she vowed to fast in protest of the state sanctioned murder of my friend. Seems her silent protest may have helped save Kenny’s life.

I don’t remember anything else Adam Axel said to me when he phoned me mid morning on August 30^th, 2007 except that Kenny’s sentence had been commuted. I screamed so loud my neighbors came by to see if I was ok. Answering the door in tears of joy, I responded my friend will live, my friend will live. August 30^th, 2007 turned out to be one of the happiest days of my life.

I actually stumbled upon Kenny’s case while researching the death penalty for a class. I am a Criminal Justice student. I decided to write to him in prison. Those letters have continued to this day. I had known, before I met Kenny, that I opposed the death penalty, I just never was able to really vocally say so. Kenny helped me to see that my voice could be and should be heard. I have not stopped using my voice since then.

I really began getting more involved, writing to inmates, and speaking to their families and other activists. I became aware of the pain, the tears, and the cries of help that each case warranted. We were talking about people’s lives. Guilt or innocence never really mattered. This country is killing people in the name of justice. I don’t call that justice, I call that revenge.

I became more involved with the death penalty in Texas. My focus remains there today. Texas is the killing capital of the world, when it comes to executions. With over 400 executions in Texas since the death penalty became legal again in 1976, there seems to be a real joy of applying a death sentence to people; even people who have never killed another. Texas has an arcane law called the Law of Parties. The Law of Parties was never meant to be used in capital cases. However, that has changed and men and women are being sent to their deaths for never killing anyone. The Law of Parties basically states that a person should “anticipate” that a murder will occur. How can anyone anticipate such a thing? Men and women are sitting in prison, convicted under LOP who had no knowledge that a murder would occur, did not conspire to commit a murder, and did not participate it the crime at all. How can Texas justify this? Kenneth Foster was charged under LOP, and his life was spared. Will others?

I have been to Texas. The moment I crossed the border into that state, I could smell the death in the air. Why? Why the death penalty is still considered an appropriate form of punishment? Over 100 men and women have been exonerated from death row in recent years, with valid proof of innocence. This is enough to tell me that the system is flawed. The death penalty is irreversible. I do not want the blood of an innocent person on my hands. And neither should Texas, or the United States.

While I came into this struggle on a victory of Kenny’s life being saved, I knew that it would not last. However, I was never prepared to lose a friend to state sanctioned murder. Karl Chamberlain was killed by Texas in June 2008. Karl had this amazing smile that would melt your heart. His words did the same. Karl was prepared to die, and was also very remorseful for the crime that he committed. He told me once not to feel sorry for him, but to continue the fight. I go over those words in my mind everyday. The day of Karl’s execution will also be forever etched in my mind. June 11^th, 2008. The day Texas killed my friend. I frantically was on the phone to people in Texas who were outside the gates of the killing chamber in Huntsville Texas. I was also on the phone with Joey, a pen pal of mine who was just released from Texas Department of Corrections. I had grown to love Joey very much, and I called on him to watch the news there and to tell me anything that was being said about Karl. I was in tears and completely distraught.

When the news came down that Karl had indeed been executed all I could do was cry and wonder when will it stop? When will this country stop creating more victims? I certainly was a victim that day, as well as all of Karl’s family and friends. We lost someone we loved. I closed down the computer, turned off the phone and thought of Karl, and his mother, who was protesting outside of Huntsville while her son was being murdered just feet away from her.

The next day, I received a letter from Karl. It was the usual upbeat letter, telling me to press forward, to fight for those who others have forgotten or just chose not to hear. Karl was looking down on me, as he is today. The sadness will remain from losing Karl, but the fight will continue. I fight for Kenny who lived, and I fight for Karl who died. I fight for the mothers and fathers and sisters and brothers and children who love unconditionally. I fight for what the death penalty has done to me, and what it may one day do to you.

Message & Call to Action from Kenneth Foster

March 18, 2008
Dear Friends,

I know that many of you have been waiting for some official words from me since I’ve been at my new Unit. And I apologize for the delay. I had hoped, when I made my first journal, that I could bring some good news. Of course the good news remains that I’m here and have the chance to keep this fight going. And that will forever be. But, life goes on and so does the struggle. We look back and have inspiration, we look forward with aspirations.

Well, as many of you know I was waiting to see if I would be placed in a higher level as the current level I’m on is not that much different from the way I was housed on death row. The main difference is that I recreate with a group of men and we sometimes eat together in our day room. Other than that it remains the same that I’m confined to a cell 22 hours a day, but this time with somebody.

When I got here in September and was reviewed I was told that if I did 3 months with no disciplinary cases that I would be reviewed for the next level. Unfortunately we went on a lock down from November 13th – December 31st. So, that review did no happen, but I was told that it wouldn’t happen, because the “higher ups” wanted the mandatory 6 months. It was already January when I was told that, so 2 more months was no big deal. However, when you deal with this system for long enough you learn to catch vibes from those that smile in your face. You learn to read their language and delays turn into denials. I know that program well.

My 6 months rolled up on this day (March 18th) and I went for that review. You guessed it- DENIED! I had pretty much felt that was going to happen. One thing that you will learn about TDC (and this system, period) is that there is no TRUE protocol. As we say- “They make it up as they go.” As with the entire System it’s with TDC- every year there’s new rules and the powers that be are always above them, manipulate them and utilize them how they want.

I was told that they want me to do a full year on this level. Is that written in protocol? Yes! Do they bend it when they want to? Yes! Since I’ve been here I’ve seen them bring men up for their next level in 6 months. I’ve astoundingly seen them raise men up even when they had disciplinary cases. I’ve seen that happen with 3 people thus far. So, I basically see them do what they want for whatever reasons they choose.

I’m not going to get on my political conspiracy/political retaliation theories. I’m also not going to walk with my head down about it. Dealing with snakes in the grass is nothing new to me and fighting is nothing new to me. The only thing this Administration did was put themselves further into my scopes. I’ve already began to take action against them for what’s going on with our recreation. Those problems continue (in fact, at the time of this writing I have not had recreation for the last 4 days straight. We did another lock down from February 27th-March 13th and during the month of February we only got a total of 4 days of recreation). The only thing they are doing is engaging me in battle with them. And I don’t mind. I was bred for that. I had hoped to be able to move forward with my life, but they’re not going to make that simple for me. It’s nothing new about knowing these people are provokers. They create problems and punish people when they stand up for themselves.

As of now I have dedicated my protest to the pen. IF we were getting the recreation we were due it wouldn’t be so bad. Thus far I have begun to have letters sent to politicians. I had some drawn up and I had copies made and I passed them out to the inmates in my living area. You will find a copy of that attached below. It’s only a draft. I would ask ALL OF YOU to put something together and send to Senator John Whitmire. By making TDC do the right thing this is the best way we can get back. For all those in Texas and with Texas connections I’d ask you to pass this on. People here must press this issue. If the issue doesn’t get pressed politically we, the prisoners, will be forced to press it physically. That has already happened to one young man here and he was slammed on his head while in handcuffs causing his head to bust open. I am helping him contact politicians and Civil Rights groups and he plans to file a law suit. I’ll help whoever I can.

I deal with these situations by staying busy. When I left death row I said that I wouldn’t stop and I meant that. I don’t want people to worry. If we can beat death row there’s nothing we can’t do. We can do a lot.

What my future holds I cannot say, so I seek to make each day worth living. Because of all my family went through over the past years I will stay focused and will do my best to not fall into any traps. I just ask that those of you that can….stay moving, because you are the wind in my back.

I close this for now, but I close with strength in my heart and vision in my eyes. We’ll talk soon.

From the Struggle,

Kenneth

------------------------------

----------------------------

Senator John Whitmire
803 Yale Street
Houston, TX 77007

Dear Sir-

We come to you today hoping to get your assistance in correcting some injustices going on within some TDCJ institutions. We are aware that you are the Chairman of the Criminal Justice Jurisprudence Committee, thus have jurisdiction over these affairs.

We are very aware of the staff shortage TDC is facing, but we believe that this reason is being used to carry out some abuses at one Unit specifically and that is the McConnell Unit in Beeville.

I am the______________(insert here your relation to the person you are petitioning for)

To__________________ (insert name of that inmate here).

It’s been brought to our attention that the inmates on close custody are being thoroughly neglected. By the TDC Handbook it states that these men are to recreate for 2 hours a day outside and if weather is bad- in the gym. Due to the staff shortage these men have not been getting any recreation at all. Inmates on other levels are being allowed dayroom time. It is true that inmates on other levels are allotted 2 hours outside and several hours in the dayroom. However, the McConnell Administration is using this as an excuse to not recreate Close Custody at all, because they are only allotted outside time and since there is a staff shortage they are being denied recreation completely. We believe this is becoming inhumane treatment. Please keep in mind that these men are housed with someone, thus they are being forced to be in a cell with another person for 24 hours day after day.

Also, on days when they say staff is extremely short these men sometimes don’t get showers and are not fed hot meals- they get a sacked meal. As citizens that pay taxes to the Criminal Justice branch we are very disturbed that our funds are not covering the above issues. We are also concerned with how our family members are being treated. How can they come out better people if they are being treated as less than human?

Grievances have been filed by the inmates on these matters. In the grievances they suggest to the McConnell staff to rotate staff so that at least they could come out of their cells sometimes. This very simple suggestion has not been followed. From February 2nd – February 24th these men came out of their cells only 3 times. And we believe it will only get worse. These men need to come out of there cells for exercise, fresh air, and to get relief from their cell mates. These are not just things which the rule book states they should have, but are basic human decencies.

We come to you and ask you to look into what is going on at McConnell Unit. We understand that McConnell Unit is not the only unit with problems, but the situation there is only worsening. As politicians we would hope that you would want to deter any possible problems, or stresses that could occur from such treatments. We ask you to do what you can so that fair treatment- even if only little due to the circumstances- are carried out.

We look forward to hearing from you regarding progress in this matter. Thank you.

Sincerely Submitted,

New Writing and Poem by Kenneth Foster/Haramia KiNassor

As I look out my window….the building looks just like death row. I can’t help but to stare at it. The building is the same. The windows are the same. Even the area surrounding it is almost identical. I can’t seem to take my eyes off the building. I watch it as if it was going to jump out the way. But it doesn’t. It’s the same concrete and steel that I’ve known for 11 years now. And as I look at this building- that looks exactly like death row- I ask myself: How are you?

The conversations between Me, My/Self and I continue, because I learned long ago that if one can’t fraternize with its own soul then they are doomed to a far worse torment than the prison system. Prisons and hells are internal as well as external. I find that I am repeatedly asking my Self- How are you? Are you ok? Are you healing? I look at myself in the mirror and I ask my Self- How traumatized are you? I’ve been tough, I’ve been strong, I’ve endured, I’ve smiled when I wanted to cry and cried when I didn’t have the slightest damn idea why. I know there are scars! I know there are issues! I can’t deny that nor suppress it. We do that enough on death row. But I’m not on death row anymore, although the “god(s)” don’t seem to want to let me forget that.

What exactly am I talking about, you might be asking? I’m talking about the building that sits RIGHT outside my window. I’m currently on McConnell Unit in Beeville, TX, but you could have fooled me. In the mid-90’s when Texas was having its prison boom it used the same blueprints to build several prisons. Therefore, the same exact blueprint that was used to make Polunsky Unit was used to build McConnell Unit. When my family walks into McConnell it’s just like walking into Polunsky. The visiting rooms are identical. The Unit’s structure is the same. So are the names of the buildings. What kind of sick game is this? I left death row and turned around and came right back to…..what looks like death row.

BUT…..I’m not on 12 building. I’m on 8 building. However, right outside my window is…..12 building. Except when I look at this building I don’t see 12 building at McConnell Unit, I see 12 building death row. I know those windows like the palms of my hands. Those windows which you can’t open. They are narrow and you can only see out. I peered through those windows for 7 years and now….they peer at me. 12 building here is for Ad Seg inmates. But, I don’t see that. When I look at this building I see Tony and Gabriel. I think of F-Pod and familiar officers. I think I smell pepper spray. My mind is playing tricks on me. I blink my eyes, but I keep looking at the building. It’s like I’m in a gotdamn trance. I’m getting upset, so I pull away.

What trauma have I endured? What’s going on with my mind? Outside I am free of death row, but inside it’s still gnawing at me. It’s like nails running across the chalk board. What good does physical liberation do if my soul is chained in an abyss?

Since I left there’s been 3 executions and 2 suicides. I wake up in a cell that looks just like my cell on Polunsky except it has 2 bunks and I have a cell mate. Nevertheless, I still expect someone I know to be going out the door with a date. When I walk to the visiting room I still can see families lined up giving their last goodbyes. It’s vivid! The rage steams through my body.
I’m not ok! I need to verbalize that. I’M NOT OK! I need to hear it coming out my mouth! In a short time I’ve been faced with some challenges here. Locations change, but oppression under TDC and the struggle doesn’t. When I got engaged in my rebellion here I thought to myself….I know they’ll retaliate. I’m sure I’ll end up in Ad Seg! Shit! Then I’ll be right back where I started. The single man recreation. The cuffs everywhere you go. The isolation. 12 building! What a sick joke that is! Could I do it again? 4 years? 6? 7? My soul grunts at the thought of it.
Down south the fog comes a lot in the morning. I rise, as always, around 7ish. I open my window and look out. 12 building is almost covered, but I can catch a light or two on shining from the building looking like the yellow eyes of the demon dog from hell. I can’t help but to think about what I left behind, what I endured and what others are still enduring today. They question if the death penalty is cruel and unusual punishment. Albert Camus said:

“Capital Punishment is the most premeditated of murders, to which no criminal’s deed, however calculated, can be compared! For there to be equivalency, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not encountered in private life.”

As a child I was scared of the dark (like most children) – too many scary movies. You always thought a monster lurked down the hall, so you’d run to turn on the light. And run back! I should have been a track star. But, to who does the death row inmate run? To God? Maybe! “Christian” politicians who cry for blood don’t give God a good name. Why is brutality made to look so good in amerika?

It seems I’m still running from the monster. These thoughts spark as I read Primo Levi’s “Survival in Auschwitz.” People wonder why we would compare death row to a concentration camp- because it’s all the same. It’s death! It’s oppression! For the many that entered- not as many would leave. And for those that survived, it was a miracle. Like those in the camps, they struggled to live one more day. They held on that….maybe today will be the day I get out. Like them, we have the same thoughts. Just one more appeal, just one more exoneration. Death rows are the Auschwitz’s of the West! Ye gods! What games do you play to torment us mortals?
Self spoke to me today. Self said that I had to toughen up, that I could not come this far and falter. Self feels my knees wobble and heart race. Self knows that I’ve been looking out the window too much. I turn to Self and remind it (in the words of Nietzsche): “Whoever fights monsters should see to it that in the process he does not become a monster. And when you look long into the abyss, the abyss also looks into you.”

I’ve been regurgitated out the whale, you see! And it seems…. That I too (like Captain Ahab) have become obsessed with the whale. Yes, I’m obsessed with its capture! I’m obsessed with its demise! I cannot sleep. My mind is unable to rest. I’ve been through a war. I suffer from everything that Vietnam and Iraq veterans do. We’ve had something stolen from us. The government doesn’t care- no thief does.

There’s no therapy for me, though. No couch! No group talks! My teachers remain buried in the history of tragic struggles. But, revolution is born of tragedy, is it not?! I have a bitter-sweet fruit to consume. I have meditations to continue: new mantras and chants to conjure up that will give me new answers filled with new strengths.

But for now, the Tango continues. What was once a very intimate dance- body to body, face to face, we now dance apart, but still our arms and eyes remain locked upon each other. Our eyes do not part. The tango is very intimate.

And so, as I search to heal, search to understand…I take another glance out the window, There’s not a smile and there’s not a tear, but there is a knowing. You can crush a rose, but its fragrance will remain. And death row- my fragrance continues. As we keep the fight going, death row, know that I’ll never accept less… I’ll give no less than everything…even if everything is less than what I was expecting… I’ll settle for nothing less.

Yes, the struggle does continue, and yes, I do remain (though crushed) the rose that won’t stop emanating from the concrete!

Straight Ahead!
Surviving…

Haramia KiNassor
2/17/08 4:24 PM

discovery
my trepid fingers
anxiously reach outside the window
formerly barred to me
allowing me to feel
real fresh air
and not the stale fabricated breeze
blowing from the vent
i cannot deny i’m nervous
wondering if i’m being watched as i reach
i can see
OUT
free of water stains and smudges
blocking my vision
the grass is so damn green
i smell it freshly cut
like when i was 16
can taste the dust
i stir in delight
as i push my fingers
as far as the bars will allow
i wiggle my digits
as if I’m shyly waving at…
freedom
i looked askance at the guard tower
and wonder if they are documenting this
it could seem
insurrectionary
but it’s too late now
i’ve become dedicated to the act
the thought
it all has absorbed back into me
those suppressed feelings
of what it’s like to
be from under the
boxes and bars
it feels foreign
new
like I’m 1 ½ on discovered legs
but like riding a bike
you never fully forget
i smile at the fence
the dirt
the road
i realize
my time has come
i close the window with confidence
coz now
it’s all within my grasp

Update on Kenneth Foster & the situation at the McConnell Unit

Hello Everyone,

Kenneth Foster asked me to update everyone on the situation at the McConnell
Unit. The last few months Kenneth and the rest of the guys in level G5 - the
most restrictive level at the McConnell Unit - have been denied recreation
time. The excuse is that they are short staffed but it is only this section of
the prison that is getting penalized. For a couple of weeks it looked like the
situation was improving but it has turned around once again and these guys are
being forced to stay in their cells for 24 hours a day for days at a time. This
is inhumane! The situation for February is as follows:

2/3: Allowed time in Day room
2/4 - 2/8: No rec (in cell for 5 straight days)
2/9: Allowed to go outside
2/10 - 2/12: No rec (in cell for 3 days)

I do not know what the situation was from February 13th up until today but will
update you when I have more information. Kenneth is up for review in the
beginning of March and there is a good chance that he will be moved out of this
level BUT even if this is the case he can not accept what they are doing to the
guys there and plans on fighting this.

We just wanted everyone to be kept up to date on what's going on.

Thanks,

Adam

Holiday Greeting from kenneth Foster aka Haramia KiNassor

I just wanted to send out a Universal Greeting to all of you and let you know that I’m thinking of you all and wishing you all a VERY Blessed Holiday Season. I’m as well as can be and am thankful to have this day to share with all of you and keep on pushing in the struggle. Regardless of what I lack here, keep in mind that your Joy is my Joy and I thrive off of that Universal connection. Keep the important things in mind around this time and focus on how to make the next year better. I know I am!

I wish you all Peace, Love, Joy, and Happiness.

My Best Regards

Kenneth!

Videos from the Kenenth Foster victory rally 8-30-2007

Part one:


Part Two:

HOW WE SAVED KENNETH FOSTER JR.

And How We CAN End the Death Penalty!

Date:	Wednesday, September 19, 2007
Time:	7:00pm - 8:30pm
Location:	UT Campus, NOA 1.126
Street:	Wichita and one block north of Dean Keaton
City/Town:	Austin, TX
	View Map

This is an open house designed for interested people to meet the folks involved in the successful struggle to save Kenneth Foster, Jr. from execution. Bring questions and ideas about how you can join with the CEDP in our ongoing fight to
stop all executions!

Speakers include Beverly Fisher (cousin of Kenneth), Kenneth Foster Sr. (Kenneth's father) and Bryan McCann (CEDP member and penpal of Kenneth)

Editors of DMN answer questions

Dallas reader wondered why our Aug. 20 coverage of convicted killer Kenneth Foster didn't mention that he was a member of a youth gang. Omitting that information, he thought, made Mr. Foster seem more innocent than he really was.

Assistant Managing Editor Mike Drago says the reporter who wrote the story found trial testimony that indicated Mr. Foster's cohorts may have been members of a gang, but there was no trial testimony that indicated Mr. Foster himself had been a member. Mr. Foster has consistently denied being in a gang. So, in a sense, fairness to Mr. Foster argued against including mention of the gang, if we couldn't explore the question fairly fully. And doing that was going to require some serious space.

Where to spend serious space is the most important question we confront on many stories. In this case, we made a lot of room for the story, and the question of Mr. Foster's motivation and intent was central to the question the story posed for our readers: Should Texas execute him because he was driving the car when someone else shot a robbery victim? (Eventually, Gov. Rick Perry decided not.)

For the sake of completeness, we could have reported the evidence on whether Mr. Foster's comrades were gang members, and his denials of gang membership, and the fact that trial testimony was silent on the question. The debate would have been inconclusive. Vagueness is usually a good reason for omitting things from stories. But in this case it might have mattered to some readers. In retrospect, I wish we had made room for it.

Read more...

A message from Kenneth Foster's attorney