Death Texas: The Kenneth Foster case

From a May 31, 2007 column, www.prisonradio.org

For a decade Kenneth Foster Jr. has languished on one of the worst death rows in the U.S. - Texas. He now faces an execution date of Aug. 30, despite the fact that even the trial judge, the district attorney and the jury that sentenced him to die admit he never killed anyone.

Whoa!

I know that it sounds funny (or fishy), but it’s not. It’s just a fluke of Texas law.

In Texas, that fluke is called the Law of Parties—a variant on conspiracy law, but like most things in Texas this law takes a bigger chunk out of the accused.

In essence, the Law of Parties criminalizes presence, not actions.

Under U.S. law, as announced by the Supreme Court in its 1982 Edmunds vs. Florida decision, a death sentence for someone who killed no one, nor intended to, nor assisted in such a killing is a violation of the Eighth and 14th Amendments to the Constitution.

But again—this is Texas.

This is the same state that ruled in the Herrera case that innocence is irrelevant; that poisoned the Black activist Shaka Sankofa (born Gary Graham); that twice violated court orders from the U.S. Supreme Court in the Miller-El cases; and that sent George W. (as in warmonger) Bush to the White House.

These items are noted, of course, to make clear the very real danger that Kenneth Foster Jr. faces. A young Black man - an innocent man - on death row - in Texas!

If you wish to read more about his amazing case on the web, write to:

Kenneth Foster Support Group
P.O. Box 14268
San Antonio, TX 78214

Kenneth (also known by his adopted name, Haramia KiNassor) is a talented writer, poet, and father of an adorable 10 year-old girl named Nydesha.

Help free her dad.