Kenneth Foster might not get executed...

[TreasonousBastard]

you remember Foster, the guy who faced death for being at the scene of a crime when the shooter got off.

Well, I just got word that the Texas Board of Pardons and Paroles has voted 6-1 to commute his death sentence to life imprisonment.

The Governor is not required to go along with this, but considering the rarity of the Board doing this and all the ttendant publicity, he probably will go along.

[Fredda Weinberg]

1. I'm trying to understand sympathy for an armed robber

He wasn't an innocent bystander.

[La Lioness Priyanka]

3. i try hard to understand how many ways people try to justify their desire to kill

and their callous disregard for human life

[Deep13]

19. It's very simple really.

Revenge or Justice. I do not imply any value judgment in saying that. I guess I have never been clear on just what the difference is between justice and revenge. I suppose since justice is imposed by the state, it is more measured than individual revenge. Even in a capital case, the victim's friends are not allowed to to torture the offender to death. Even so, the end result is still a desire to make wrong-doers suffer. On the other hand, justice is also more selectively applied than revenge. (I wonder how Libby's prison sentence is going.)

I'm still trying to figure out just what the value of human life is. Just like it is assumed that revenge is bad, we are supposed to assume that human life has a high value. That is what we want the value to be, but as a practical matter, it just does not appear to be so.

I'm not necessarily disagreeing with you. I'm just thinking "out loud" so-to-speak.

[EFerrari]

4. He wasn't convicted of armed robbery. He was tried for murder. n/t

[angstlessk]

5. Armed robbery is not usually a death penalty offense..you wanta make it one? n/t

[Midlodemocrat]

6. He didn't kill anyone. And, if he had, I would still be opposed to the DP.

[IndianaJones]

14. was he present? nt.

[endarkenment]

16. Not directly. nt.

[IndianaJones]

17. he was convicted....

was this evidence available to the jury?

[endarkenment]

29. he was convicted under the "Law of Parties"

which permits him to be punished as if he pulled the trigger and was directly involved in the murder simply by having been involved with the killer at the time of the murder.


In denying Foster's earlier appeal, the state's Court of Criminal Appeals "attempted to side-step the … Constitutional defect in Foster's death sentence, suggesting that the jury's finding of Foster's guilt under the Texas law of parties necessarily implied a finding that Foster intended to kill LaHood," he wrote. But while there was ample evidence to suggest that Foster intentionally "aided and abetted" Brown's attempt to rob LaHood, there was "no evidence showing Foster intentionally encouraged, directed, aided, or attempted to aid Brown's murder of LaHood," as required in order to pass constitutional muster. In Foster's case the state allowed the jury to impose death without making a determination about Foster's intent, the judge wrote. "Foster's death sentence can be justified only by jury findings that Foster both played a major role in the criminal conspiracy that resulted in LaHood's murder and acted with reckless disregard for human life." Because the Supreme Court has consistently ruled that only a jury may make factual determinations related to punishment, Furgeson wrote, "the Eighth Amendment precludes the State of Texas from executing Foster."
http://www.todesstrafe-usa.de/foster/english/alive_foster_legal_breakdown.htm

[IndianaJones]

34. thanks for the details. nt.

[buddhamama]

8. i am trying to understand the lack of empathy

he was a young man. you must be perfect and have never ever made a bad decision. he did not kill anyone and does not deserve to die.

funny. he could have been fighting somewhere, in a foreign land, killing and maiming perfect strangers
and on his return home (if he returned home) we'd call him a hero.

[tabasco]

21. That's a really, really stupid comparison.

You are saying that a US soldier who kills someone in combat is the same as a criminal convicted murderer?

If so, that is unbelievably stupid.

[buddhamama]

28. stupid,

according to you.

i think the idea and the distinctions we make in justifiable behavior, acceptable killing, is worth thinking about.

do you think an Iraqi who has lost a loved one in 'combat' gives a fig what our reasons are?

in most cases probably not,

they probably view our behavior as criminal too,
sanctioned murder.

my point though is this: he was young. he made a mistake, an extreme error in judgment. he should be given a second chance.

but if the same young man had been in the military killing people,
it's cool.

[Deep13]

22. "you must be perfect and have never ever made a bad decision"

Not THAT bad!

There are a lot of people in the world more worthy of my limited empathy than a convicted murderer. I think you may be misrepresenting the facts by saying he never killed anyone. I don't know the case, but I do know that accomplice liability means everyone involved in a crime that causes a death is as responsible as the shooter. For example, if a criminal conspiracy is to rob a merchant at gunpoint and someone gets shot, the getaway driver is still a necessary part of the crime even though he did not shoot. Consequently, that getaway driver is a murderer.

[buddhamama]

33. i know the law

it needn't be explained.

i don't know him personally and neither do you.
i cannot say what possessed him to do what he did.
but, i am not the same person i was at the age of nineteen, i made mistakes and i learned from them.
i think we all have been there. it's called growing up, living life. he's probably not the same person either (this is where the empathy part comes into it).
i am opposed to the death penalty,
even if that were not the case however, this conviction and subsequent sentencing is extreme.

[Deep13]

36. "it needn't be explained."

Well, not to you, but this is not a private conversation. I understand that many people are anti death penalty. I am not criticizing that value judgment. I guess I just don't know if I share it.

[jobycom]

10. The sympathy is overblown. It should be about justice, more than about Foster.

He didn't kill anyone, therefore executing him opens a frightening door. He's a criminal, he'll spend the rest of his life in jail. Either way.

[wicket]

12. The death penalty is appropriate for armed robbery???

[endarkenment]

15. Foster had no intent to kill LaHood.

Nor was he directly involved in the death of LaHood. Putting Foster to death in this case is simply a gross miscarriage of justice. He indeed was not an innocent bystander, nor was he in any way guilty of the intentional murder of LaHood.

[DangerDave921]

27. OK

What if the guy started a fire thinking no one was home, but it turns out a whole family was killed in the blaze? You could say he had no intention to kill anyone, but that is a lousy argument. He did acts which directly resulted in death. So he is culpable for murder.

That being said, I don't believe in the death penality except in the most heinous cases. This guy should spend 30-40 years in prison.

[Maestro]

24. No sympathy as far as I can see.

He is spending the rest of his life in jail which is worse than death to me and a reason why I am against the death penalty. It serves no purpose but to appease a vengeful heart. Having said that, from what I know of the story, he did not know that the occupants in the car he was driving were planning on murdering anybody. He certainly has some culpability but not for murder and he shouldn't die for it.

[alarimer]

37. He didn't rob anyone

He was driving when a person in his car got out of it, got into an altercation and killed someone. Foster did nothing but not have a crystal ball handy in order to tell which of his friends was going to commit a crime.

[Madspirit]

So you only have sympathy for perfect people who don't NEED sympathy....sweet...not...n/t

[EFerrari]

2. How do you rate your source?

I found an indy media report that sounded promising but nothing hard.

[TreasonousBastard]

9. Got an email quoting the AP. n/t

[EFerrari]

42. Great. Thanks! I looked but didn't find. n/t

[flashl]

20. Foster's life spared

Parole board votes to spare condemned killer

The Texas Board of Pardons and Paroles recommended Thursday that Gov. Rick Perry spare condemned prisoner Kenneth Foster from execution and commute his sentence to life.

The vote from the seven-member board was 6-1. The announcement came less than seven hours before Foster was scheduled to be taken to the death chamber for lethal injection.

Perry does not have to accept the highly unusual recommendation from the board whose members he appoints.

There was no immediate response from the governor's office.

---

This is good news. Let's hope that pressure from the international community helped. Lord knows, Texas and U.S. abolitionists have not been successful talking with legislatures who acknowledges that Texas' criminal justice system is broken. Yet, they profess they are afraid of the publics' backlash if they place a mortitorium on Texas' death penalty.

Texas legislaturers knowingly allow this manifest injustice to continue to get re-elected.

[Contrary1]

26. Every time I have clicked a link to a Texas newspaper

article regarding Mr. Foster, I find another link. Click on that one and you can view all the scheduled executions through Jan.'08.

They must be so very proud. Sickening.

[sandnsea]

31. No, this does not mean that

The board has made this recommendation before. No governor has ever commuted a death penalty, except for the serial killer in order to discover more of his victims.

[Flubadubya]

7. I don't know about Perry...

but Mr. Foster should at least be thankful that * is not still governor. :scared:

[TreasonousBastard]

25. Well, the one other time the Board recommended clemency...

Perry refused to go along.

[sandnsea]

32. Same for 20 years

The only commutation was for the serial killer, to learn more about his victims. People shouldn't think this is a victory, need to keep up the pressure.

[Madspirit]

38. Nope...Sadly, not True

I'm a Texas. George Bush's hand-picked successor, Rick Perry, makes George look like a flaming liberal. We have NEVER had such a fascist governor. He really makes GWB look good. Sad, eh?

Lee

[IndianaJones]

11. I thought the other guy got executed?

was this evidence available to the jury when he was convicted?

[Freddie Stubbs]

13. The shooter did not get off. He was executed last year

http://www.nytimes.com/2007/08/30/us/30execute.html?em&ex=1188619200&en=0dfb4c7a6b09d663&ei=5087%0A

[TreasonousBastard]

23. Huh? Yeah, I got this confused with a Georgia case...

where the shooter copped a plea. Can't remember the names involved.

There's something I've heard defense lawyers call the "Heniousness Rule," meaning that if a crime is bad enough, someone has to fry, and it doesn't make much difference who. Defense strategy often means separating the trials and racing for deals with the DA. the ast guy in line tends to get the real pounding, no matter what he did, or didn't do.

This one is wierd because Brown didn't cop a plea but they went after Foster anyway. Could be they tried to take back their "mistake" at letting him loose after his first crimes.

[underpants]

18. I sure am glad that Tom Joyner used the Vick case to get to this one

:sarcasm:

[sandnsea]

30. Other commutations have been recommended

The only execution ever stopped in Texas was the serial killer. That's it, in 20 years. It is highly improbable this one will be stopped, although the pressure is increasing on Texas to stop being so barbaric so maybe Perry will decide to do something.

[NaturalHigh]

35. I hope he is not executed.

He should, however, spend the rest of his life in prison. I notice that the parole board recommended life in prison. He will probably be eligible for parole in a few years, if he's not already.

[Madspirit]

39. I Hope It Works But Perry.....

I'm a Texas. George Bush's hand-picked successor, Rick Perry, makes George look like a flaming liberal. We have NEVER had such a fascist governor. He really makes GWB look good. Sad, eh?

I hold out hope for this poor man but until Perry signs the commutation, I will not believe it's going to happen.

Lee

[nofurylike]

40. called gov's office, they said COMMUTED to life without...nt

[Madspirit]

41. Wow...amazement. It must have hurt Perry's guts to do this.

I hate Perry, my governor, more than I hate his predecessor, our president.

Lee

[EFerrari]

43. Thank god. Will Perry have a presser? I hope he does.

:woohoo::woohoo::woohoo:

[Contrary1]

44. We did it!!!

"HUNTSVILLE, Texas (AP) - Governor Rick Perry says he'll spare Kenneth Foster from his scheduled execution tonight and commute his sentence to life.

In doing so, Perry accepts a recommendation from the Texas Board of Pardons and Paroles, which voted 6-1 today to urge the commutation.

Foster's had faced execution tonight in Huntsville for being the getaway driver in the 1996 attempted robbery and murder of Michael LaHood in San Antonio.

Perry didn't have to accept the highly unusual recommendation from the board, whose members he appoints.

But in a statement issued today, Perry said he believes "the right and just decision is to commute Foster's sentence from the death penalty to life imprisonment."

Records show 1 of Foster's passenger, Mauriceo Brown, demanded LaHood's wallet and car keys -- then opened fire when the victim couldn't produce them. Foster was tried with Brown and received the same sentence. Brown was executed last year.

In his statement, Perry said he's "concerned about Texas law that allowed capital murder defendants to be tried simultaneously." He says he thinks the Legislature should examine that issue."



http://www.ktre.com/Global/story.asp?S=7006064