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Originally posted by Wezil
I'd love a copy of the trial transcript. I feel like a mushroom.
Agreed. It does sound like the murderer testified that Foster was unaware that he had a gun (and therefore could hardly know there was going to be a murder committed).
Originally posted by 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.
see post #16, and the whole "link, I dont need no stinkin link" argument.
"A person cannot approach the divine by reaching beyond the human. To become human, is what this individual person, has been created for.” Martin Buber
Originally posted by 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."
While we simply don't know all the details of the case, the only news we do have on this seems to indicate he was unaware. It's always possible, however, that the jury didn't believe the testimony in support of this assertion for whatever reason.
It would seem the jury didn't buy it, yeah. I wonder if the shooter's testimony actually hurt him (given they convicted the guy of murder, I'm sure they thought he was lying to save his friend).
Originally posted by Lorizael
And yet this guy may still be an innocent victim, despite Berz being full of crap.
Except that he isn't. He'd been the guy's getaway driver all night as he'd been robbing people at gun point.
I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio
Originally posted by Arrian
Most of the links I'm finding are op-ed pieces. This one does provide some basic info:
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.
Nothing about him being innocent, per se. He sounds like an accomplice...
-Arrian
You guys all seem to miss the point that he knew a crime was going to take place.
He was found guilty of committing a crime that resulted in a murder.
Because it resulted in a murder he was also charged with murder.
Whether he deserves the Death Penalty is another story. (I don't think he does)
ACK!
Don't try to confuse the issue with half-truths and gorilla dust!
Originally posted by Lorizael
Man, I totally missed that detail in the articles I've read so far. Linky?
And this is from an article opposed to giving him the death sentence:
Testimony showed that at some point, Brown announced that because they had a gun, they ought to "jack" someone.
With Foster as the driver, Steen and Brown first got out of the car and robbed a Hispanic woman at gunpoint and later robbed a man and two women in a parking lot.
I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio
Foster is stupid and shouldn't have been there at all. He should have known better. It still does not appear, however, that he intended to have any sort of participation whatsoever in a murder.
From what I understand, that means that this Law of Parties thing shouldn't apply to him. I won't argue it too strenuously though because I am by no means a legal scholar.
Regardless, I don't think such a law should be applied in this manner (whether it's legal or not), and I am ultimately against the death penalty in all cases.
Originally posted by Arrian
Ah, nothing I found (bad google news!) contained that little tidbit.
Don't feel bad. It shouldn't have been your responsibility to find links in the first place. The credit should go to Rufus who greatly aided my search-fu with his suggested search terms. I had just found it odd that Berz was rather conveniently glossing over so many facts in his opening post.
I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio
Originally posted by Lorizael
Foster is stupid and shouldn't have been there at all. He should have known better. It still does not appear, however, that he intended to have any sort of participation whatsoever in a murder.
But lots of folks who commit murder dont go in intending to. which, if no other felony occurs, can reduce the charge. But we have a crime called felony murder. If a felony is intended and occurs, and someone is killed, it can make a second degree murder first degree, or IIUC, even make manslaughter into first degree murder.
If you commit a felony, the risk is on you.
"A person cannot approach the divine by reaching beyond the human. To become human, is what this individual person, has been created for.” Martin Buber
Originally posted by Lorizael
Foster is stupid and shouldn't have been there at all. He should have known better. It still does not appear, however, that he intended to have any sort of participation whatsoever in a murder.
What logically might happen when you drive someone around who is robbing people at gun point? Do you find it at all likely that someone might get killed?
I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio
Testimony showed that at some point, Brown announced that because they had a gun, they ought to "jack" someone.
With Foster as the driver, Steen and Brown first got out of the car and robbed a Hispanic woman at gunpoint and later robbed a man and two women in a parking lot.
Testimony also showed that the killer said Foster didn't know he had a gun so apparently Foster was not privy to that discussion. And you can be sure the prosecutors were offering the other guy(s) deals to turn on Foster, but they didn't.
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