By Renee Feltz
POLUNSKI UNIT, TEXAS—On Aug. 30, Texas plans to execute Kenneth Foster, Jr. for his role in the 1996 murder of Michael La Hood, Jr.. The state admits Foster’s already-executed co-defendant, Mauricio Brown, was the actual killer. But it secured his death sentence based on a conspiracy charge related to the Law of Parties (LOP)—a statute in place nationwide but only applied to capital punishment cases in the state that has sent more than 400 men to death since 1972. On Aug. 7, a Texas court denied Foster’s final appeal. In a June 20 interview, Foster explained the law and how it relates to his case, and his activism with fellow prisoners who refuse to go quietly.
RF: You’ve stated from the very beginning that you did not murder Michael La Hood. So how were you sentenced to death?
KF: Well, it all goes down to a little statute called the Law of Parties under the Texas penal code. It says a person is criminally responsible for an offense committed by the conduct of another if “acting with intent to promote or assist the commission of the offense he solicits, encourages, directs, aids or attempts to aid the other persons to commit the offense” or “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.” Texas says I should have anticipated what a co-defendant of mine could have done during a robbery I had no part in planning or carrying out.
RF: Talk about how the LOP applies to your actions on the night of Aug. 15, 1996. Was there a conspiracy? Was there anticipation?
KF: No! When this situation happened at the La Hood residence, they tried to show this was a continuation of robberies we did earlier in the night, even though all the evidence was showing there was no plan, no conspiracy. Mauricio Brown — the person who did the shooting — said nobody encouraged him to do anything, but they disregarded that evidence. We were driving home when we were flagged down by a woman.
When Brown — who was somewhat of a Romeo — got out and approached her, he was about 80 feet from the car. The woman’s boyfriend, Michael La Hood, came up, and Brown thought he heard him cock his gun, and he shot him. I tried to drive away, but the other two people in the car convinced me to wait for him. He came back and we were all asking what was going on. If there was a robbery planned, one of the three of us in the car would have accompanied him.
The prosecution focused on capital murder convictions for political reasons. La Hood’s father was a prominent attorney in San Antonio who was in the courtroom before and during the trial in which I was unfairly tried at the same time as Brown.
RF: Talk about your activism on Texas Death Row for the past decade.
KF: I co-founded the coalition called DRIVE — Death Row Intercommunalist Vanguard Engagement — with fellow prisoners, Gabriel Gonzales and Rob Will. We decided people were in a rut, and in my concept the only difference between a rut and the grave is the size. We wanted to bring attention to the conditions — 22 hours a day in our cell, bad sanitation, poor food. We also wanted to encourage individuals to stop colluding to their own murder. How can we expect people in society to not participate when we participate? The joke is on us when you eat this death feast [final meal]. That stuff isn’t even going to digest. DRIVE is dedicated to non-violent activity — it’s resistant, but not violent.
RF: What was it like getting assigned a death date?
KF: I’ve always been prepared for it. There are about 504 cells back here and I look at all of them as death cages. Being complacent is a disease back here and the DRIVE comrades are a minority. We have to stay focused on what we’re doing, and we have to focus on the Law of Parties — these people are about to kill somebody they know never killed anybody.
Foster Campaign Is Up Close and Personal
Her father’s execution date just over a month away, Kenneth Foster’s pre-teen daughter Nydesha led hundreds on a march through the Texas capital chanting “Death Row? Hell No!” with her fist in the air. Days later her voice carried across country to Harlem as she spoke via cell phone during a July 26 anti-death penalty forum in St. Mary’s Episcopal Church.
Nydesha is among the family, friends and politicized artists in the hip-hop community who have broadened the national fight for Kenneth Foster’s life beyond the usual suspects (see review of Cruel & Unusual Punishment CD, p. 12). Their personal motivation adds nuance to the often morally righteous, but stale abolition movement during a time of increasing public awareness about the flaws of capital punishment. The Campaign to End the Death Penalty, with chapters in New York and Texas, put personal voices first when they took on Foster’s case.
Foster realizes his conviction has a personal impact for the victim’s family as well, saying “I am sorry for what happened to their son, but at the same time, I didn’t kill him.”
La Hood’s former best friend, Sean-Paul Kelley, recently used his platform as a radio host and progressive blogger to speak out against Foster’s execution, arguing “the execution of a young man who didn’t even kill Mike? That’s not justice. It’s senseless vengeance, a barbarism cloaked in the black robes of justice.”
Follow Foster’s case online at savekenneth. blogspot.com. To request Governor Rick Perry halt his execution, leave a message at 512-463-2000, fax him at 512-463-1849, or write him at: Office of the Governor, P.O. Box 12428, Austin, TX 78711-2428.
Comments
Together with my family members I want to express my respect for Kenneth Foster , a young man, housband and father of a beuitiful daughter: Kenneth doesn't deserve to die.
I am Italian and I know that many other people from my Country are signing blogs and e-mails, sending fax and writing letters, but we do not count much because We dont vote for your Politicians. If the whole process of justice is right and correct that wouldn't be any problem to re-view Kenny's case (it is not only for him but also for his young daughter, she is the future of America like many other children out there). Micheal's life was taken away from his beloved, true, and they still want a compensation for that. It seems that taking Maurecio's life wasn't enough...Kenneth gave already the best years of his life...but something will be taken away also from Nydesha that didn't do a single thing to live her life constanly thinking about the unjustice that her daddy is facing, in fact, her daddy didnt kill anyone!
People look at what happens around us, this is really terrible, every State applies a different law and every JUdge decide a different thing. If you are born under a lucky star maybe your life will be saved if not...doesnt really matter, what's a human life a matter of residence? Is Justice Equal for All citizens? I doubt that and I am afraid I am not alone to believe so. Many people that today do not care to get involved in this matter might one day cross similar situations, life is a wheel and the wheel spins...money can not aways save people and money are not always for ever...American people should meditate on this case (IT could be YOuR sON NEXT). I am very proud of Kenneth because he decide to walk his green-mile with courage, fighting his battle. He knows that many people are trying to shut his mouth but he is speaking loud and expressing his disagreement till the last breath. If Kenneth will be executed he wont be remembered as a lamb that is sacrificed on the altrar of "Justice" but a LION. He is NOW a living example of dignity and a real fighter. I hope that someone of integrity and honesty will stop his execution and let him LIVE..."I pray for YOu Kenny, even if I don't know you, I pray for you lil girl and for her mami, I pray for your beloved ALL of them. We all carry a deep pain inside our souls, I pray for your enemies and for the ones that didn't care to help you out. Many people do not want to get involved because they are scared of you and your activism. Some they just dont care an dyou know why. One day God will take care of judging them and there wont be no Court or supporters to help em out! Kenny stay strong".
Posted this in another site.
FOSTER EXECUTION
Yes, Kenneth Foster is such a sweet and deserving person, UNLESS you happen to know what he did and had done in the past.
He had a lengthy record which included the shooting of at least two other people. He is/was a member of the Black Disciples (Crips). This was part of a two day crime spree in which others were shot-injured. He was the driver of the vehicle and could have stopped the crime spree by refusing (yes, it would be difficult for someone who had been running with a gang for years). He was a nightmare in school -- ask some of his teachers.
"His" website talks about how he would not have gotten the death penalty if Mike's father was not a high priced lawyer. What it does not say is that Mike SR.-- Defense Attorney -- had worked against the death penalty. Ironic as it may be, if the young man had not been MURDERED by the group. Michael LaHood Jr. may well have been have been working to try to get Foster off of death row. He was a law student at St Mary's University Law School, which is known for its anti-death penalty work.
The felony accomplice law or law of parties is on the books for a reason. As with any pack of animals, sometimes one will not attack alone but will with the support of others. Thus be it in this case.
His history of violent attacks is total evidence of his intent. It was just dumb luck that at least 2+ others are not dead from previous attacks.
Being a long time opponent of the death penalty has given me mixed feelings on this case. My family is long time and life long friends of the LaHood family. If you did not live in San Antonio, know the family, go to the funeral and keep up with the local end of the news related to the criminal trial, pre-trial hearings, appeals, and controversy, it would be difficult to understand that justice for Michael LaHood is to have the criminal justice system upheld.
Nobody forced Kenneth Foster, Jr. to go along with his criminal friends that evening knowing that Brown had a gun. Foster could not have believed that there was no criminal or malicious intent of taking a loaded gun with them with the intention of breaking the law and harming people in one way or another.
It can not be possible that Foster was so ignorant, he honestly had no idea that somebody might have or might have not been hurt during the course of the evening; he simply chose to look the other way and continue participating in the criminal activity.
Texas laws are harsh for a good reason. Our voters and legislators honor what the constiuents and residents of the state of Texas want. Unless you live here you really don't have the right to stand on the sidelines and criticize our laws or our legislators.
Foster is guilty and although he obviously has remorse, he is still guilty. Unfortunately, it will never be known if his remorse is for helping to take such an innocent and precious life of Michael,or if he regrets his punishment.
He is not now nor has ever been innocent of his crimes and he needs to endure the consequences of those actions he choose independently to take.
My sympathy to the family (and friends) of MichaelHood. That said, how does destroying another family with the death of another person solve anything?! Yes, he's guilty, but he deserves a life sentence. Justice will be served by GOD himself when the time comes...the death penalty is so hypocritical...we're killing you because you killed someone and killing is wrong...except when we're doing the killing?!?!
The real tragedy in this story is that this crime which took an innocent man's life occurred in 1996, and this career criminal thug has remained alive for more than 10 years since!
Every morning he awakes, every laugh that leaves his lips, every breath he takes is an insult to our criminal justice system, and the memory of the man who died.
o well we can write stuff on this but cant do anything soooooo......pshhh anythere person dead and the cycle goes on =/
I'm a teenager and have always believed that the death penalty is wrong. I didn't learn that from my parents, but on my own. My greatest sympathy goes to the victim and his family, that was an awful thing to happen to an innocent man. No one has the right to take another person's life, no matter what.
Our legislators set laws so that we will follow them and know that it is wrong to break them. The death penalty is killing someone who killed someone else. How is that going to teach anyone that killing is wrong?
If he is sentenced to life in jail, I'm almost positive that he will wake up everyday thinking about what he did. No person has the right over another person to take a life, only God has that capability. There is no point to hurt another family or friends by killing someone else.
How do you know which of them would hurt worse? Im doing a paper for school email me @ rbnsn_shlby@yahoo.com
the death penalty is not 'killing someone to prove killing is wrong'. It is reserved for violent career criminals, such as Foster, who are a threat to society. He was on probation for shooting and nearly killing a 16 year old in '94; he continued his life of crime and in '96 was the mastermind which led to the death of the innocent victim. The jury sentenced him to death before they even sentenced the shooter, mauriceo brown. Does that sound like and innocent person? But of course, that was not written up in papers and of course he didn't disclose that in his interviews all around the world. But one day he will have to answer to the Highest Authority, God, and God knows the truth as well. Foster will not be able to deceive and lie his way out with God. By the way, his sentence was commuted to life not because he is innocent, but because gov. perry disagrees with Texas Law that says murderers can be tried together.
he is a ass
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