Texas to Commit Murder in 3 Weeks

[Wezil]

Thanx for the article Lorizael (although that shouldn't have been your burden *cough* Berz *cough*).

Still too few facts.

Guy leaves car and kills someone 80 feet away. I need more info.

[Arrian]

Most of the links I'm finding are op-ed pieces. This one does provide some basic info:

http://www.associatedcontent.com/article/313159/supporters_to_rally_for_kenneth_h_foster.html

Kenneth H. Foster Jr. an inmate on Texas death row has an execution date of August 30. He is to be executed by lethal injection at 6:00 PM that day for a crime in which he never touched the gun or left the car. He has been convicted under "The Law of Parties." This law gives the death penalty to any body involved in a crime where a murder occurred, even if the accused was not involved, as is the case of Foster.

Foster has already served 10 years on Texas death row for being the getaway driver. Another inmate who did the actual shooting, Mauriceo Brown, has already been executed for this crime, and two other co-defendants are serving long prison terms in Texas.

Supporters and friend and family for Foster have planned a rally to bring awareness to his case. People are asked to show their support and join Kenneth's family, friends, supporters and anti death penalty activists on the South steps of the Texas State Capital to march to the Governors mansion at 5:00PM July 21. Various speakers will be present to speak about Kenneth's case and the death penalty. Entertainers including M1, Dead Prez, and The Welfare Poets will perform. The Welfare poets are an anti death penalty hip hop group who have rallied for other death row inmates with execution dates.

Nothing about him being innocent, per se. He sounds like an accomplice...

-Arrian

[Arrian]

I should say, though, that "the law of the parties" sounds like a ****ty law.

-Arrian

[Lorizael]

Originally posted by Arrian
I should say, though, that "the law of the parties" sounds like a ****ty law.

-Arrian

It's like in elementary school when one kid wouldn't shutup so the teacher would make all the kids lose recess to make the kid who wouldn't shutup feel bad. That's justice.

You're right - I haven't seen anything to suggest that this guy is not guilty of breaking that law. As long as the law is constitutional (despite being ****ty) and the justice system did its job properly, then this man is guilty and Texas is not committing murder.

But this man does not deserve to die.

[Wezil]

Originally posted by Arrian
I should say, though, that "the law of the parties" sounds like a ****ty law.

-Arrian

It sounds like it makes accomplices and co-conspirators culpable. Just b/c you don't pull the trigger doesn't mean you are blameless.

In this guy's case it would appear he did know what was going down and either actively agreed to participate or intentionally looked the other way (the shooting was only 80 feet away after all).

I'm not a DP supporter but the law per se seems reasonable. I have yet to see/hear any facts that would lead me to believe this guy was innocent.

[Arrian]

L,

eah, that pretty much sums it up. Well, the analogy isn't all that good, but otherwise I agree.

The guy was involved, sort of. He apparently did not know there was going to be a murder - based on everything I've seen it's clear there was no premeditation on anyone's part. His friend jumps out of a car to go hit on some woman, the woman's estranged husband or boyfriend or whatever gets involved, there is an altercation, and the guy gets shot & killed.

He shouldn't have driven off. He is guilty of at least some sort of crime. But he shouldn't be executed.

Ah, Texas. Making the rest of us look good.

-Arrian

edit: Wezil - the (biased) account I read indicates that the guy had no idea anyone was going to die, and that others have testified to this.

[Kuciwalker]

Originally posted by Berzerker
Wiggie's got the lead role

Actually it was Tom Cruise.

[Kuciwalker]

Originally posted by Arrian
I should say, though, that "the law of the parties" sounds like a ****ty law.

-Arrian

I don't see a problem with executing the getaway driver for a murderur. He's just as guilty IMO, even if he didn't pull the trigger.

[Wezil]

Originally posted by Arrian

edit: Wezil - the (biased) account I read indicates that the guy had no idea anyone was going to die, and that others have testified to this.

And that is the rub isn't it? I have no doubt evidence was given to show he did not know but it would appear contrary evidence was also presented (hence the jury decision). Unless this presumption is wrong I can see the logic of the decision.

[Lorizael]

Originally posted by Kuciwalker
I don't see a problem with executing the getaway driver for a murderur. He's just as guilty IMO, even if he didn't pull the trigger.

What's your line of reasoning for this? If a person does not intend to kill someone, does not kill someone, and does not help someone get killed by what line of reasoning are they guilty of murder?

Is it that they did not prevent the murder? Is it that they helped the murderer get away with the crime? And how far can such conditions be stretched until they're abused?

[Arrian]

http://www.huffingtonpost.com/seanpaul-kelley/kenneth-foster-jr-an-i_b_58655.html

Get to know this name: Kenneth Foster, Jr. You are going to be hearing a lot of it the next 30 days because I have a personal stake in this matter.

You see, one night in August 1996 one of my best friends, Michael LaHood, was murdered by Mauriceo Brown. And Kenneth Foster, Jr. was driving for Mauriceo that night. I don't know what the circumstances of Kenneth's involvement were beyond the fact that he was still in the car when Mauriceo pulled the trigger that sent a bullet through my friend's brain, ending his life immediately.

Was he being forced to drive? Or was he along for the ride? I don't care. Kenneth deserves and is receiving punishment for his role in the tragedy that occurred that night. But whatever punishment Kenneth does deserve for his role in my friend's cruel murder, execution should not ever have been (or be) an option. He did not pull the trigger, or encourage Mr. Brown to pull it in any way, nor was he even aware that the murder was being contemplated or had been committed until after the fact. His punishment should not be execution.

Having also read an interview of Kenneth Foster, he was not forced to drive. He was simply unaware anything was going to happen, and then once it did, he got the hell outta there (with the murderer).

-Arrian

[Wezil]

I'd love a copy of the trial transcript. I feel like a mushroom.

[Arrian]

http://austin.indymedia.org/newswire/display/35961/index.php

THE STATE of Texas plans to execute Kenneth Foster Jr. August 30 for the 1996 murder of
Michael LaHood Jr.

What makes Foster's case unique is that he killed no one--and the state of
Texas is first to admit this.

How is this possible? Texas' Law of Parties, adopted in 1974, allows prosecutors to hold all those present legally responsible for a crime. Because Foster was driving the car carrying Mauriceo Brown the night Brown
shot LaHood, prosecutors were able to try Kenneth as if he was the shooter.

Brown, who was executed in July 2006, admitted to shooting LaHood, but claimed it was in self-defense. He also insisted that Foster, who remained in a car 80 feet away from the shooting with the radio on and windows
rolled up, didn't know he had left the car with the gun.

-Arrian

[Kuciwalker]

IIRC from 8th grade civics, one of the caveats these laws usually have is that he had to have been aware that the other guy had a gun (well, weapon). If he was, I'm not sympathetic that "he had no idea no one would be killed."

[lord of the mark]

btw, in related news

did you know?

Some county has a dispute with some other country. each thinks the other is wrong. Terrorism/oil/boundaries/racism/an endless history of wrongs/weird sheep farmers/ethnic cleansing/drug smuggling/takeyourpick are involved.

The UN is paralyzed.

China has affirmed the importance of sovereignty.

Russia is selling arms to both sides.

Britain is following the US lead.

Its all Bush's fault.

If you want more details, you can google it.