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This Thursday, the State of Texas is going to execute Kenneth Foster, a man who didn’t kill anyone. James Rucker of ColorOfChange sends this (via email):
On August 15, 1996, Maurecio Brown got out of Kenneth Foster‘s car and killed Michael LaHood. When the shots were fired, 19-year-old Foster was in the driver’s seat, over 80 feet away, and had no idea that that LaHood was about to commit murder. Foster was no angel that night. Earlier, he had drunk beer, smoked marijuana, and waited while Brown and other friends got out of his car to rob people at gunpoint, twice.
Brown was executed on July 19, 2006 for LaHood’s murder. If Foster didn’t kill LaHood, why is Texas trying to execute him? It’s the “law of parties,” which states that a person can be held responsible for a crime committed by someone else. Texas is the only state where the law of parties applies to capital cases, where someone can be executed because of someone else’s actions. In this case, the prosecution claimed that Foster was guilty because he “should have anticipated” the murder.
In 2005, a U.S. District Judge ruled that the Law of Parties had been misapplied, violating Foster‘s Eighth and 14th Amendment rights, and overturned his death sentence. But a federal circuit court overruled that decision, so now Foster‘s fate is in the hands of the Texas Board of Pardons and Paroles. Unless the Pardons Board acts, Foster will be killed by the state for failing to read Maurecio Brown’s mind.
The Pardons Board rules today. If they recommend commutation of Foster‘s death sentence, Gov. Perry decides Foster‘s fate. The Pardons Board rarely commutes sentences, and Governor Perry, citing strong support in Texas for the death penalty, did not uphold the only commutation recommended during his term (he has overseen 159 executions since 2000).
Even though the odds are against Foster, we know that public pressure can make a difference. Every ounce of pressure could help.
Sean-Paul Kelly of the Agonist was a good friend of Michael LaHood’s. You can read his impassioned plea to help Kenneth Foster here.
Texas prosecutors are trying to use the ‘law of parties” to “widen the net for capital punishment.” A Dallas Morning News editorial board states “Not a Killer: Kenneth Foster does not deserve execution.” The ColorOfChange folks are asking that people call the Governor at 512-463-2000 and the Pardons and Paroles Board at 512-406-5852 and ask them to spare Foster ‘s life. Then email calls AT colorofchange DOT org to let them know that you did.
(photo of Kenneth Foster with his girlfriend Nichole and their daughter Nydesha)
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ein?
400th in texas, isn’t it?
hmm, maybe that’s where Fredo is headed?
Hello Jane…
They just love executing people in Texas.
single digits
Biodun @ 5
It’s obscene. They can’t seem to wait to shove people in the chamber.
Brown was executed on July 19, 2006 for LaHood’s murder. If Foster didn’t kill LaHood, why is Texas trying to execute him? It’s the “law of parties,” which states that a person can be held responsible for a crime committed by someone else. Texas is the only state where the law of parties applies to capital cases, where someone can be executed because of someone else’s actions. In this case, the prosecution claimed that Foster was guilty because he “should have anticipated” the murder.
In which case, we should haul everyone who voted for the murderous George W. Bush to Texas, and stand them up on trial. They’ve all sat in the car waiting – gleefully, even – while W has murdered 3/4 of a million Iraqis and 4,000 young Americans.
Biodun @ 5
It still gives Bu’ush a chubbie.
Isn’t this Administration and its minions’ appetite for more and more facile killing off of “undesirables”…a little… terrifying!!!!!!!!???
Subtle genocide? Sometimes not so subtle.
AHHH, this is the post I saw briefly yesterday.
ET @8?
BINGO!
The French “philosopher” Bernard Henri-Levi wrote a book decades ago titled Barbarism au visage humain. Translation: Barbarism with a Human Face.
My sister-in-law has a bumper sticker that says, “Why do we kill people who kill people to show that killing people is wrong?”
I guess that needs to be amended if we’re killing people who just know someone who killed someone.
How is it that Republicans get away with branding themselves as the “moral values” party. This certainly goes against anything that can reasonably be construed as “morality.”
It certainly doesn’t fit in with any Christian values either if you confine the term “Christian” to anything remotely tied to the teachings of Jesus.
The headline sums it up well. This is simply barbaric.
ET @ 8
HEAR! HEAR!
Ed*ard Teller @ 8
*snort*
(proud voter of Gore then Kerry tyvvm)
From the land of EPU:BigMitch @ 133
SufiLizard @ 13
I have one question to the murderous ‘Christians’ in Texas….WWJD????
Texas: Headquarters of the western branch of the Bush crime family, the JFK assasination, Texas justice, pollution, yahoos, the Cowboys, etc.
I’m sure Texas has its good points, but if I never get there I won’t be too disappointed.
This sordid tale is just further evidence that we should allow Texas to become its own republic again like it was from 1836 to 1845.
I have had the experience of hearing a jury pronounce the words guilty to a defendant charged with first degree murder, who I was tasked with defending. I believe with every fiber of my body that he was innocent. If you don’t think that experience leaves a lifetime scar thn, you don’t get the picture.
Pro-capital punishment advocates say I would feel different if someone I love were murdered. I answer by saying that my grandmother was the victim of murder.
Thank God there is no capital punishment in Alaska.
Mitch,
I’m in Sitka. I got an e-mail from Anchorage saying that Mike Gravel endorsed Diane Benson for Don Young’s seat at a fundraiser for the Alaska Democratic Party on Monday evening. Do you know anything about that? It might be so, because the Party was promoting the fundraiser all over the place on the web before it happened, but hasn’t commented on it at all since the event occurred.
Big Mitch @16: “The significance is that someone was taking great care in this matter. It is unlikely that the prosecutor re-typed the agreement, and ommitted this important waiver of rights. This suggests that the REPUBLICAN Senator was represented, and trying to downplay this fact or consciously mis-represent it.”
What continues to bother me is how this story stayed under the radar for so long. There is at least a side story here that could be juicy. Police departments and courthouses are loaded with dime droppers. There are also public records involved. Even with a US Senator involved these things get out and fast. Why didn’t that happen in this case? Hopefully there are some hungry reporters in MN that are sleuthing and sniffing away.
Usually, people who support the death penalty are also likely to be “pro-life.” I’ve often wondered about that paradox.
Biodun @ 23
Agreed. Of all the prolife people I know, only *one* is also anti death penalty.
“Prolife” applies only to pre-birth.
Biodun @ 23
No, I think actually they are “pro-fetus” not “pro-life.” Big difference there.
I was born in Texas and have lived here most of my life. I understand and agree with most of the disdain. I only ask that you remember that although the Republicans control everything except Travis County, there are till about 40-45 percent of voters who vote against them every time. Also, I mention Ann Richards, Molly Ivins, Jim Hightower, and past Texans who did a thing or two for the right causes, Sam Rayburn, even LBJ, etc.
I called today. Please, folks, even if you live out of state, call.
They just love the power of killing people, huh?
Like you said, Nemo.
dakine01 @ 26
Maybe they regard the fetus as a potential voter; a felon is no longer potentially useful.
dakine01 @ 26
Amen. To quote George Carlin: “If you’re pre-born, you’re fine; if you’re pre-school, you’re f***ed.”
Nemo @ 25
or “Pre-life” maybe?
I will never visit the state of Texas or have anything to do with it if I can help it.
That includes buying anything from the state or made in the state knowingly.
I will not support that kind of mentality.
pma @ 27
And there’s Austin, TX!!
pma @ 27
and pma!!
Nemo @ 25
“Prolife” applies only to pre-birth.
and Terri Schiavo.
dakine01 @ 26
And pro-control. Control the actions and lives of others.
Ed*ard Teller @ 8
durn
beat me to it
From the Austin American-Statesman: LINK
Diane @ 33
Unfortunately, that same mentality exists in all of the states to differing degrees, but it is there.
The ColorOfChange folks are asking that people call the Governor at 512-463-2000 and the Pardons and Paroles Board at 512-406-5852 and ask them to spare Foster ’s life.
If I tell them that it’s the Pope calling, do you think it would make a difference?
I have to go back yet and read the post, but I thought I’d update because the Center for American Progress site has a really good slide show and info about NOLA. The end of the discussion I referred to on the last post they said that transcripts would be available on their site, so I went there to look and also found the NOLA info.
Nemo @ 25
Nope. Not for pro-life people, who believe that life begins at conception.
jayt @ 41
No but it might screw heavily with their heads.
Do it!!!
dakine01 @ 26:
See my comment @ 43.
Ben Sargent cartoon about Texas Justice:
Hang Em High!
Biodun @ 43
Red Herring, anyway. The only salient question is: when does constitutionally protected “personhood” begin?
Ed*ard Teller @ 21
Hi. I didn’t hear a thing.
momly @ 44
Actually, if I’m gonna impersonate anyone, I’m thinking that a call “from” James Dobson might be more effective.
Texas is the crime free paradise of the US because executions stop all crime. At least that’s what the Republics say.
I love Austin and San Antonio. Have spent some time at both. I could live easily in those two places, but not the rest of Texas.
landofthefree @ 37
If Bush had his way, they’d do away with the electric chair and install an electric bench.
ha, ha, ha…portrait of W made up of porn clips..:
http://www.theregister.co.uk/2…..it_rumpus/
Biodun @ 43
Ah, that is true, Biodun.
PB (peanut butter) @ 34
Just an fyi, Austin is in Travis Co.
epu’d, but for those who wish to add the tang of DiFi and Bushie uber-fraud to the acrid smell of Texas’
slaughterhousesdeath house.kirk murphy @ 145
ccmask @ 53
Personally I believe he’s been dreaming of an electric bus….
Badwater @ 50
So now they resort to executing people who didn’t actually commit a crime. This is why I have always been a strong advocate of televised executions.. I think every single execution should be broadcast on every station..even in elementary schools. We the people must face the brutal reality of our decisions not be sheltered from from them.
Biodun @ 51
Well there are a fair number of South Central Texas ‘Pups floating around…
Eureka Springs @ 59
The trouble there is that too many people would come to celebrate the occasion and make it a big party. think a version of Super Bowl Sunday meets that old short story “The Lottery.”
Kind of a return to the days of the old west when “Hangin’ Day was a holiday that drew the surrounding countryside in for all the business people.
So now they resort to executing people who didn’t actually commit a crime.
oh, it *is* a crime; it’s called accomplice liability. The classic example is that the driver of a get-way car used in a bank robbery is just as guilty as those who went inside the bank to do the actual robbery.
The problem here is that Texas has *imputed* the intent to kill (which is a neat little legal fiction) to a man not proved to have any actual knowledge of the intent of his co-defendant.
ok pups – how dare you castigate the safest state in america!! i mean after all those executions why it must be heavenly living in that grime-free state…
“I want you to know that I have no reticence, no reluctance, no hesitation to use the tool of impeachment … whenever I feel that it is appropriate,” Conyers said. “I only wish that I could be moved by a lot of people coming to my office.”
http://rawstory.com//news/2007….._0829.html
So Conyers, I’ll bet if the people killed during Katrina could come back to life, they’d be banging your doors down to impeach the bastids.
Thousands of dead American citizens here and around the world, died and are dying based on lies told to Congress and the country, that is grounds for impeachment.
dakine01 @ 61
“The Lottery”…I hadn’t thought about that story for years.
The movie “The Running Man” comes to my mind too.
Jane, shouldn’t that be ‘cloaked’?
uhhh that should read CRIME-free state
called … hope everyone is calling
Sufilizard – not sure if you know the song that includes that line – Holly Near’s Foolish Notion
jayt @ 62
I forget the young woman’s name in Denver but she was recently released from a Life Sentence because she had been an accomplice to a guy who went bat sh*t crazy. She was under arrest and in the back of a police car when he shot a couple of officers and was initially sentenced to life iirc.
She was Hunter Thompson’s final cause celebre.
At least we would know who supports such behavior. We would have youtubes of young judges or young politicians who used to celebrate executions at frat hangin’ parties, we would know who shows up from what church in celebration of executions.. etc. etc. Parents would know what other parents in their community don’t mind a good execution now and then.
Did anyone read the comments left at Sean’s shop by the pro-death guys like Dudley Sharp? The fact that the death penalty states are generally a) ones with high amounts of poor people and economic-related crime, b) ones where the white population votes for candidates that promise to keep the nonwhites down and poor, and thus c) proof the death penalty doesn’t do diddly to lower crime rates, just somehow seems to escape them.
Prison Stats…
Report: 1 of Every 75 U.S. Men in Prison
STATES WITH THE DEATH PENALTY VS. STATES WITHOUT
jayt @ 62
So considering the ever expanding definition of Texan of “accomplice liability” is it conceivable that some day a person who is on the sidewalk watching the crime unfold would be liable for that special consideration?
There is a typo in the story.
In part it says :
I think that part should say :
“The first lesson of democracy is not to hold the public in contempt.” – Ronnie Earle
Thunderbird @ 19
That is the best idea in recent memory. If only we could be free of Texas – a barbaric place if ever there were one.
katymine @ 72
Yup. Because the real issue is that the root of the vast majority of crime is — ta-dah! — poverty. And the death-penalty states are generally poorer than the non-death-penalty states.
Rather than, y’know, provide ways out of poverty that don’t involve electric chairs and pine boxes, the death-penalty states would rather kill their poor people — quickly, or by malignant neglect (see post-Katrina New Orleans).
adkay @ 28
Thanks, adkay.
states with the most executions?? would that be texas or florida? and hows that working for them hmmmmmm
If Texas keeps expanding “accomplice liability”, at what point may the pro-murder voters be turned over to the custody of the International Human Rights Tribunal?
Yesterday is fine by me…
I just called the Gov’s office. The woman I spoke to was very polite and said she would “put down” my request.
I hope she didn’t mean “put down” as in “euthanize.”
Executing somebody on a technicality, which is what this is, is a little extreme even for Texas. The robes of justice aren’t black here.. they’re the white sheets (and pointy hat) of justice…
Also, from the same general geographic region (to my mind), aren’t there also those (black, needless to say) teenagers in Jena, Louisiana who’re facing 10 years in jail for protecting themselves from high school bullying, in a way in which nobody got hurt (a terroristic act)? Or the (black) former athlete in Georgia who’s been jailed for years for having consensual sex?
There’s something really really wrong here. Compassionate conservatism.
So considering the ever expanding definition of Texan of “accomplice liability” is it conceivable that some day a person who is on the sidewalk watching the crime unfold would be liable for that special consideration?
there is no duty for an otherwise uninvolved citizen to attempt to prevent the commission of a crime. But – you asked about *Texas*, right…? (the state where the executioner probably has carpal tunnel syndrome from the repetitive administration of lethal injections…)
Sparkles the Iguana @ 80
Just don’t plan to go visit Texas in the near future to be absolutely safe, okay?….
Tick Tock @ 73
Yes, eventually, with passage of the ‘right’ law or institution of an executive order.
Hmmmm….the label enemy combatant comes to mind.
Another life-long Texas resident here…
Governor Good Hair will never commute this guy’s sentence. You’d have thought we would learn our lesson after electing the decider as governor, but we managed to follow that up by electing someone even dumber.
Sad.
Blub @ 81
Nope…RACISM
daCascadian @ 74
FYI: Ronnie Earl is the Travis County District Attorney who postponed retirement to file the charges which ultimately forced Tom DeLay to resign.
Phoenix Woman @ 72
I also see it as a form of ethnic cleansing…
68 percent of prison and jail inmates were members of racial or ethnic minorities
This is a very good book on this general subject: Prison Nation: The Warehousing of America’s Poor . (I picked this link up by first going through FDL’s book salon link, so this link *should* preserve the proceeds to FDL thing if you buy this, even though it’s not a featured book. No guarantees, though, Amazon may have changed how they do this in the last few years…)
ticktock @ 73
Only if the witness in question is also committing the offense of using a public sidewalk while black.
katymine @ 88
Facism…prisons…death…ethnic cleansing..disappearing civil rights…
I do not support the death penalty, but I confess that I am a Texan and a lawyer. It pains me to say this, but I think that this article is very misleading. In particular, I do not believe that the statement that Texas is the only state where someone can be executed because of someone else’s actions is true.
There are two principles at work here that are the same in just about every State, conspiracy and felony murder. To convict Mr. Brown of capital murder, all you would have to do is prove that he was a conspirator in the robbery of Mr. LaHood. I have never heard of the term “law of parties”, but I believe that they are referring to conspiracy. The felony murder principle is that if you intend to commit one felony, robbery, and you kill someone, the intent element for murder is satisfied by your intent to commit the robbery. Felony murder is not unique to Texas. I am not a criminal lawyer, but I find it hard to believe that no co-conspirator has ever been executed in some other State besides Texas as a result of a conviction of felony murder. The law of this case, unfortunately, does not sound like it is unusual to most States with a death penalty.
Sparkles the Iguana @ 80
I got the same answer when I finally got through. Told the nice lady that my daddy was from Texas, and if daddy were still alive, he’d take her governor over the tailgate of his pickup truck and tan his butt until he couldn’t sit down for a week.
This saddens me so much. The thing that really gets me is that, reading a lot of the story in various places, people keep talking about how Foster wasn’t an angel, was violent, etc. That’s all well and good and is certainly a point on why he shouldn’t be released. HOWEVER, it has nothing to do with why he shouldn’t be DYING.
I don’t believe in the Death Penalty period, but even when I did, I never believed that accomplices should be executed. Was what Foster did wrong? Yes. Did he kill LaHood? No. Why is he being executed then?
It makes no bleeding sense.
Blub @ 90
Good one…
I believe the person “of color” or “black” should be applied to my argument…
Typo, I meant Mr. Foster, not Mr. Brown.
Blub @ 81
I recommend the Jena story to anyone who hasn’t read about it. It seems Jena High has a rodeo team, which is, I guess, where they got the rope.
http://www.npr.org/templates/s…..d=12353776
Just got off the phone with a male staffer for the Texas governor – after holding for eight minutes. He claims the best the governor can do is give a 30 day reprieve before he is executed. Claimed Texas legislators passed a law prevents a pardon, at least in this particular case. WTF?
until american really comes to grips with its inherent racism these stats wont change…
Austin Engineer @ 85
Rick Perry, another fine product brought to you by Karl Rove*.
When you need an a**hole candidate and you need one now, count on Karl Rove*. –
* now manufacturing solid gold pen*s accessories.
Edited and released by Mods
Ed*ard Teller @ 93
I know someone that occasionally comments here. He’s from Texas. I’ll email him this story.
Diane @ 33
When I moved to Ohio from NM, I mentioned to a co-worker something about the Kent State killings. “They deserved it,” she said.
It isn’t just Texas.
juslin @ 99
I agree and would add racism is an extension of class warfare. The two are inseparable, imo.
Totally OT:
From the Department of Unfortunately Chosen Headlines, NPR says, “Craig Arrest May Put Seat in Play”.
Ouch.
TRex @ 104
Unintentional? My ass…!
TRex @ 104
You just couldn’t stop yourself, couldya TRex?
TRex @ 103
Punaise is on NPR?
TRex @ 104
And don’t forget to put the lid down.
TRex @ 103
Thanks TRex – needed a little levity after getting off the phone with Texas terminator governor’s office.
Diane @ 33 – I post here as ‘Diane’ – can you please change your name a bit so our posts don’t get confused. Thanks.
LS @ 40
Not in all and not always. The finding in Illinois that death row inmate after death row inmate had been wrongly or incorrectly convicted shocked a lot of even death penalty supporters. It is one thing to support a system on the understanding that a punishment though harsh has been duly and fairly meted out, but it is something entirely different to realize that it has been so seriously and often abused and misused. Maybe the effect won’t last, but in Illinois first with a moratorium on executions and then a commutation of the sentences of death row inmates, the state has not fallen apart or been overrun by criminals. And I suspect that many Illinoians sleep a little better knowing that their state is not participating in such a grossly unjust punishment.
Who could? You might as well lock me in a room with a box of chocolate covered pretzels.
see my #66. can we get somebody to fix that headline? It’s bugging me!
Sorry, clearly I’m AR.
TRex @ 104
*rimshot* Thank you, try the veal!
TRex @ 104
Nasty bad naughty boy….
pma >
Yes, I am a fan of Mr. Earl & all those like him that take that ole piece of paper called the Constitution as something other than just some ink scratchings on a piece of paper.
Bless em all !
“Being called partisan and vindictive by Tom DeLay is like being called ugly by a frog.” – Ronnie Earle
Hugh @ 111
FYI – The moratorium was issued by the newly-sentenced and former Gov. George Ryan. He’s big league Republic. He is a nasty man except for this one very important decision. I’m still amazed that he pushed so hard for it. In fact, his all out support for it is probably what got him indicted for crimes that every governor I know of has committed. Nonetheless, I hope the moratorium remains forever. Lots of overturned sentences here in Chicago, oh, I mean, Illinois.
Biodun @ 51
We’re visiting there next weekend. I’m giving a paper at Austin. Jamie Galbraith is hosting. Looking forward to seeing both cities, as my great great grandparents were part of the German immigration there in the 1830s. New Braunsfels, I think.
As to the case at hand: racism, pure and simple. Got to keep those darkies in their place.
Hugh @ 111
We’ve had a few high-profile instances of wrongful convictions in murder cases here in Canada. Executions of the wrongly convicted do a several things – punish the innocent, obviously – but also keep the errors and abuses of police, prosecutors, lawyers, and judges from seeing the light of day – and creating the conditions under which these injustices can continue unseen and unchecked.
Apologies for the attempt at humor earlier on what is a very serious topic. Called the Parole Board number and based on the polite and efficient manner in which my call was dealt with — not to mention the two “busy signal” tries — I’d say that the pups are on the phones this afternoon with Texas. Thanks for the post, Janester.
randiego @ 113
Thanks!
This isn’t my country anymore. whitenoiseinsanity ..a maine blog …has a contact Nancy Pelosi on her blog roll. It was very easy to email her…just did it. Asked if she was afraid that when we get our democracy back she would be tried for war crimes since our president is preparing to bomb another innocent country. With the Fla. ntl. guard going to DC…Iran just changed their currency exchange to the yen..something bad may happen if this mad man isn’t stopped.Iraq changed their currency exchange to the euro and made 17% more for their oil. Then WE felt the need to bomb the hell out of them. I am old..old ..old and having that contact Nancy Pelosi made so easy by whitenoiseinsanity is the reason I emailed her.
we shouldn’t be expected to know what our friends are planning to do, nor be held responsible for it… this is “justice” run amok…
OT – John Conyers stands up for impeachment – link
http://video.google.com/videop…..9028588216
BAY ST. LOUIS, Mississippi (Reuters) – The White House said on Wednesday it was disappointed in the growing scandal over the arrest of Republican Sen. Larry Craig for disorderly conduct in a men’s toilet at an airport.
snip
The president did not tap his foot and add that he stands next to him. And Craig is still not gay.
ccmask @ 125
I think people should mount a widespread astroturf disinformation campaign urging Larry Craig to stand and fight and not give in to mounting GOP calls for his resignation. Keep this millstone around the collective GOPerv neck into next year.
squid696 @ 92
That’s the case in Canada, too. My mother-in-law was brutally murdered (aren’t all murders brutal?)and her body was dumped on a dirt road a hundred miles from her home. The accused claimed someone else did it. But he also put himself on the scene of the crime (there was no forensic evidence), which made him liable for murder, for which he was convicted. The case turned on his presence and failure to act. As a matter of fact, he was lying through his teeth: there was no other person, but the conviction was based on his presence alone.
I called Perry’s office and spoke with the nice lady who tried to send me to the comments line, but I demanded to speak to a human being. I then spoke with a really nice young man, who said they are being bombarded with calls and emails at both Perry’s office and the Pardon’s office. He said that the Pardon’s office must recommend a pardon to Perry, who then decides whether to pardon. He also said to change the “law of parties” by legislation – to contact representatives about that. He said that Perry is given a daily briefing with lists of callers and comments. Perry is currently aware of the outcry.
iHeartFoulMouthedFemBloggers @ 126
Yes!
Made the call….
Hope for the best….
LS @ 128
Perry is sort of a dumb stubborn version of Bush.
Is it too late to give Texas back to Mexico?
I hear the Military is considering a massive airlift of the Taliban into Texas. The locals are concerned about their liberalizing influence on local politics.
I know there are good people in Texas. Apparently they don’t vote (or their votes aren’t counted.)
US would have been a lot better off if they’d just given up after the Alamo.
Slightly OT, but I needed to share with the animal lovers here:
Folks are taking the Michael Vick stuff (e.g., football cards), giving them to their dogs & letting the dogs chew ‘em up, and then putting them up for auction on e-Bay, with the proceeds going to the local shelter.
http://dailynews.att.net/cgi-b…..amp;src=apChewed Up Vick Cards Sell for $7400
1. Well, I imagine they’ll go ahead and give this guy the needle. I’m not a big fan of the death penalty; but this guy sorta knew that the guys in his car were doing a bunch of shootin’ & lootin’. Doesn’t make killing him “ok”, but he had plenty of opportunity to stop all the mess before LaHood got killed.
2. For those of you who enjoy going overboard and turning this into a general “let’s bash Texas” circus….that’s cool. It takes a special breed of person to be a Texan. Ya’ll just don’t qualify. So be my guest and remain in your own pathetic state.
3. Someone mentioned Travis County as Blue. Let’s not forget, per the 11/06 elections, my fine county of Dallas is also BLUE! Been awhile since the D team got back into power. It’s all good.
Finally: HOW BOUT THEM COYBOYS!!!!!!!!!!!!!
Ghostman
That’s the case in Canada, too. The case turned on his presence and failure to act. As a matter of fact, he was lying through his teeth: there was no other person, but the conviction was based on his presence alone.
IIRC, there is no death penalty in all of Canada. During some visits to Canada, I’ve paid some attention to the news. It seemed to me that prison sentences were rather shorter than those for similar crimes in the US.
Deighved at 132 — Do you actually know anyone from Texas? Because we have a LOT of readers from there, all of whom are working their asses off to change things. Ever hear of a sassy woman named Ann Richards? How about Molly Ivins? Both Texans.
You might want to take that back before the Texans who read here pile on your behind…I’m just saying.
Trashy, trashy bastards.
No other way to describe these people in Texas.
Public displays of blood lust are so unseemly.
retirin’ in five @ 120
thanks for making the effort, really appreciated
Pardons office call:
There is only one public line open, so if it rings busy, just keep calling. They are recording all of the messages on the computer and those messages are being sent to a Ms. Rodriguez who will “look” at them. The young woman who I spoke with does not know what happens after that, because she has only worked in that capacity for about 2 weeks. I could hear in her voice that she is concerned also, but she can’t talk about it obviously. She did say that the comments will be considered.
Christy’s upstairs…
Hi all. OT but important, please.
Could some kind soul please catch us up to date on the dKos virus situation?
In particular: any name attached to it, so-as to check our machine?
Thanks much!
Deighved H Stern MD @ 132
Don’t forget, it only took a small group of people to get us into the mess we are in nationwide…it was the same small group – and their “fearless” leader W, isn’t even from Texas!!
Adie @ 141
http://www.dailykos.com/story/2007/8/29/92114/6865
Hunter responds and gives the all clear with warnings
Christy Hardin Smith @ 136
I’ve got an aunt and uncle there who are among my favorite people in the world. That’s why I said “I know there are good people in Texas.”
I also know it is a small group, but in reflection, the corrosive and toxic effect of Texas oil, Lyndon Johnson, and the Bushes (yes, I know they are New England Bluebloods, but Texas was their political womb, like it or not) along with this ongoing slow mass murder they’ve undertaken over the past several decades is an awful lot to accept.
I applaud those who are trying to change things there. I wouldn’t live in the state to save my life. You are much stronger than I am…
I oppose the death penalty.
Here’s how the criminal law works, however, in most if not all states.
Example: A and B agree to rob a bank. It’s agreed A will drive, and B will perform the hold-up. A and B have done ths before, and no one’s ever been hurt.
B gets out of the car, goes into the bank with a pistol in hand, and shouts, “Listen up! This is a fucking hold-up. Just cooperate, and no one will get hurt.”
Maizie, aged 82, who is in the bank to make a deposit, is so frightened, she suffers aa fatal heart attack.
Law: Both A and B can be convicted of “felony murder.”
It’s highly unusual and cruel that either A or B should receive the deaath penalty, however.
Even if we change one fact, and assume B shot and killed Maizie, it would be highly unusual and cruel for A to get the death penalty if he had no reason to believe B would do any shooting.
But, hey, it’s Texas (no offense intended LS, TexB, or anyone else).
Blub @ 81
Stop and recall that the robes of justice in Texas had Abu Gonzales in ‘em, staind beyond all recognition as honorably suited for the task. Justice in Texas is a misnomer as it is in all death penalty states as is the concept of civilization mis-applied. Contempt of court takes on a whole other gloss.
I probably shouldn’t even comment, and I see several people have given a good explanation of the law-of-parties/felony-murder principle.
And I have to say that facts as given here are a bit sketchy. Foster was one of the group that confronted Mike LaHood Jr in his own driveway (he was a high school or college student), for the purpose of car-jacking him. They had spent the evening robbing at least four other people. So Foster, and everyone in the car, knew Brown was approaching LaHood for the purpose of committing a crime.
They were most certainly all accomplices in the robberies.
I’m a bit ambivalent about Foster’s death sentence. Having been here at the time of the crime and the trial(s), I don’t see Foster as an okay guy who just got sucked into something he couldn’t foresee.
Any time you spend an evening robbing people at gunpoint, and you stay with the same group doing the robbing, and you then accomopany the person with the gun into a driveway, watch your buddy confront a person about to open his door and point a gun at him, you are reasonably expected to know he might get hurt. Or killed.
But I am abstaining from a conclusion here because Michael LaHood Sr. was at the time a well-known trial lawyer, and I had many cases opposing him. I like him. He is not visible in the current campaign, Michael Jr.’s mother ad brother are doing all the interviews, and I’ve lost track of Sr. since I no longer practice.
Just sayin’, if you think death is an appropriate punishment for murder, it may just be appropriate for the folks who were involved and knew very well what could happen. Foster did commit a crime, in fact, several of them, that night. FWIW.
Sorry, one addendum to my prolix post above – this case is really not about a “technicality.” Foster committed a crime. Whether anybody should ever be executed is one question; whether this person should be so punished for this crime is another. HIs claims not to have been able to guess his buddy would kill their robbery victim was never very credible, given their evening of robbery. That is a red herring. If you oppose ALL execution, that’s one thing. But don’t oppose this one on the grounds that he was convicted on a “technicality.”
I am against the death penalty in principle.
However, if there is a death penalty, this is not some sad case where an innocent is being railroaded.
As I’m sure others have mentioned above, the State has a strong interest in discouraging just this sort of situation: violent conspiracy crimes.
Organizing, demonstrating and protesting against the death penalty is a worthy and noble activity. Organizing and protesting the execution of a man who was clearly guilty of a capital crime, not so much.
Focus.
And by the way, I am an attorney, though not a criminal attorney. This is not a “technicality”, this is basic, well-established criminal law.
BigMitch @ 20
The fact that there is capital punishment ANYWHERE in this country is demeaning to all of us and a very sorry statement about the quality of humanity in the United States.
Gitmo just follows from this.
Gary @ 150
I have read a lot about this guy’s case and I don’t see the elements necessary to sustain a charge of conspiracy to commit murder let alone enough to sustain or even merit the charge of being a party to this murder.
I can understand if this was a robbery and the charge was elevated because someone other than one of the participants was killed in the act, but someone sitting in a car guilty of a capital offense when he wasn’t aware a murder was going to happen? And for this he gets executed?
The near-unanimity of opinion here that Foster should be spared is upsetting to me. Maybe because I’ve been the victim of violent crimes, several times, and I’ve witnessed close-up the mindless, animalistic cruelty that violent criminals are capable of inflicting on innocent people. I’m also a lawyer, so all these “technicality” comments really piss me off, the principles behind Foster’s liability are longstanding, well-established, and sensible. The fuzzy attitude displayed by most of the above commenters is a classic illustration of why it is so hard for me to get my right-leaning friends to give any credibility to the progressive community, a community that I regard myself as being part of. With one exception, however. I am hard-line when it comes to violent crime committed against strangers.
People, civilization cannot exist if the good people get murdered in the streets. Think about it. Here, you had a crew, a crew that was engaged in the repeated commission of armed robberies. Every single time a loaded gun is used in a crime, the criminal has decided that he is willing to have his victim die. Having a wheelman is an essential part of any crew’s operation. These people, and there are all too many like them, decided that they were going to accost strangers and take money from them, and if anyone resisted, as they had a right to do, they would be shot, followed by a quick getaway. That was their plan. If they got away, there would be no sense of remorse, not that it would help, from low-life animals of such character. But the pain to the victim and the grief and loss experienced by the victim’s friends and family would be profound and long-lasting, and their own sense of personal security would be forever compromised.
I say that animals like these armed robbers forfeit any right to be treated as human beings, they have chosen to be predators instead, and as such, they should be executed and forgotten as quickly as possible, provided that, as in this case, there is no issue presented as to whether the right defendant is getting executed.
The idealism displayed in the comments here is misplaced.
LS @ 142
Poppy may be a transplant, but Dubya is a West Texas cretin and his buddy in crime there, Cheney, had to change his address and where he voted to Wyoming before he could run as vice president due to the constitutional prohibition against both president and VP being from the same state.
So, even before the unconstitutional meddling of the Supreme Court in the Florida recount, this ticket and this presidency was starting out by lying to the people.
1. Texas Sucks.
2. Bush Sucks and everything Bush has done or allowed to be done sucks.
3. Republicans suck. It’s a dam shame the moderates let the Chislamofascists take over the party.
4. The government should not be allowed to kill people under any circumstance, notwithstanding that many people deserve it. Not a topic for debate or I go all Godwin’s Law on you.
5. The government should not be allowed to torture people, notwithstanding that many people deserve it. Also not a topic for debate or I go all Spanish (Catholic) Inquisition on you
6. Plenty of available jailspace if we force the government to free the nonviolent drug offenders and normalise medications (legalize drugs). Unemployment would SKYROCKET if this happened since it would precipitate the collapse of the Prison Industrial Complex.
7. Perhaps, if he hadn’t been DRINKING he wouldn’t have been acting so violently, but the write-ups will probably all note the marijuana use. This is blatant propaganda and should be screened from the story. Reporting the drinking is valid as it’s a known inciter of violence. Somebody has to stand up for folks like Peter McWilliams, who died choking on his vomit when the government denied his right to MEDICAL marijuana. Peter was a bigtime pot fan and extremely NONVIOLENT. The government killed him because of his pro marijuana stand and high visibility profile (Like Kibby e.g.) Sorry for the diatribe, but Peter was an early online friend of mine. His book, Ain’t Nobody’s Business – The Absurdity of Consensual Crime in America is a classic.
8. If you’re out robbing people at gunpoint with your hommies and somebody gets shot, it’s not an accident. You’re screwed. And as much as I am against the death penalty, there’s no way this fellow is going to attract enough ’sympathy’ for a public outcry. I’m not sure what it will take to turn the nation against the death penalty as a whole? Perhaps if the new AG summarily executes a smattering of Dem and Repug Senators for being a little too ‘antiwar’ we might get a chance to find out? He’ll have to at least off Warner to show how the new justice department isn’t ‘partisan’ like the old one.
Enjoy.
Dupe removed.
James at 152:
It is not “conspiracy to commit murder”. That’s why you’re not seeing the elements of that crime.
rather, he was involved in a crime spree with his co-conspirators, which society says he can reasonably be expected to forsee could result in violence and even death. And guess what? An innocent person was killed.
The law says (and this is not just Texas, but the majority of, if not all states) that he is culpable for the acts of his joint-venturers in these criminal endeavors.
If you want to get a better understanding of why this man was convicted of this crime, I suggest picking up a copy of any Criminal Law Casebook . . . you can get a used version (any edition from the last 5 years is fine) for a handful of change on Amazon or from a used bookseller.
This is NOT some technicality, and this guy has NOT been unjustly railroaded.
James @ 152:
For now, here’s some free reading:
http://en.wikipedia.org/wiki/Felony_murder
These crim law outines should also be helpful:
http://stu.findlaw.com/outlines/criminal.html
what can we do to help this guy on death row? I’ve skimmed lots and lots of commentary but did not see any links to something I could add comments or my esignture to?
“The idealism displayed in the comments here is misplaced.” I think it may be off the mark to call serious opposition to the death penalty. At base, it is rooted in the belief that human life is sacred. The bumper sticker says ” Loving one’s neighbor does not mean kiling them.” Basic humanism would value life enough to oppose state killing. There is not proof that the death penalty lessens crime, that is, or acts as a deterent. Look at crime in death penalty states such as La and TX. As said above, were the event of killing made public I think we would find the practice so abhorrent;it would be eliminated. The EU sent a letter to our Gov. Perry noting its injustice. The Gov. responded in a snarky fashion about our historical freedom from such interference from those in Europe. He overlooks the fact, even as he supports that the dp is “just”, that it is almost never imposed against the rich and those with sharp attorney. But look to the poor, uneducated, and go to court with Court-appointed counsel, yes, frequently will end up on death row. I oppose the sound of idealism. How about a basic civil right to not be killed by the state; to reject the barbaric eye for an eye; to realize that the justice systems make mistakes. I do not understand the TX clinging to the death penalty. I heard one of our TX Rep argue that Jesus supported the death penalty otherwise he would not have let himself be put to death. Now, I do believe stupidity can be found anywhere. Sister Helen is likely the most ardent current dp opponent. Idealism does not describe the death of her theological and moral commitment to eliminating this evil. Not least that the second killing does not seem to provide the expected “closure” or satisfaction that the victim survivors seek. More killing is just not the answer or the path to healing and peace.
To BHatten. You are obviously a thoughtful person with a good heart. But all life is not sacred. We sanction killing in many forms. The issue is, is it justifiable on the merits? Would you kill in self-defense, to save your own life or that of a loved one? If so, then you are agreeing that the attacker’s life has been rendered not sacred by his actions. If no, then I have no respect for you. I would kill an attacker, and I think society should kill its attackers. It is the only guarantee that they will never attack another innocent, and the lives of innocents are what is sacred to me. Death is a part of life, regrettable but sometimes necessary. The foolish consistency of idealism is what keeps decent progressives from being taken seriously. BTW, late term abortions also take a life.
To take your point, I cannot agree that the DP is justifiable. As far as the merit, I do not think a self-defense claim is the equivalent, or analogy, to post facto killing for retributive justice. Eye for eye, as I see it. The two, to me, are quite different fact situations.
Badwater @ 50
What IS the crime rate there and how does that compare to other states? How about for just violent crime or crimes using a firearm?
It makes no sense for them to be ‘pro life’ and ‘pro death’ except that the underlying idea is that they want to be able to say THEY control YOU completely, from birth to death. They say the Dems run a ‘nanny state’, but it’s the Repubs who want to manipulate and control everything…to fight terrorism I suppose.
Sickos.
Incidentally, everybody has got to see Michael Moore’s movie Sicko. It’s very good.
Margot @ 102
She may have thought that all who were killed had been in the large protest group. They weren’t. Ignorance is definitely bliss. Immorality is simply intolerable.
As others have said here – if you’re opposed to the death penalty on principal – then the facts of this case should be irrelevant.
Presumably you wouldn’t care if Foster had pulled the trigger himself, and laughed while he did it, and shot five other people that night.
The “technicality” he was convicted of is essentially felony murder. People are charged and convicted of that all the time.
The purpose of the law is to discourage just the kind of behavior that Foster was engaged in – being the wheel-man for a night of violent robberies and carjackings.
Perhaps the next car-jacker wannabe will have a harder time finding someone to give him a lift to the scene of his next crime.
If you want to know why the GOP can too often paint the Dems as ’soft on crime’, they don’t have to look much further than here.
Oops – obviously I meant ‘principle’, not principal. :)
To BHatten: You missed my point entirely. Your basic premise was that all life is sacred. My self-defense analogy was intended to illustrate the fact that your premise is flawed, because sometimes a person’s own actions render his life less than sacred. We all agree it is OK to kill an attacker, therefore we are saying that the attacker’s life is not sacred.
To MarkH: The left is just as incoherent about life as the right is. We oppose war and the death penalty on principle, but allow aborions for fetuses that are technically viable. If the left was truly principled on this issue, we would allow pregnancy termination only in the first few months.
The “justice” system in Texas is beyond barbaric. I wonder how many people have been executed that ended up being innocent? “Oops, my bad” just doesn’t cut it.
Texas needs to be carved out and set off on its own or give it back to Mexico. That is one state that I am not proud to say is part of our country.
I’d love to go to Austin, but on principal, will never again set foot in the state of Texas (unless it, unforunately, involves a layover at the airport).
To all of you that are bashing Texas about this, this is the wrong case to bash Texas about. Every State holds conspirators to a crime responsible for the acts of the other conspirators. Every State. Mr. Foster was involved in the armed robbery of several people that night.
Can any of you truly say that he had no idea that one of his partners who was ROBBING PEOPLE WITH A GUN that night might kill someone? Grow up. The idea that you can’t be punished for murder unless you intended to kill someone and you pulled the trigger is nonsense.
Conspiracy and felony murder laws are based on the idea that we don’t want people conspiring to commit armed robbery’s because things are likely to go wrong and people get killed. That is why we punish them the same as murder. If you don’t like Texas or the death penalty fine, but what Texas did here is no different than what many other States would have done.
Texas is the ONLY state that imposes the death penalty for “law of parties”. This is why it is so unfair. I understand that it is a big club for prosecutors. If you don’t testify we’ll send you up for murder, etc.
Breaking News
http://www.news8austin.com/con…..rID=191107
Board votes 6-1 to commute sentence. Now it’s all up to Governor Goodhair Perry.
John in Austin, you are incorrect. This use of the term “law of parties” is a red-herring. Here is a portion of the California Penal Code.
190.2. (a) The penalty for a defendant who is found guilty of
murder in the first degree is death or imprisonment in the state
prison for life without the possibility of parole if one or more of
the following special circumstances has been found under Section
190.4 to be true:
(17) The murder was committed while the defendant was engaged in,
or was an accomplice in, the commission of, attempted commission of,
or the immediate flight after committing, or attempting to commit,
the following felonies:
(A) Robbery in violation of Section 211 or 212.5.
Regardless, I am happy and frankly stunned to see that the Board decided to commute the sentence. This a a rare day for them.