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Old 08-30-2007, 09:34 AM   #1
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http://news.independent.co.uk/world/...cle2906344.ece
Man faces execution for being in car with killer
By Leonard Doyle in Washington
Published: 30 August 2007

A 30-year old man, Kenneth Foster, is set to be executed today for a murder which he not only did not commit, but which the authorities in Texas accept was carried out by another man in 1996.

The trial judge, the prosecutor, and the jury that sentenced Mr Foster to die admit that he did not murder the victim Michael LaHood. But, under a controversial "law of parties", in Texas an associate of a perpetrator can be found co-responsible in a capital case. The law imposes the death penalty on anybody involved in a crime where a murder occurred.

This is how Foster, a black man out on a crime spree with some friends, came to be convicted of murdering Mr LaHood, a white man and the son of a prominent lawyer . The killer, Mauriceo Brown, was executed last year.

Foster has been politically active on death row. He has organised fellow prisoners, becoming a leader in the anti-death penalty movement in Texas and starting a non-violent movement called Drive, to campaign over conditions on death row. Unlike most other inmates he had several years of college education before jail.

On the night of the murder, Foster and several friends had been driving around drinking and committing robberies. On the way home, Brown left the car to talk to a woman. He then got into an altercation with Mr LaHood and shot him dead in the driveway of his house in San Antonio.

The murder occurred as Foster was sitting in a car some 30 metres away with three other passengers – but prosecutors said there was a conspiracy to commit the crime and therefore he deserved a death sentence. Since Foster's original trial, the other passengers – none of whom was tried under the law of parties – have testified that Foster had no idea a shooting was going to take place.

The Texas Court of Criminal Appeals denied Foster's final appeal on Tuesday and his last recourse is a pardon from Texas Governor Rick Perry. This seems unlikely, as five of the seven Board of Pardons members must recommend clemency first. Last week Texas executed its 400th prisoner since it resumed capital punishment in 1982.

Recently a friend of the victim has described the pending execution as vengeance and called for it to be halted. The LaHood family has so far not offered support to Foster's case. LaHood's mother said she supported the execution of the actual killer.
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Old 08-30-2007, 09:39 AM   #2
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Originally Posted by §Pide® View Post
http://news.independent.co.uk/world/...cle2906344.ece
Man faces execution for being in car with killer
By Leonard Doyle in Washington
Published: 30 August 2007

A 30-year old man, Kenneth Foster, is set to be executed today for a murder which he not only did not commit, but which the authorities in Texas accept was carried out by another man in 1996.

The trial judge, the prosecutor, and the jury that sentenced Mr Foster to die admit that he did not murder the victim Michael LaHood. But, under a controversial "law of parties", in Texas an associate of a perpetrator can be found co-responsible in a capital case. The law imposes the death penalty on anybody involved in a crime where a murder occurred.

This is how Foster, a black man out on a crime spree with some friends, came to be convicted of murdering Mr LaHood, a white man and the son of a prominent lawyer . The killer, Mauriceo Brown, was executed last year.

Foster has been politically active on death row. He has organised fellow prisoners, becoming a leader in the anti-death penalty movement in Texas and starting a non-violent movement called Drive, to campaign over conditions on death row. Unlike most other inmates he had several years of college education before jail.

On the night of the murder, Foster and several friends had been driving around drinking and committing robberies. On the way home, Brown left the car to talk to a woman. He then got into an altercation with Mr LaHood and shot him dead in the driveway of his house in San Antonio.

The murder occurred as Foster was sitting in a car some 30 metres away with three other passengers – but prosecutors said there was a conspiracy to commit the crime and therefore he deserved a death sentence. Since Foster's original trial, the other passengers – none of whom was tried under the law of parties – have testified that Foster had no idea a shooting was going to take place.

The Texas Court of Criminal Appeals denied Foster's final appeal on Tuesday and his last recourse is a pardon from Texas Governor Rick Perry. This seems unlikely, as five of the seven Board of Pardons members must recommend clemency first. Last week Texas executed its 400th prisoner since it resumed capital punishment in 1982.

Recently a friend of the victim has described the pending execution as vengeance and called for it to be halted. The LaHood family has so far not offered support to Foster's case. LaHood's mother said she supported the execution of the actual killer.
They have a similar law here in CO. A few years back, a cop was killed while one of his friends was sitting in the police car in cuffs, while they hunted the other suspect. She has been in jail since for her part in the murder. (I think she is still in, I havent seen any news of it) I agree with someone spending time in jail for being there, or part of it, but the death penalty is pretty crazy if you ask me. But it is Texas (dont they impose the death penalty for shoplifting there??)

Can I vote its Bush's fault? Everything is
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Old 08-30-2007, 09:41 AM   #3
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They have a similar law here in CO. A few years back, a cop was killed while one of his friends was sitting in the police car in cuffs, while they hunted the other suspect. She has been in jail since for her part in the murder. (I think she is still in, I havent seen any news of it) I agree with someone spending time in jail for being there, or part of it, but the death penalty is pretty crazy if you ask me. But it is Texas (dont they impose the death penalty for shoplifting there??)
I wouldnt be shocked ......
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Old 08-30-2007, 10:10 AM   #4
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In Texas, I think jaywalking is a death penalty crime. As is nosepicking. For littering, I think it's just the removal of the offending limb. For an ounce of pot, they kill you, bury you, dig you up, and kill you again.
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Old 08-30-2007, 10:21 AM   #5
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Another state with with ignorant and unjust punishment laws. Their should be no such thing as capital punishment for any crime.
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Old 08-30-2007, 10:35 AM   #6
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Another state with with ignorant and unjust punishment laws. Their should be no such thing as capital punishment for any crime.
Unjust? Try telling that to the family of violent crime victims. More often than not, the person sentenced to die had no qualms about taking an innocent life. States should have no qualms about returning the favor.
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Old 08-30-2007, 10:39 AM   #7
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No state which engages in capital punishment can pretend to be civilized. Let's name the countries who still issue the death penalty, shall we? China, North Korea, Russia, most Arabic countries, and the USA.
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Old 08-30-2007, 10:40 AM   #8
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Hopefully his death will deter others to participate in such activities.
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Old 08-30-2007, 10:41 AM   #9
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Unjust? Try telling that to the family of violent crime victims. More often than not, the person sentenced to die had no qualms about taking an innocent life. States should have no qualms about returning the favor.
But this guy wasnt the one doing the shooting he was roughly 45 yards away .......

Last edited by Spider; 08-30-2007 at 10:43 AM..
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Old 08-30-2007, 10:41 AM   #10
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I think that the death penalty is a bunch of crap. I used to be all gung ho to kill em all, but I think if we just tightened up some of the prisons, a lot of prisoners would prefer death to staying in jail, and thats true punishment
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Old 08-30-2007, 10:43 AM   #11
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Hopefully his death will deter others to participate in such activities.
reread the article .... this guy was roughly 45 yards away , he didnt know the shooting was happening ........ the guy deserves jail time for the crimes he did commit , but the death penalty for something he didnt do ? and the authorities know he didnt do it .. come on
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Old 08-30-2007, 10:46 AM   #12
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I think that the death penalty is a bunch of crap. I used to be all gung ho to kill em all, but I think if we just tightened up some of the prisons, a lot of prisoners would prefer death to staying in jail, and thats true punishment
Maracopa county style prisons.
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Old 08-30-2007, 10:53 AM   #13
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Saddly I belive that race is playing an issue here.
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Old 08-30-2007, 10:53 AM   #14
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Bring back Chain gangs , if these criminals cant obey the law on their own , then let them work as near slave labor for the community they committed crimes against .... make these ****ers work instead of lifting weights and watching TV all day .......
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Old 08-30-2007, 10:58 AM   #15
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Personally I'm all for the death penalty. The problem is its used way to often. This is obvioulsy that type of situation. Now the Scott Peterson case is a great example of when it should be used. Anyone who could kill his wife and unborn son needs to die.
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Old 08-30-2007, 11:03 AM   #16
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Personally I'm all for the death penalty. The problem is its used way to often. This is obvioulsy that type of situation. Now the Scott Peterson case is a great example of when it should be used. Anyone who could kill his wife and unborn son needs to die.
I agree
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Old 08-30-2007, 11:03 AM   #17
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But this guy wasnt the one doing the shooting he was roughly 45 yards away .......
I know. Beerslug was making a general statement about capital punishment and I was defending the concept of the death penalty. Apparently, an innocent man slipped through the cracks, but he is the exception and not the rule...
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Old 08-30-2007, 11:04 AM   #18
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I know. Beerslug was making a general statement about capital punishment and I was defending the concept of the death penalty. Apparently, an innocent man slipped through the cracks, but he is the exception and not the rule...
Is he ? .....
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Old 08-30-2007, 11:09 AM   #19
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I know. Beerslug was making a general statement about capital punishment and I was defending the concept of the death penalty. Apparently, an innocent man slipped through the cracks, but he is the exception and not the rule...
Like I said Im pro death penalty but this "oops" thing gives me pause
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Old 08-30-2007, 11:10 AM   #20
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Is he ? .....
Today's DNA detection technology makes me confident that more guilty people are executed than innocent people.
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Old 08-30-2007, 11:13 AM   #21
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Today's DNA detection technology makes me confident that more guilty people are executed than innocent people.
I see ....... so what would be an acceptable ratio... 50 guilty guys to 1 innocent person ?
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Old 08-30-2007, 11:16 AM   #22
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Unjust? Try telling that to the family of violent crime victims. More often than not, the person sentenced to die had no qualms about taking an innocent life. States should have no qualms about returning the favor.
I was referring to story subject but capital punishment is completely wrong when you think about it. How can any society advance as a people that murders it's own for any reason?

I use to think that murdering murderers was the right thing to do to make sure there was never a chance of them getting out and doing it again but it's just plain wrong.
Locking people in cages is far more severe anyway if states would get rid of all the "frills" currently available for these inmates.

And when you think about this a little deeper, how ironic is it that a society murders people to tell them that murder is wrong?

Last edited by Bronco_Beerslug; 08-30-2007 at 11:19 AM..
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Old 08-30-2007, 11:21 AM   #23
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I think I am still pro death penalty in some cases , but if they did away with cable TV , and alot of other frills , made these bastards work , and work hard , I wouldnt mind seeing the death penalty go away ......
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Old 08-30-2007, 11:36 AM   #24
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I was referring to story subject but capital punishment is completely wrong when you think about it. How can any society advance as a people that murders it's own for any reason?

I use to think that murdering murderers was the right thing to do to make sure there was never a chance of them getting out and doing it again but it's just plain wrong.
Locking people in cages is far more severe anyway if states would get rid of all the "frills" currently available for these inmates.

And when you think about this a little deeper, how ironic is it that a society murders people to tell them that murder is wrong?
Once a person is shown to commit a heinous crime against society, they stop being a person and become a cost analysis statistic. Executing a criminal is a one-time cost. Having to build more prisons to house violent criminals who, IMO, don't deserve to live, has more long-term costs to society in prison construction and property valuations. I agree that states should get rid of the "frills", though. If they ever have the guts to do that and TRULY make prisons cruel, then I might change my stance.

Spider, it's sad in the instances that an innocent man is put to death. The law needs to be changed to clearly define what warrants the death penalty and what doesn't warrant the death penalty. However, killing 50 guilty people is a benefit to society and the family/friends of violent crime victims.
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Old 08-30-2007, 11:51 AM   #25
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Once a person is shown to commit a heinous crime against society, they stop being a person and become a cost analysis statistic. Executing a criminal is a one-time cost. Having to build more prisons to house violent criminals who, IMO, don't deserve to live, has more long-term costs to society in prison construction and property valuations. I agree that states should get rid of the "frills", though. If they ever have the guts to do that and TRULY make prisons cruel, then I might change my stance.

Spider, it's sad in the instances that an innocent man is put to death. The law needs to be changed to clearly define what warrants the death penalty and what doesn't warrant the death penalty. However, killing 50 guilty people is a benefit to society and the family/friends of violent crime victims.
Making prisons "cruel" is not what a society should condone or practice. Making a prison what it should be, a cage to contain and restrain dangerous humans from the rest of society is all that is needed (no TV or radio, access to reading material only). Some states do this now (keep these type of criminals from the rest of the population locked up 23 hours a day or longer).

As far as your cost analysis, there are all kinds of studies that show housing these criminals is cheaper than murdering them.

And for your "they deserve to die" statement, I'll just let you think about that.

Last edited by Bronco_Beerslug; 08-30-2007 at 11:53 AM..
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