Haramia KiNassor/Kenneth Foster, Jr. Transferred Clandestinely

By Walidah Imarisha

The indignities in Haramia KiNassor/Kenneth Foster, Jr.’s case climbs as
KiNassor was transferred to Huntsville Prison, aka the Walls, where the
executions take place. Death row Inmates are usually transferred to
Huntsville at noon the day of their execution. But because KiNassor has been
deemed a “security threat,” he was transferred early, without prior notice
to him or his family and supporters. In fact, it was through unofficial
channels that his family found out about the transfer; otherwise they would
have showed up at the Polunsky Unit for their last visit with him as usual.

At first, it was unclear whether or not KiNassor’s family and supporters
would be able to visit him tomorrow, but his father received a call from the
administration saying they would be allowed to visit at Huntsville, which is
45 miles from Livingston, where everyone is staying. Visiting starts at 8
am.

This clandestine transfer comes at a time when KiNassor’s supporters are
still awaiting word back from the Board of Pardons and Paroles (He also
still has an emergency appeal before the U.S. Supreme Court). It was
originally thought a positive sign that they had not responded. Usually, the
Board summarily denies an appeal by 1 p.m. The fact that they chose not to
give a response today, and to wait until tomorrow, was taken to mean they
were intensely discussing this situation.

But in light of this transfer, there is a new theory: that perhaps the Board
of Pardons and Paroles has not responded to delay the response of KiNassor’s
supporters, both inside and outside the walls.

The DRIVE Movement, which KiNassor helped to found, is an organization of
death row inmates who engage in non violent civil disobedience to protest
the inhumanity of the death penalty. KiNassor is one of the spokespeople and
prison authorities are apparently very nervous that the execution of an
innocent man who has organized so tirelessly against the death penalty will
spark a protest in the prison they will not be able to control.

At this point, the officials’ motivations are all speculation.

What is known is that the same day KiNassor was being called a “security
threat” and transferred to Huntsville, 16 Texas state representatives
encouraged Governor Rick Perry, collectively and individually, to grant him
clemency. They joined the ranks of thousands of people around the globe
calling for KiNassor’s clemency, including South African Archbishop Desmond
Tutu and Former U.S. President Jimmy Carter.

What is also known is that KiNassor’s death is scheduled to be the third one
this week. First was Deroyce Mosley, with John Amador being executed today
at 6:20 p.m.

KiNassor’s supporters are asking everyone to act now, to organize all out
right now without waiting for a response as the hours slip away, and
pressure Governor Perry for a stay. Perry has the power to veto the Board of
Pardons and Paroles’ decision, regardless of what it is.

Perry’s contact information is:
Gov. Rick Perry:
Phone (512) 463-1782
Fax (512) 463-1849

Protests
Austin, Thursday, August 30, 5:00 PM, Governor's Mansion (Lavaca at
11th)?EXECUTION PROTEST AND VIGIL?Even in the eleventh hour things could
turn for Kenneth. If you can't make it to Huntsville, come out to stand
with others against the execution.

Thursday, August 30:
3pm-7pm: Protest the execution of Kenneth Foster Jr .outside the Ellis Unit
in Huntsville Texas. Groups from all over the state will converge to stand
against this injustice and demand until the very end that the State of Texas
do the right thing and stop this execution.

An Archbishop Speaks Out on Kenneth Foster's Case

Roman Catholic Archbishop Daniel N. DiNardo has called for Kenneth Foster's death sentence to be commuted. An excerpt:

On behalf of the Archdiocese of Galveston-Houston, I urge you to recommend clemency for Kenneth Foster who is scheduled to be executed on August 30, 2007.
Although Mr. Foster did not murder, intend to murder, or know that a murder was to take place, he was sentenced to death under the "law of parties" for the
murder of Michael LaHood. I have tremendous sympathy for the family of Mr. LaHood and in no way wish to downplay the suffering they have endured as a result of his death. But my faith tradition also compels me to ask for mercy for Kenneth Foster.

The Catholic Church fully believes that those who commit terrible, violent crimes must be incarcerated, both as just punishment and in order to protect
society. We stand in solidarity with victims and their loved ones. However, when it
comes to matters of life and death, morality and common sense call for justice, mercy, and for careful safeguards.

In the parable of the Good Samaritan, Jesus teaches that a true neighbor is one who
shows mercy (Luke 10:37). Showing mercy does not mean neglecting to administer justice or punish people for their crimes. Showing mercy does mean exhibiting compassion toward all of our brothers and sisters, and providing them with an opportunity for atonement and rehabilitation. The facts of Kenneth Foster's case clearly provide an opportunity to extend
clemency, in order to show mercy.

Sen. Kirk Watson responds

My friend Krista Cole just received this letter from her representative in the Texas Legislature. He mentions "our State's problem with the use of Capital Punishment." It seems that the criticism of Texas around the world is starting to influence the legislature.

Dear Krista,

Thank you for writing to me regarding the scheduled
execution of Kenneth Foster. I appreciate that you
have taken the time to share your views with me.

As you know, Kenneth Foster is scheduled to be
executed tomorrow. The Board of Pardons and Paroles
is set to review his case today, and Governor Perry will have the opportunity to consider taking action to save Mr. Foster's life tomorrow.

I have received many letters and phone calls requesting that I do what I can to stay the execution of Mr. Foster. As a State Senator, while I have no
direct authority over the individual decisions of the Board of Pardons and Paroles, and I have expressed my opinion to the Governor. I have been in contact with
the Governor's office, and I have had the opportunity to express concern about the scheduled execution of Mr. Foster.

Our state's use of capital punishment is an issue that concerns me very much. Since my first job after law school when I worked as a clerk for a federal judge, I
have worked to ensure that our justice system produces fair and just results. I hope you will be pleased to know that I am using the time I have during the
upcoming months to carefully study how capital convictions are reached Texas. I plan to work with advocacy groups and my colleagues in the Senate on
legislation during the next session to improve our system. I know a lot of progress has been made over the years, but there is still more that needs to be
done. I look forward to the opportunity I have in the State Senate to work for improvements.

Thank you for taking the time to write. Please do not hesitate to contact me if I can ever be of assistance.

Sincerely,

Kirk Watson

City of Rome supports kenneth Foster

Italian authorities have announced that they will light the Coloseum in Rome tomorrow night in support of stopping Kenneth Foster's execution. The lighting will begin around 2 PM Texas time.

Tomorrow's Execution

Tomorrow I will be traveling to Huntsville, Texas protesting the state murder of Kenneth Foster. I will try to do some audio blogging during the day, including some interviews with the protesters and Kenneth's family members. Just come back to this blog for updates. By this weekend I will have some video footage of the Huntsville protest posted online.

In the meanwhile check out Capital Defense Weekly for Kenneth Foster updates (BPP decision) and other death penalty related court cases. Capital Defense Weekly should be a most read for all hardcore legal junkies.

BPP did NOT make a decsion on Kenneth Foster

Taken from TMN blog:

The Texas Board of Pardons and Paroles did NOT make a decision today on the case of Kenneth Foster, Jr. There was a crowd of about 75 people who had gathered at the governor's mansion in Austin waiting on the decision, but it never came. Now, we expect a decision tomorrow. We do not know what the reason is for the delay, but it is not really the best way to conduct a decision about an execution when the governor will have much less than 24 hours to consider whatever the board recommends. In fact, the governor should go ahead and issue a 30-day stay because of the BPP's failure to give him 24 hours to make a decision.

In the meantime, everyone should continue to contact the board of pardons and paroles and the governor tonight and tomorrow by phone, fax or email.

Another stain on justice, Texas style

Thats title of a last minute editorial by the Austin American-Statesman calling on Governor. Perry and the Board of Pardons and Parole to "spare a life, uphold justice and bring a semblance of honor to Texas this week..."

Gov. Rick Perry can spare a life, uphold justice and bring a semblance of honor to Texas this week, if only he will seize the opportunity.

Perry has the power to stop the execution of death row inmate Kenneth Foster, scheduled to die Thursday for a crime everyone acknowledges that he did not commit. The state's Board of Pardons and Paroles also can halt the execution.

Foster, 30, is not the sweetheart anti-death penalty activists insist he is. He was a thug, armed robber and drug dealer in San Antonio. But he did not commit the murder that put him on death row.

Foster was driving the car with three criminal friends on a robbery spree the night Michael LaHood, 25, was shot and killed in 1996. One of Foster's passengers, Mauriceo Brown, shot LaHood in the face during an attempted robbery. Brown was executed for that crime last year.

Foster was convicted under Texas' Law of Parties statute that considers those who had a major role in a capital crime as guilty as the actual killer. Texas is the only state that applies the Law of Parties to capital crimes, and an estimated 80 death row inmates have been condemned to die under that statute.

Foster and the others in the car with him say Foster had no idea Brown would kill LaHood. But prosecutors and a jury said Foster should have known that Brown intended to shoot LaHood and should have prevented it.

The inescapable problem with the Law of Parties is that a jury has to go back in time and read the defendant's mind, guess at his intention. The sentence is based on what the jury believed Foster was thinking when the crime occurred. No one's life should hinge on guesswork by jurors.

A federal district judge overturned the death sentence in 2005 after determining that Foster didn't play a major role in the conspiracy to rob LaHood. But the 5th U.S. Circuit Court of Appeals reversed the district court and reinstated the death sentence in 2006. The U.S. Supreme Court refused to hear Foster's appeal.

So now it's up to Perry or the Board of Pardons and Paroles to do the right thing and spare Foster's life by granting him a reprieve. It's the only just thing to do. If the governor or parole board allows this execution, Texas will be further stained by injustice.

Since the death penalty was reinstated by the Supreme Court in 1976, Texas has executed 400 people, far more than any other state. That's more than a third of all the 1,100 executions in the United States in that same period.

Everyone can sympathize with LaHood's family and share their grief at their loss. But granting Foster a reprieve in no way endangers this state's embrace of the death penalty or threatens to turn a cold-blooded killer loose on the streets.

It only assures that one man is not put to death for a crime committed by someone else. It's simple justice.

Kenneth Foster update

We are expecting a decision from Board of Pardons and Parole regarding Kenneth Foster anytime now.

Democracy Now is reporting that former President Jimmy Carter and South African archbishop Desmond Tutu have urged Texas to stop Thursday's scheduled execution of death row prisoner Kenneth Foster. Meanwhile Dissident Voice is reporting that Rep. Charlie Rangel has shut the door on Kenneth Foster.

They didn’t want to let us up at first, but at last Rangel’s policy advisor came down to meet our community delegation. He sat us around a cafeteria table, and explained to us that Rangel was a very busy man, that he hadn’t read the letter and that we hadn’t gotten it to him in time. He explained that whether we liked it or not, Kenneth had been convicted by a real law in Texas, and that Rangel had to be careful what he said about that. He seemed to have forgotten that the fight for racial justice in the US meant overturning “real” laws like slavery and Jim Crow. Unjust laws are made to be broken. Rangel, the man said, had a pile of papers on his desk. This representative of our elected official sat at a table with those who’d been railroaded by the criminal injustice system and had their lives destroyed by it and told them that Kenneth’s case was not urgent enough.

Court TV has done some good reporting on Kenneth Foster, which includes videos, pictures from Kenneth's childhood and his poems.

"It's up to us what we let this process be. We can let it be a curse or we can let it be a blessing. And I've chose no matter what, through all the criticism, through all the doubts, through all the hate, I said I'm going to make this something positive. I'm going to make it a blessing, I'm going to go through something hard and I'm going to find something better through it, and every day that's what I've tried to make this process be."

Finally Tompaine.com has published an opinion piece by Christopher Hill, who is the Capital Punishment Project State Strategies Coordinator for the American Civil Liberties Union.

Like a number of other states, Texas’ Law of Parties establishes criminal liability for one person if he or she assists another in committing a felony. It also states that a person is responsible for the acts of another when in the attempt to conspire to commit one felony, another felony is committed. This liability exists even if a person did not commit the second felony and had no intent to commit the second felony.

Even in non-capital cases, this criminal liability is unfair. Any first year law student can tell you that a crime has two elements; the criminal intent and the criminal act. According to a principle deeply ingrained in American law, a person should be punished based both on his actions and his intent. The felony murder rule should be abandoned.

Clearly, however, in capital cases the Law of Parties makes absolutely no sense, logically or legally. It is nothing short of barbaric to execute a human being for a murder he or she did not commit and did not intend to take place.

Interview with Kenneth Foster and John Amador

Former SA Current reporter, David Maass recorded these interviews with Kenneth Foster and John "Ash" Amador on July 25, 2007.

He has donated these great raw interview files to the public domain, which means any of you indepedent producers out there (whether it be blogs, podcasts, radio, video) can feel free to chop out the bits you need and use them for whatever projects you like. In a email conservation David said, "It was my second interview with Foster, and so rather than ask him to go over his case again, I asked him to talk about the LaHood family, his daughter, and how it feels to face execution. Amador spoke about his case, what he thought convicted him, and his dreams. He also speaks about how Foster's case is far more unfair than his. They're not really meant to be listened to from start to finish ... but chopped up and listened to in bits. "

You can contact David Masss by sending an email to d.maass(at)gmail.com with any questions.

John Amador

• Full interview
• Excerpt
• News about the John Amador case

Kenneth Foster

• Full interview
• Spoken word excerpt
• News about the Kenneth Foster case

Sam Milsap's letter to Texas Board of Parons and Paroles

August 27, 2007

Texas Board of Pardons and Paroles
P. O. Box 13401
Austin, Texas 78711-3401

RE: Kenneth Foster

To the Honorable Members of the Board:

I am writing to urge you to recommend clemency in the Kenneth Foster case.
I am no wild-eyed, pointy-headed liberal. I am the former elected Bexar
County District Attorney (1983-1987); I am responsible for the prosecution of
more than a few death penalty cases all of which produced convictions and
executions.

Because you have been buried with letters from throughout the world, I will
not rehash the facts and legal problems with the case in this letter; they
are obvious. There is nothing I can say about the legal issues or evidence
that you have not already heard ad nauseam.

Fortunately, I was no longer the Bexar County District Attorney when this
horrible crime was committed. Had I been, there is every likelihood that I
would have decided to seek the death penalty against Foster because I could have
done so--and that would have been a mistake. With the benefit of 20
additional years of life experience, I now believe that no useful purpose is served
and it is morally wrong to execute a person based on nothing more than the
law of parties.

Is there no limit to our lust in this state for retribution? How many people
must we execute for this crime before justice is served? Having already
executed the shooter, what benefit results from the execution of someone who was
simply nearby and had no idea that a murder would be committed? As the
civilized world watches in amazement that a single American state has executed
400 people in the last 25 years, what does it say about us? if we're willing to
execute someone who was in the car when this horrible crime was committed?
Surely, there is a limit to what we are capable of in this state.

There are tough cases and there are easy cases. This is an easy case. If we
can't say no to execution in a case like the Kenneth Foster case, there is
no practical limit to our thirst for vengeance. I urge you to recommend that
the Governor grant clemency in this case.

Sincerely yours,

Sam D. Millsap, Jr.

LAST PUSH FOR KENNETH FOSTER: 2 EVENTS THIS WEEK

The final push is on to save Kenneth Foster, Jr. from execution on Thursday.

The Save Kenneth Foster Campaign -- a coalition of activists and Foster's extended family -- has been working to stop the execution of a man who killed no one -- who was convicted, essentially, for driving a car, for being at the wrong place at the wrong time.

The campaign has held several high profile demonstrations and other events in Austin and San Antonio. Major Texas newspapers -- including the Ft. Worth Star-Telegram, the Dallas Morning News, the Waco Tribune, the San Antonio Express News, the Austin American-Statesman, among others -- have run editorials against the execution.

The campaign has done everything in its power to bring public attention to this egregious case and to give the Board of Pardons and Parole and Governor Perry every reason to do the right thing. Kenneth and his comrades on death row are in struggle with us, refusing to comply with their own executions.

On August 29th, another death row prisoner, Joseph Amadour is scheduled to be executed. Since, the 22nd of August, Kenneth and Joseph have been fasting in protest of their scheduled executions. Come join us in this 11th hour for Kenneth Foster and all death row prisoners!

In Austin ---

Wednesday, August 29, 5:00 PM, Governor's Mansion (Lavaca at 11th)
RALLY AND PRESS CONFERENCE FOR KENNETH FOSTER,
RESPONDING TO BOARD OF PARDONS AND PAROLES' RECOMMENDATION TO GOVERNOR PERRY AND IN OPPOSITION TO THE EXECUTION OF JOSEPH AMODOUR AT 6PM.

Thursday, August 30, 5:00 PM, Governor's Mansion (Lavaca at 11th)
EXECUTION PROTEST AND VIGIL
Even in the eleventh hour things could turn for Kenneth. If you can't make it to Huntsville, come out to stand with others against the execution.

Livingston / Huntsville ---

Come out to Livingston (location of Texas’ death row) and Huntsville (location of Texas’ execution chamber) to protest in support of Kenneth Foster and of John Amador. Both men are from San Antonio and have been protesting together by refusing to comply with their executions.

Livingston, Wednesday, August 29, 1:00 - 4:00 PM
Across from the Polunsky Unit: 3825 FM 350 South, Livingston, Texas

Huntsville, Wednesday, August 29, 4:00 - 7:00 PM
Protest the execution of John Amador outside the Huntsville Unit.
815 12th St., Huntsville, Texas

Huntsville, Thursday, August 30, 3:00 - 7:00 PM
Protest the execution of Kenneth Foster Jr. outside the Huntsville Unit. Groups from all over the state will converge to stand against this injustice and demand until the very end that the State of Texas do the right thing and stop this execution.
815 12th St., Huntsville, Texas

Call 417-2241 or contact cedpaustin@gmail.com for more info.


CALL AND FAX RICK PERRY AND THE BOARD OF PARDONS AND PAROLES

The Texas Board of Pardons and Paroles will make a decision on Wednesday whether to recommend clemency for Kenneth. For Gov. Rick Perry to consider clemency for Kenneth, five of the seven members of the Texas Board of Pardons and Paroles have to recommend clemency. Call the Board of Pardons and Paroles and Gov. Rick Perry and urge them to grant clemency to Kenneth Foster Let's keep up the pressure!

Texas Board of Pardons and Paroles:
Phone (512) 406-5852
Fax (512) 467-0945

Gov. Rick Perry:
Phone (512) 463-1782
Fax (512) 463-1849

For information about the case, latest news, coverage and editorials from major national and Texas news outlets: http://savekenneth.blogspot.com

Kenneth's web site:
http://www.freekenneth.com

THIS CAMPAIGN BADLY NEEDS DONATIONS:
Send donations to:

Velocity Credit Union, P.O. Box 1089, Austin, Texas 78767
Account name: To Save Kenneth Foster
Account number: 831766.1

Boston Legal - Alan Shore Closing On Death Penalty

The following is a video clip from ABC's Boston Legal. However the 9 judges look and talk very similar to the judges currently sitting at the Texas Court of Criminal Appeals.

AMA code of ethics on capital punishment

The American Medical Association's code of ethics says that while it is an individual decision whether to support the death penalty, doctors should not participate in executions because they are members "of a profession dedicated to preserving life when there is hope of doing so."

It defines participation as:

- Any action that would directly cause the death of the condemned.

- Assisting, supervising or contributing to the ability of another person to cause the death.

- Any action that could cause an execution to be carried out.

- Monitoring vital signs.

- Attending or observing an execution as a physician.

- Offering technical advice.

- Selecting injection sites or starting intravenous lines.

- Prescribing or preparing lethal drugs or supervising their injection.

- Consulting with or supervising the lethal injection team.

AMA members who violate the ethics code can have their membership revoked.

Source: The American Medical Association

Governor Perry Greeted By Kenneth Foster Execution Protestors At Church Today

KLBJ Newsroom

A group hoping to change Governor Rick Perry's mind about an execution, met him at his Tarrytown church today. Ariel Kay with 'We The People' says Kenneth Foster should not be executed for driving a car during a botched robbery in 1997. Kay says Foster was sentenced to death under the Law of Parties - because he was present during a crime, he was just as guilty as the person who actually committed the crime. Fosters' family is participating in today's protest. He is scheduled for execution by lethal injection August 30th.

last modified: 8/26/2007 10:40:56 AM

Executing this man is bloodlust, not justice

Thats title of the opinion piece by San Marcos attorney Lamar Hankins against execution of Kenneth Foster on today's Waco Tribune.

You might have missed the story. After all, the football season is starting, and we had all the excitement of a tax-free weekend.

But Texas is about to execute an innocent man, that is, a man who killed no one, who did not want to kill anyone, who did not help kill anyone.

On these points, there is unanimous agreement between all the parties involved. How could this happen in Texas?

Kenneth Foster is scheduled to be put to death by lethal injection Thursday for a murder committed by Mauriceo Brown, a friend of Foster who was executed for murder last year.

The incident in question is the murder of Michael LaHood. In an altercation, Brown pulled a gun and shot LaHood. Brown testified that LaHood had drawn a gun on him first. Whatever happened, it is undisputed that Foster sat in the car 80 feet away from the shooting.

There is no evidence that Foster had felonious intent. When he heard the shot, he started to drive off before Brown got back in the car, a fact kept from the jury.

Part of what got Foster charged with capital murder is a legal concept known as “the law of parties.”

In Texas, a person is responsible for the criminal conduct of another if he intentionally assists the other in committing a crime. If a second crime is committed, and it can be anticipated, he can be held criminally responsible for that crime, as well.

Problematic law

Nearly thirty years ago, I was appointed to represent a capital murder defendant in Brazos County where the “law of parties” was involved.

In that case, my client agreed with another person to do physical harm to the victim and the victim died as a result.

Even though there was no direct evidence that my client intended the death of the victim, his conduct fit clearly within the “law of parties.”

This is not the case with Kenneth Foster. Foster was merely present in the vicinity of the murder, not a participant in it in any way except that he was driving the car in which the killer, Brown, left the scene.

It should surprise no one who keeps up with such cases that Foster is a black man accused of killing a white man, a factor in many capital murder cases. Michael LaHood was the son of a well-known attorney in San Antonio. The LaHood family, through the media, made it known it wanted the guilty parties executed.

The prosecuting attorney withheld evidence that would have supported Brown’s testimony that LaHood was armed and that Brown shot him in self-defense.

Foster was tried with Brown, a decision by the judge and prosecutor that prejudiced Foster’s chance to receive a fair trial. Foster’s court-appointed attorney made no inquiries into Foster’s background. Had he done so, he would have found many factors that would have mitigated against sentencing him to death by lethal injection.

Proponents of capital punishment argue that we need this punishment for those who are the worst of the worse; for those who commit murder under the most cold and heinous circumstances; for the irretrievably lost among us. None of these conditions comes close to describing Kenneth Foster.

This case is not about revenge against Kenneth Foster because Foster didn’t kill Michael LaHood, nor did he even want to kill him. It is about blood lust.

Whether the proponents of capital punishment take refuge in Scripture or their general outrage at crime, their hands will be covered with the blood of Kenneth Foster if this travesty of justice is not stopped.

Dallas Morning News Come Out in Favor of Kenneth

Today another Texas paper, Dallas Morning News came in support of Kenneth Foster.

Kenneth Foster was a robber. He was a drug user. He was a teenager making very bad decisions.

He is not an innocent man.

But Mr. Foster is not a killer.

Still, the State of Texas plans to put him to death Thursday.

Ours is the only state in the country to apply the "law of parties" to capital cases, allowing accomplices to pay the ultimate penalty for a murder committed by another. Mr. Foster was driving his grandfather's rental car when one of his partners in crime killed Michael LaHood.

That night in 1996, Mr. Foster and three of his buddies appeared to be looking for trouble. They robbed a few folks, chugged some beers and smoked marijuana. But, as all four have testified, murder was never part of the plan. Mr. Foster and two others sat in the car nearly 90 feet away when the fatal shot was fired.

They had followed an attractive woman into an unfamiliar neighborhood, where they encountered her boyfriend, Mr. LaHood. The other passengers have testified that they had no designs on robbing – let alone shooting – him. And the admitted triggerman said that his friends did not know what he was doing when he approached the victim.

But using the law of parties, prosecutors argued that Mr. Foster, who was 19 at the time, either intended to kill or "should have anticipated" a murder. For this lack of foresight, he has been sentenced to death.

The death penalty, proponents argue, is the appropriate punishment for the worst of the worst criminals. They express confidence that death row inmates are guilty beyond a reasonable doubt.

But the case against Mr. Foster falls far short on both counts.

A 19-year-old robber/getaway driver cannot be classified as one of Texas' most dangerous, murderous criminals. On this point, even prosecutors agree: Mr. Foster did not kill anyone.

By applying the law of parties to this capital case, prosecutors are asking jurors to speculate on whether he should have anticipated the murder. Conjecture isn't nearly good enough when a defendant's life is on the line.

And relying on a mind-reading jury leaves plenty of room for reasonable doubt.

Several other states have imposed or are considering a moratorium on executions, relying instead on life without parole as a tough alternative. Even though Texas juries now have the option of life without parole, our state continues to broadly impose capital punishment.

The unfair application of the death penalty and the possibility that an innocent man could be executed compelled this newspaper to voice opposition to capital punishment. This case only reinforces our belief that state-sanctioned death is often arbitrary.

While Mr. Foster's execution date approaches, the two passengers from his car sit in prison with life sentences. His only hope for a reprieve lies with the Texas Board of Pardons and Paroles and the governor.

This case raises serious questions about whether state leaders are comfortable with this degree of ambiguity in death cases. We aren't.

Mr. Foster is a criminal. But he should not be put to death for a murder committed by someone else.

WHAT YOU CAN DO

Texas is the only state that applies the "law of parties" to capital cases, allowing accomplices who "should have anticipated" a murder to receive the death penalty. Kenneth Foster is scheduled to die Thursday under this provision. You can urge the governor to stop the execution.

Write the governor:
Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

E-mail the governor through his Web site:
www.governor.state.tx.us/contact

Call the governor's opinion hotline:
1-800-252-9600

Video of civil disobedience at the governor's mansion

About 200 members of Kenneth Foster's family, friends, and supporters rallied on Tuesday in Austin to demand that Governor Rick Perry hear the Foster family's pleas for clemency.

In a dramatic turn, six activists sat down to block the gates of the Governor's mansion in a physical demonstration of solidarity with Foster's non-cooperation with the criminal justice system. In June 2000, a dozen activists were arrested during a similar protest of the execution of Gary Graham (a.k.a. Shaka Sankofa). In the face of the State's unwillingness to engage the Foster family and other supporters, the crowd spread out across the street, blocking traffic for forty-five minutes

Texas' 400th execution

Yesterday I joined the Death Penalty Abolition Movement in Houston protesting execution of Ray Conner at the Old Hanging Tree. Here is what Houston Chronicle has to say. They also have posted a short video from the protest online.

The execution was the 400th in the nation's most active death penalty state since the U.S. Supreme Court allowed capital punishment to resume in 1976. Texas resumed carrying out executions six years later.

Conner asked for forgiveness repeatedly and expressed love to his family and his victim's family, who watched him through windows in the death chamber. Before he began he speaking, he asked the warden his name, for permission to speak longer than the usual two to three minutes allotted and to have his victim's daughter pointed out to him.

He specifically asked one of his victims' relatives to look at him, but she didn't and remained turned to the side with her hands clasped in prayer.

"This is destiny. This is life. This is something Allah wants me to do," he said in his lengthy statement.

"I want you to understand," he said. "I'm not mad at you. When I get to the gates of heaven I'm going to be waiting for you. Please forgive me."

"What is happening to me is unjust and the system is broken," Conner said.

He was pronounced dead at 6:20 p.m., eight minutes after the lethal drugs began to flow.

Letters from Death-Row

We received the following message from Kenneth announcing that he and John Joe Amador will protest their executions starting tomorrow, August 22.

Like Kenneth, John is from Bexar County. He is scheduled to be executed on August 29.

In the name of Human Rights; all religious doctrines of Peace, Love and Forgiveness; and in the vision of reform and atonement, on the above said date myself (Kenneth E. Foster Jr.) and John Joe Amador have committed to a protest of passive non-participation in our executions. Together we have decided to go on a spiritual missin to oppose our systematic executions in the hopes to open the eyes of people that think this horrific process is ok.

Starting on the 22nd we will engage in passive non-participation in this process in the same fashion that civil rights fighters stood down the cruel and inhumane treatments of their time. We are here to say that we do not condone violence and will not promote it. We recognize that violence will not solve our problems, just like executions do not help our society. We are committed to peace and grassroots activism. We are not doing this for ourselves, but for YOU, the people, to demonstrate to you that we do not agree with this process. We do this for YOU, the people, to show that we are new men today and that we must stand down the death penalty. We seek to harm no person and we will not. We pray to compel this society to look at the death penalty in a new light.

Starting on the 23rd we will begin refusing all food. We will not eat any more meals served to us. Our only nourishment will be liquids.

Bexar County had lined up two San Antonio executions in a row - John Amador's for the 29th and mine for the 30th. While my case is known, Mr. Amador's is not. I will give Mr. Amador the opportunity to write his own words regarding the injustices that he has faced at the hands of Bexar County. Since I have a visual plight I am here to say that the State is wrong in its desire to kill me. If I was as equally guilty as the 2 other men in the car, and these 2 men are not on death row, then I should not be either. This is an obvious injustice and railroad.

As we enter into being 7 days away from our execution we will be placed in cells that have video cameras where we can be observed 24-7. We cannot condone this invasion. We cannot participate in the way our humanity is being stripped. While we are NOT indifferent to the victims, we are also not indifferent to the fact that we are still human beings. But for a country that professes it wants a good society it's hard to acknowledge that when the prison population is 2 million and rising and the conditions are left horrific. So what is really the purpose of the Penal system? We also ask you to think about this - in any other country when people are lined up and slaughtered it's called genocide. They said Sadaam Hussein committed mass Genocide. It has happened in Darfur and Rwanda and Presidents of Cuba and North Korea have been accused of it. But when America does it it is called justice? Texas will surpass 400 murders this year. It we are to be unjustly taken then we do not want to go silently. We will not walk to our executions and we will not eat last meals. We will not give this process a humane face.

We ask all of you to stand for human rights. We are men that are dedicated to change and betterment. We are dedicated to give atonement to the system and society. Who of us will be left to guide the lost? We sacrifice this for society, not for us, because death row is a cancer in the body of this country. Our actions are antibodies to oppose this atrocious disease.

I, as a DRIVE representer, stand in the name of a better day. We will be on a DRIVE and we do it with prayers, love and understand - even for those that hate us. We don't have them and we don't hate the TDC officers that will usher us to our murders. Reports have said that Governor Perry is doing the will of the people. So, we come to you, the people, to relook at this process.

For those that have read about my case you now see how arbitrary capital punishment can be. AS long as it exists these things WILL continue to happen. Why? Because human beings are fallible. Many people want us to be the men we was 10 years ago. But we're not. We could point fingers and talk about scams and corruption going on. We can talk about the ENRON's and the Scooter Libby's, the Guantanamo Bay's and Abu Ghraib's. But we won't because we know you know that these things exist. We will only point our fingers up.....up.....and say that WE MUST GET UP. We must get up the way the CEDP has gotten up and made a movement. We must get up like these medias, politicians and even friends to the victims have gotten up. Some of us see a new way. It is possible.

And so, on August 22nd we commit ourselves to something that is beyond us. Perhaps we are just tools for a greater purpose.

We will not lift a finger to another person. We will only lift our voices and spirits. We will allow YOU, the people, to be the force that must be reckoned with.

We close this Directive in the words of Martin Luther King Jr.:

"Civilization and violence are antithetical concepts. Through violence you may murder a murderer, but you can't murder murder. Through violence you may murder a liar, but you can't establish truth. Through violence you may murder a hater, but you can't murder hate. Darkness cannot put out darkness, only light can do that."

Let's shine to the world.

In struggle,

Kenneth E. Foster Jr. & John Joe Amador"

DRIVE Movement
http://drivemovement.org

Live blogging from the Governor's Mansion

7:00 PM Hundreds of protesters have arrived at the Governor's Mansion demanding Governor Rick Perry to stop execution of Kenneth Foster.

7:10 PM Half of the Lavaca street is filled with protesters.

7:15 PM People have blocked Lava street. If you are in Austin area you should come and check it out. Its an amazing scene!

7:20 PM About 10 APD and DPS police cars have arrived. No arrests yet.

7:30 PM APD cars have blocked the street from both sides with people inside.

7:45 PM About 10 people are sitting in front of the entrance gate to the governor's mansion, probably planning a civil disobedience. However it seems that the governor and DPS have decided to don't arrest anybody in order to avoid media attention.

Lethal Drugs: Divesting from Texas

Texas Moratorium Network's blog has posted English version of an article published by Norwatch. The article addresses the Norwegian Oil Funds investment in companies that produce the lethal drugs used in executions. Later, Norway's leading television station, NRK, picked up the issue and ran it as the lead story on the evening news. As According to TMN:

The Texas government also agrees that divestment is a legitimate means of
affecting policy change in foreign countries. During the last session of the
Texas Legislature, Governor Perry signed into law SB
247, which places restrictions on the ability of public retirement systems
in the state of Texas to invest in companies that are beneficial to the Sudanese
government and are indirectly facilitating the genocide occurring in Sudan. The
bill restricts the public retirement systems in the state of Texas from doing
business with certain companies associated with the Sudanese government. In the
Texas House it passed 146 in favor, 0 opposed, 1 Present, not voting. In the
Texas Senate it passed with 29 in favor and zero opposed. If Texas can divest
from companies doing business in a country because of human rights violations,
then another country, such as Norway, could place such restrictions on companies
doing business in Texas or facilitating human rights violations in Texas, based
on Norway's human rights norms.

Norwatch has listed four companies that produce the drugs used in the lethal injection process:

Hospira Inc., USA, was separated from Abbott Laboratories in
2004. Hospira retained the production of a series of pharmaceuticals, including
sodium thiopental (Pentothal®), to which Abbott had exclusive rights. The
company produces all of the three drugs sodium thiopental (Pentothal®),
pancuronium bromide, and potassium chloride. (The Pension Fund has invested 6,2
million euros in the company’s shares and 4,4 million euros in bonds.)• The

Teva Pharmaceutical Industries Ltd, Israel, bought in January 2004
Sicor Pharmaceutical, previously Gensia Sicor Pharmaceuticals, Inc., which
produces pancuronium bromide. (The Pension Fund has 22 million euros in shares,
no bonds.)

Baxter International, USA, makes potassium chloride. (The Pension Fund has 53,4 million euros in shares and 13,3 million euros in bonds.)

Cardinal Health, USA, distributes potassium chloride injections produced by Baxter and pancuronium bromide injections produced by Sicor/Teva. (The Pension Fund has 83,8 million euros in shares and 15,2 million euros in bonds.)Consequently, the Pension Fund has altogether invested 194 million euros in these four companies, of which 165,4 million euros is in shares and 329,5 million in bonds.In addition, the Pension Fund has share investments in the distributor AmerisourceBergen (USA) and in the producer Wyeth (USA) of, respectively, 7,1 million euros and 194 million euros, but Norwatch has not received answers as to whether they still distribute or
produce the pharmaceutical substances in question.

Baxter International has published a response to Norwatch's article on their website:

For more than 70 years, Baxter has dedicated itself to saving people's lives. We
do this by offering products and services that help treat people with some of
the most challenging medical conditions, including cancer, hemophilia, immune
deficiencies, infectious diseases, kidney disease and trauma. Use of our
products to end lives contradicts everything we're in business to do - provide
life-saving therapies.

Baxter markets products such as pancuronium
bromide and potassium chloride for very important and legitimate medical uses.
These products have been used safely and effectively for decades. Pancuronium
bromide is commonly used with anesthesia to keep patients from moving during
surgery and to keep critically ill patients who are receiving ventilation during
recovery more comfortable. Potassium is a critical element to the normal
functioning of our body, and along with sodium, is present in all cells
throughout our body and important for proper functioning. There are several
disease states where potassium is lost inappropriately from the body through
excretion in the urine and therefore it is important that potassium be replaced
to correct these deficiencies. Clearly, use of these products like these to
carry out the death penalty in our nation's prisons falls outside the use and
dosage approved by the U.S. Food and Drug Administration. Addressing the complex
issue of capital punishment by withdrawing these products from the market,
however, would adversely affect the millions of patients each year who need
these products.

Baxter does not control the application of these
products, which are widely used and available through many sources, not just
directly through Baxter. Our products are sold through a variety of channels,
including wholesalers and distributors, buying groups, and hospitals, who then
make the product available to the end-user. We focus our efforts on actively
educating licensed medical professionals about the use of our products, as
approved by regulatory authorities and described in the product label and
package insert. Nevertheless, it remains lawful, as well as standard medical
practice, for health care providers to administer products for uses that are not
approved.

While we cannot control how our products are
administered, it is our intent that our products be used in a safe and
appropriate manner.

Are words dangerous?

Thats the title of Dave Zirin's great column on last Sunday's Star-Telegram:

By DAVE ZIRIN
Special to the Star-Telegram

Who knew sports history could strike fear in the most fearsome prison system in the United States? But what other explanation could there be for the fact that the history of "America's Pastime" is being denied to Texas Death Row prisoner Kenneth Foster Jr.?

Kenneth's case has garnered international attention because both prosecution and defense agree that he was 80 feet away from the murder of Michael LaHood. Earlier in the evening, he had been driving the man who pulled the trigger, Maurecio Brown. In Texas, that's enough to land him on Death Row.
Foster and I began to exchange letters on sports and politics after he read my book Welcome to the Terrordome.

"I have never had the opportunity to view sports in this way," he wrote. "And as I went through these revelations I began to have epiphanies about the way sports have a similar existence in prison. The similarities shook me .... Facing execution, the only thing that I began to get obsessive about was how to get heard and be free, and as the saying goes -- you can't serve 2 gods. Sports, as you know, becomes a way of life. You monitor it, you almost come to breathe it. Sports becomes a way of life in prison, because it becomes a way of survival. For men that don't have family or friends to help them financially ...it becomes a way to occupy your time. That's another sad story in itself, but it's the root to many men's obsession with sports."

It didn't matter whether he was on Death Row or Park Avenue -- I felt smarter having read his words. But even more satisfying was the thought that thinking about sports took his mind -- for a moment -- away from his imminent death, the 11-year-old daughter he will never touch again and the words he will never write.

I thought that sending him my first book, What's My Name Fool?: Sports and Resistance in the U.S., would be a good follow-up -- but here is where the Texas Department of Corrections got its briefs in a bunch.

A form titled "Texas Dept of Criminal Justice, Publication review/denial notification" issued to Kenneth on Aug. 9 says that What's My Name Fool? was banned from the row: "It contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes or riots."

It specifically said that Pages 44 and 55 met this criteria.

After lifting my jaw off the ground, I went to read those dangerous pages.
On Page 44, the radioactive quote in question was from that seditious revolutionary Jackie Robinson -- you know, the guy whose number is retired by all of Major League Baseball. I quoted Robinson's autobiography, I Never Had It Made, when he wrote about suffering racism early in his rookie season:

"I felt tortured and I tried to just play ball and ignore the insults. But it was really getting to me. ... For one wild and rage-crazed moment I thought, 'To hell with Mr. Rickey's "noble experiment." ... To hell with the image of the patient black freak I was supposed to create.' I could throw down my bat, stride over to that Phillies dugout, grab one of those white sons of [expletive] and smash his teeth in with my despised black fist. Then I could walk away from it all."

On Page 55, the offensive passage was about Jack Johnson's defeat of the "Great White Hope," Jim Jeffries. It read:

"Johnson was faster, stronger and smarter than Jeffries. He knocked Jeffries out with ease.

"After Johnson's victory, there were race riots around the country -- in Illinois, Missouri, New York, Ohio, Pennsylvania, Colorado, Texas and Washington, D.C. Most of the riots consisted of white lynch mobs attacking Blacks, and Blacks fighting back. This reaction to a boxing match was one of the most widespread racial uprisings in the U.S. until the 1968 assassination of civil rights leader Dr. Martin Luther King, Jr."

Let's forget about the fact that there is something bizarre -- almost comical -- about Texas prison authorities believing that a sports history could lead to "the breakdown of prisons through offender disruption such as strikes or riots."

Let's forget that they are denying a man reading material in his last hours.

There is something repugnant about the fact that they think a book -- any book -- would be the source of resistance, rather than the reality that 159 people have been executed since Gov. Rick Perry took office in 2001, or the fact that the people on Death Row have no civil rights, no access to radio, television or even arts and crafts.
It reminds me of the words of Carl Oglesby of the 1960s group Students for a Democratic Society: "It isn't the rebels who cause the troubles of the world, it's the troubles that cause the rebels."

The officials' fear that ideas -- even the ideas of sports history -- could cause a crisis in the Texas prisons reveals only how aware the Lone Star jailers are of how inhumanely they treat their prisoners.

There was a time in Texas when it was illegal to teach slaves to read. The fear was that ideas could turn anger often directed inward into action against those with their boots on black necks. It is perhaps the most fitting possible tribute to Jackie Robinson and Jack Johnson that their stories still strike fear into the hearts of those wearing the boots.

Dave Zirin of Washington, D.C., is the author of the book Welcome to the Terrordome.

Picture: Brooklyn Dodgers infielder Jackie Robinson swings at Ebbets Field in New York in 1951.

EU urges Texas to halt executions

08/21/2007
Associated Press

The European Union on Tuesday urged the governor of Texas to halt executions and introduce a moratorium on capital punishment in the United States' busiest death penalty state.

In an unusual direct appeal, the EU said Texas Gov. Rick Perry must "exercise all powers vested in his office" to halt the impending 400th execution since Texas resumed carrying out death sentences in 1982. The execution of Johnny Ray Conner is scheduled for this week. He is to die for the shooting death of a Houston grocery store owner during an attempted holdup in 1998,

"The European Union notes with great regret the upcoming execution in the State of Texas," the bloc said in a statement. The death penalty is banned in the 27-nation EU, which also fights for its the global abolition.

"The irreversibility of the punishment means that miscarriages of justice - which are inevitable in all legal systems - cannot be redressed," the EU said in a statement.

Kenneth Foster Youtube campaign update

We are asking everyone who has a webcam to record a statement and upload it to YouTube saying why Texas Governor Rick Perry and the Texas Board of Pardons and Paroles should stop the execution of Kenneth Foster on August 30, 2007. We hope people who make video statements will also send an email to Perry with a written message and a link to the video.

We believe this is the first time someone has used a video petition to stop an execution. So please post your video and be part of history.

Here is recent video posted by Clark from North Carolina:

Youtube petition campaign to save Kenneth Foster

Crazy Texas proves its worthlessness once again

Thats the title of a letter to the Editor published by The Herald-Argus:

Nobody likes Texas. Or, nobody should like Texas. Has there been anything worth merit to come from this backward state?

The most recent abhorrent decision made by these crazy folks is the execution of one Kenneth Foster (or, scheduled to be). Who is innocent of murder. As determined by the court. But guilty of murder. As determined by the "Law of Parties." This insane law states that if person A commits a crime, and person B is with him, even if B was unaware of what was happening, B is guilty of the same felony.

In this case, murder.

Foster was driving a car with Mauriceo Brown. Brown left the car, and ended up killing Michael LaHood. A crime which no one argued. Brown, before his execution, exonerated Foster of having any knowledge of the crime, and even stated that the crime itself was not premeditated.

But, since Texas is full of a bunch of crazy people, Foster is scheduled to be executed later this month.

Good game, Texas.

I vote we just give the cesspool back to Mexico.

AARON MILLER

La Porte

Kenneth Foster on ESPN

Finally a Kenneth Foster support coalition called Jucks For Justice is getting some media attention. The following article is from ESPN's website. There is also a possible coverage on HBO's Real Sports in the coming weeks. Here is a 45 minute interview between Kenneth and KXAN from death-row. Even News4WOAI has some coverage too.

What do you do when you read a story about a man in The New York Times who is wrongly accused of a crime?

The man is a former boxer. It's like "Hurricane" Carter all over again. Someone else reads that same story. That person is a friend of yours. But unlike you, he decides to do something about it.

"I read Gary Tyler's story and felt that I had to do something, I just couldn't sit on my ass and watch this man continue to serve time for something that he didn't do," author Dave Zirin told me. "So I started Jocks 4 Justice."

He set up an organization built to right the wrongs of the justice system and provide support from athletes for causes that often go overlooked and unheard. It's social consciousness of athletics without the politics. It builds public awareness and provides support for those who are in dire need, such as the cases of Tyler, and most recently Kenneth Foster Jr., who is scheduled to be executed Aug. 30 in Texas for a murder he didn't commit. Even though prosecutors know Foster didn't commit the murder, as an accomplice he's subject to the same sentence as if he had pulled the trigger under Texas law. Although Foster isn't an athlete or former athlete, J4J still feels the need to have a voice in his case.

The names that appear on J4J petitions fighting for justice? Tommie Smith, 1968 Olympic gold medalist; John Carlos, 1968 Olympic bronze medalist; Lee Evans, Olympic gold medalist; Rubin "Hurricane" Carter, boxer and author of "The 16th Round"; Etan Thomas, Washington Wizards center and author of "More Than an Athlete"; Jim Bouton, former New York Yankees pitcher and author of "Ball Four"; Eddie Mustafa Muhammad, former WBA light heavyweight champion and head of Joint Action for Boxers; David Meggyesy, former NFL linebacker and retired Western Regional Director, NFL Players Association; Jeff "Snowman" Monson, Ultimate Fighting Championship fighter; Toni Smith, former member of Manhattanville College women's basketball team; Dr. Phil Shinnick, member of the 1964 U.S. Olympic team; Bill "Spaceman" Lee, former Boston Red Sox pitcher and author of "The Wrong Stuff"; and others. And it's growing.

"Athletes have a voice," Zirin says. "But it's almost as if they have been conditioned not to use it. I wanted to provide something where collectively they would be able to speak and make significant change at the same time."

So what do you do when your friend asks for your signature?

You sign.

Kenneth Foster performs "Lone Star State"

This performance of his poetry was recorded on July 25, 2007 at the Polunsky Unit in Livington Texas by David Maass. To listen click on play.

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).

...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...

Jeremy Irons

Actor Jeremy Irons outlines arguments against capital punishment in a clip to support Amnesty International's campaign against the death penalty.

Don’t conspire to let Foster die

Thats the title of an opinion piece by Heber Taylor of Galveston County News against execution of Kenneth Foster. TMN is reporting that more than 1,200 people have sent emails to each Texas legislator urging a stop to the execution. You can also send an email by clicking here.

In a democracy, people have a collective responsibility to make sure the laws they create work and don’t result in miscarriages of justice.

That is why you should care about Kenneth Foster Jr., who is scheduled to be executed Aug. 30.

Foster was convicted of capital murder and sentenced to die, although he did not kill anyone or conspire to kill anyone.

Foster is guilty of making some awful decisions. He also is guilty of armed robbery. He deserves to be in prison.

But he does not deserve to die.

Foster is on death row because of a poor reading of the Law of Parties. The law was intended to hold people responsible for conspiracies. It’s a good concept, but a flawed law.

If you are a getaway driver and help plan a robbery, you’re responsible for anything that happens as a result of the robbery. If the people who point guns at the clerk and demand the money start shooting, the getaway driver is on the hook for that. That’s as it should be.

But, as a federal judge pointed out, Foster did not kill or conspire to kill Michael LaHood in San Antonio in 1996.

Instead, when he was 19, Foster drove three friends around in a car that had been rented by his grandfather. One of those friends, Mauriceo Brown, turned out to be a murderer.

With Foster driving, the young men rode around, smoked marijuana and committed two armed robberies.

Had one of the robbery victims been shot, you could make a better case for applying the Law of Parties. But, according to testimony from two of the men involved, Dewayne Dillard and Julius Steen, Foster repeatedly pleaded that he needed to return the car home.

It’s hard to see him conspiring to kill Michael LaHood. In fact, he had no idea who LaHood was when Brown got out of the car and shot him.

Brown was executed last year.

Steen got 35 years to life. Dillard got life. What’s the rationale to sentence Foster to death when the other two in the car got prison terms?

The U.S. Supreme Court has held that the Eighth Amendment does not allow the death penalty for “a minor participant in a felony and does not kill, attempt to kill or intend to kill.”

U.S. District Judge Royal Furgeson of San Antonio tossed out the death sentence. But the appellate court in New Orleans overturned his ruling.

If people in Texas let Foster die, we’ll be putting our approval on the idea that it’s OK to use a law designed to punish conspirators even in cases where there’s no conspiracy. And we’ll be saying we’ll stretch the law in cases where we’re mad enough against one criminal but we won’t stretch the law in cases where we’re not that mad at his two riding buddies.

We hope an awful lot of Texans have the integrity not to sign off on that farce.

Gov. Rick Perry could and should put a stop to this with the recommendation of a commuted sentence from the Texas Board of Pardons and Paroles.

We urge you to write the board and the governor. Tell them Foster should pay for his crimes in prison. But he shouldn’t be executed.

+++ Addresses to write: Texas Board of Pardons and Paroles Executive Clemency Section 8610 Shoal Creek Blvd. Austin, Texas 78757

Gov. Rick Perry Office of the Governor P.O. Box 12428 Austin, Texas 78711

Kenneth Foster on The Nation

Here is Peter Rothberg's blog post on TheNation.com:

In less than three weeks Kenneth Foster, an African American man sentenced to death in 1997 for the murder of Michael LaHood, is scheduled to be executed in Texas.

LaHood's actual killer, Mauriceo Brown, was executed in 2006. Foster, who was in a car about 100 yards from the crime when it was committed, was convicted under the controversial Texas state "law of parties", under which the distinction between principal actor and accomplice in a crime is abolished. The law can impose the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom, Brown, left the car, got into an altercation and shot LaHood dead. Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty.

Foster maintains that he did not know that Brown would either rob or kill LaHood. According to an Amnesty International investigation, there is evidence not heard at trial that the murder was an unplanned act committed by Brown, as the latter himself claimed before his execution.

In 2005, a federal district judge found a "fundamental constitutional defect in Foster's sentence" and ruled that Foster's jury had not been asked to determine if he had any intent to kill LaHood, and that this failure represented a misapplication of the law. However, the state of Texas appealed to the Fifth Circuit Court of Appeals, which overturned the decision.

The crazy thing about this case is that no one argues that Foster killed the victim. As the Fort Worth Star-Telegram's award-winning columnist Bob Ray Sanders wrote, the case "is further proof of how cruel, capricious, unjust and utterly insane our death penalty laws have become....Because of this tainted system, whether you believe in capital punishment or not, a man who did not plan or commit a murder will die August 30 unless somebody -- a judge, the Board of Pardons and Paroles and/or the governor-- has the heart and the guts to stop it."

You can help these folks get up the guts at freekenneth.com. Find updates on the case and urge members of the Texas legislature to stay Foster's execution and ask for a re-trial based on new evidence.

TEXAS----countdown to 400

Impending Texas Execution List:

Name Date Texas # since 1982 # under Gov. Perry

Kenneth Parr August 15 399 160

Johnny Conner August 22 400 161

Daroyce Mosley August 28 401 162

John Amador August 29 402 163

Kenneth Foster August 30 403 164

Tony Roach September 5 404 165

Joseph Lave September 13 405 166

Clifford Kimmel September 20 406 167

Michael Richards September 25 407 168

Carlton Turner September 27 408 169

Heliberto Chi October 3 409 170

source: Rick Halperin

THOU SHALL NOT KILL: A Night of Solidarity with Kenneth Foster Jr

I just posted it, so those of you who are my friends on myspace, get that out. For those of you who aren't... why not? Just kidding; here it is:

THOU SHALL NOT KILL: A Night of Solidarity with Kenneth Foster Jr
August 18. 2007
Carver Cultural Community Center
doors open at 5pm
$5 admission at the door
all-ages

The Save Kenneth Foster Campaign will be hosting a night in solidarity with Kenneth Foster. This will be an evening of spoken word and musical performance in support of Kenneth and his family. It will also be an opportunity for the people of San Antonio to learn about our state's criminal justice system and the impact it has on our community.

Our speaker for the evening will be Mario Africa of MOVE and AWOL Magazine.

Musical performers will include San Antonio's own Get Money Click, Throwedville Entertainment, SLYKAT, poet and lyricist Sincere, Do It Big Entertainment, DJ Boys and Crew. In addition, all the way from the Netherlands, Dutch hip-hop artist Jav'lin will be performing her song for Kenneth "Walk with Me" featuring Kenneth's daughter Nydesha Foster.

More to come so stay tuned.

Admission is $5 and will benefit the Save Kenneth Foster Campaign.

Come join us for a night of pure entertainment and knowledge in solidarity with Kenneth. Don't forget to visit www.freekenneth.com for more about Kenneth's case and what you can do to save his life.

Urge Equal Justice USA to Choose Texas to Participate in Their Retreat Against the Death Penalty

Click Here to Urge Equal Justice USA to Choose Texas to Participate in Their Important Retreat Against the Death Penalty

We need your help to persuade a national organization named Equal Justice USA to choose a Texas anti-death penalty team for their upcoming retreat to plan a new strategy for ending the death penalty in Texas. This is a vitally important opportunity for Texas to move forward with an effective strategy against the death penalty. We held several meetings and conference calls to put together our application. We have already submitted the application. Now, we need people like you to send emails to EJUSA in support of our application. If EJUSA knows that lots of people want them to choose Texas for this retreat, then they are more likely to pick us.

There is a precedent for this type of grassroots campaign directed at a national anti-death penalty organization asking them to help Texas. In 2005, the NCADP held their national conference in Austin after we organized a similar campaign to get people to send NCADP emails and or call them supporting our application for the 2005 conference. When they selected us they emailed us saying "the NCADP Board is impressed with the Texas proposal -- and with the extraordinary level of grassroots support behind it."

We can persuade EJUSA too. We just need to impress them with some grassroots support. So, please write EJUSA in support of our application. If you have any contacts in other states and outside the U.S., ask them to also write EJUSA in support of our application. Everyone in the anti-death penalty movement knows that Texas is the state where the most executions take place. Texas needs this retreat more than any other state. Ask any family members of people on death row that you know to also write EJUSA.

EJUSA required us to send them five names for our proposed team. The following people have volunteered to attend the retreat as the Texas team. The rest of the Texas team consists of everyone who works against the death penalty in Texas, because when the five member team returns, they will work with everyone together on a unified effort to end the death penalty in Texas, including organizations who are not able to send a team member because EJUSA only has room for five.

• Rick Halperin, immediate past chair of Amnesty International USA and current president of TCADP
• Stefanie Collins, a member of Campaign to End the Death Penalty and a 3rd year law student at the University of Texas at Austin.
• Scott Cobb, president of Texas Moratorium Network
• Njeri Shakur, a member of the Texas Death Penalty Abolition Movement
• Hooman Hedayati, president of Texas Students Against the Death Penalty.

Equal Justice USA (EJUSA) is excited to announce its third annual Training and Strategy retreat. The retreat will bring together five state teams fsome serious learning. This is not your average death penalty conference! Each state team will receive a dedicated facilitator throughout the weekend to help develop a proposed strategic plan or to expand/improve upon sections of an existing strategic plan. Training in different functional areas will be based on the exact needs of participating states – instead of talking about organizing, media, fundraising, or lobbying in theory, we'll use your state's own materials and experiences as examples and starting points. Teams will regroup privately with their facilitator throughout the weekend to apply the information gathered to their state's unique realities.

Equal Justice USA is a grassroots project of the Quixote Center that mobilizes and educates ordinary citizens around issues of crime and punishment in the U.S. Our work brings into public focus the racial, economic and political biases that permeate our legal system. By transforming our culture of vengeance and violence, we build support for an alternative public policy that is both effective and humane.

Send the link to the alert page to anyone you know and ask them to also write EJUSA.

Please use the form below to send your message to Equal Justice USA asking them to choose Texas for this important retreat.

In order for your letter to be effective, you must compose it in your own words. Each email that EJUSA receives should be different and personal. Form letters are not effective.

We are leaving the text field below empty for you to fill out in your own words. You must also fill out the subject line. Please choose a subject line that will make sure that your message is opened and read.

You must write your own email in your own language to EJUSA. But here are some key points to weave in:

1. Texas executes way more people than any other state. In August alone, there are five executions in Texas and only two others in the entire rest of the United States.
2. Texas needs this retreat as another step to build a unified effort against the death penalty in Texas.
3. Texas needs more attention from the leaders of the national anti-death penalty movement and this retreat will be a good step in showing the national leaders that people in Texas are ready and willing to organize a major campaign against the death penalty.
4. Texas is changing. People here are increasingly more receptive to our anti-death penalty message because of all the problems they have read about in the media. Even the Dallas Morning News has endorsed abolition of the death penalty.