Kenneth Foster Jr. Is Scheduled To Die Today

Texas has postponed an 11th hour decision regarding the impending execution of Kenneth Foster Jr. The Texas inmate never killed anyone but that’s the crime that he’s to be executed for.

He’s been moved to Huntsville Prison, the place where the walking dead go to walk that last mile.

There are protests being carried out throughout Texas today. The prisons in Huntsville, Livingston and at the governor’s mansion. The Supreme Court has picketers on it’s front steps.

Mauriceo Brown was executed in 2006 for the murder of Michael LaHood. Foster was driving the car that Brown was in. Driving was his crime. Two others were in the car that night. they were sentenced to prison but not to death. Foster at the time was only nineteen.

Who’s on Foster’s side right now as the hours tick down before his death? Sean-Paul Kelly for one. His name isn’t that famous but who he is important. He’s the best friend of the man who died. Foster did not contact him. Kelly just thinks it’s wrong for an innocent man to die for the murder of someone, even his best friend.

My last words to Mike–two weeks before he was murdered–were a cliché for all clichés: “we’ll do it next weekend, buddy, we’ve got all the time in the world.” I couldn’t hear the clock ticking. I wish I’d listened closer.
And for that I hated Mauriceo and his gang even more, and for a long time. But 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.

There’s some big names urging Texas to reconsider too. Jimmy Carter and Desmond Tutu are both asking for the execution to be stopped. The former Bexar County D.A. has written to the Texas Board of Pardons and Paroles.

August 27, 2007
Texas Board of Pardons and Paroles
P. O. Box 13401
Austin, Texas 78711-3401
RE: Kenneth Foster

To the Honorable Members of the Board:

I am writing to urge you to recommend clemency in the Kenneth Foster case.
I am no wild-eyed, pointy-headed liberal. I am the former elected Bexar
County District Attorney (1983-1987); I am responsible for the prosecution of
more than a few death penalty cases, all of which produced convictions and

Because you have been buried with letters from throughout the world, I will
not rehash the facts and legal problems with the case in this letter; they
are obvious. There is nothing I can say about the legal issues or evidence
that you have not already heard ad nauseam.

Fortunately, I was no longer the Bexar County District Attorney when this
horrible crime was committed. Had I been, there is every likelihood that I
would have decided to seek the death penalty against Foster–because I could
have done so–and that would have been a mistake. With the benefit of 20
additional years of life experience, I now believe that no useful purpose is
served and it is morally wrong to execute a person based on nothing more than the
law of parties.

Is there no limit to our lust in this state for retribution? How many people
must we execute for this crime before justice is served? Having already
executed the shooter, what benefit results from the execution of someone who
was simply nearby and had no idea that a murder would be committed? As the
civilized world watches in amazement that a single American state has executed
400 people in the last 25 years, what does it say about us if we are willing
to execute someone who was in the car when this horrible crime was committed?

Surely, there is a limit to what we are capable of in this state.

There are tough cases and there are easy cases. This is an easy case. If we
can’t say no to execution in a case like the Kenneth Foster case, there is
no practical limit to our thirst for vengeance. I urge you to recommend that
the Governor grant clemency in this case.

Sincerely yours,
Sam D. Millsap, Jr.

His eleven year old daughter doesn’t understand this either.

NYDESHA FOSTER: When somebody is a big part of your heart, like my father is — I mean, my father is more than half of my heart. I mean, I love him so much. And if the State of Texas kills him just for driving a car, it’s like you’re killing my heart. It’s like you’re killing half of me. It’s like if you execute him, you might as well execute me, because of the type of things and the could-have-should-have-known stuff, and it’s just how the Texas Law of Parties, they just really need to take the time to listen, and my dad probably would not be in the predicament that he is in, if the Law of Parties would take the time to listen to us.

Today’s planned protests are:

Austin, Thursday, August 30, 5:00 PM, Governor’s Mansion (Lavaca at 11th)?EXECUTION PROTEST AND VIGIL?Even in the eleventh hour things could turn for Kenneth. If you can’t make it to Huntsville, come out to stand with others against the execution.

Thursday, August 30:
3pm-7pm: Protest the execution of Kenneth Foster Jr outside the Ellis Unit in Huntsville Texas. Groups from all over the state will converge to stand against this injustice and demand until the very end that the State of Texas do the right thing and stop this execution.


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