Texas is about to execute a man based on a law that makes no sense.

[marmar]

from TomPaine.com:


An Illogical Execution
Christopher Hill, TomPaine.com
August 29, 2007


Christopher Hill is the Capital Punishment Project State Strategies Coordinator for the American Civil Liberties Union.


Kenneth Foster, Jr. is scheduled to be executed on August 30 for the murder of Michael LaHood. This execution will take place even though Foster did not kill LaHood and did not intend that LaHood be killed.

As detailed in a Fifth Circuit U.S. Court of Appeals ruling, on August 14, 1996, Foster went against his own logic and drove his grandfather’s rental car with three friends as they committed a series of armed robberies. Statements from one of the passengers, DeWayne Dillard, confirm that Foster wanted to stop the robberies. Fosters’ logic told him to take the car home. He didn’t.

According to Foster, he thought that what he was doing was disrespectful to his grandfather. Instead of going home, he kept driving. He had no idea that one of his passengers, Mauriceo Brown, would jump out of the car with a gun and kill Michael LaHood. All of the passengers eventually said that they did not know what Brown would do. Even Brown said that there was no intent to kill anyone. After the shooting, Foster’s logic told him to drive away. He started to leave but the passengers told him to wait. He did.

Now, Foster is facing a death sentence because of something completely illogical in the law—a person can be executed for murder even though he did not murder anyone and did not intend that a murder take place. .....(more)

The complete piece is at: http://www.tompaine.com/articles/2007/08/29/an_illogical_execution.php

[DangerDave921]

1. Very Common

This is actually a very common, and long-standing, principle of the law. A person is deemed to be responsible for murder if someone is killed during the commission of a felony. If a group of five guys go into a bank to rob it, and one of the five shoots a teller (even accidentally), all five can be charged with murder. The logic is that if a group of people decide on a common scheme, they are all responsible for what happens during the commission of that scheme, even if that's not what was originally intended. Otherwise, every one would be claiming innocence because they allegedly had no idea that the one guy was going to shoot someone. It's a deterrent to prevent people from getting mixed up in conspiracies and group-felonies.

Sad situation if he really had no involvement in the murder. But he did willingly agree to participate in a series of armed robberies. You take that risk, you have to accept the penalty. But I think a lengthy prison sentence would suffice.

[rocktivity]

2. Yes, it's called third-degree or felony murder.

And let's say that there's a sixth member of the bank robbery gang--a "wheel man" who never sets foot in the bank, but waits outside with the motor running. He's charged with the felony murder that took place in the bank though he wasn't even there. But he should look on the bright side--if the driver should cause a fatal wreck or hit-and-run while he's making the getaway, his five partners would ALSO be charged of felony murders of the victims!

:(
rocknation

[MUSTANG_2004]

23. Right you are

Clearly he played a role in the murder and should be punished for it. The problem is that given the level of his involvement in the murder the death penalty is too severe.

[deadmessengers]

3. I have a problem with the DP, but not his conviction

This guy richly deserves the absolute maximum punishment our government will allow. Felony murder statutes are fair and just, and I have no issue with this guy being thrown in jail for the rest of his life. I just don't think that maximum punishment should include the death penalty.

[rocktivity]

4. DING DING DING! Deadmessengers, you're our grand prize winner!

...I have no issue with this guy being...in jail...I just don't think that maximum punishment should include the death penalty.

A legitimate argument could be made that if someone here HAS to get the death penalty, is should be the actual shooter. But no, he certainly has no grounds for being freed.

:headbang:
rocknation

[Middle finga]

5. Texas is so backwards, we should give that state back to Mexico

with half of the people in it

[PDittie]

6. Pass.

Where you from, by the way? (I'd like to post something stupid and nasty about it. Nah, not really.)

But you know, if you were really all that tough, you'd move down here and help us turn it blue. Or failing that, maybe be a bit more supportive of that "half" you wouldn't deport.

[Middle finga]

13. what do you need me to do to help out

we need to get a handle on texas' fetish for the death penalty. You guys make communist china seem reasonable.

[PDittie]

17. Thanks for asking. You may begin by

following the instructions in this post and continue by laying off the Texas bashing.

Just put down the broad brush and back away carefully. If you feel compelled to post generalized ad hominem against the residents of an entire state then kindly go over to Freeperville and do so.

Thanks in advance.

[liberal renegade]

7. just give it back to Bush

and surround it with concertina wire.....

[PDittie]

10. No thanks.

Where you from, by the way?

[zonmoy]

22. wouldn't that be an act of aggression on our part .

definitely a good way to make mexico go to war with us. figure that the only place that you could give texas to that wouldn't make an instant enemy would be hell itself.

[onewholaughsatfools]

8. it's a texas issue, don't you agree

I say since texas is 51% mexican time in itself will change things and eventually they will be executing texians, now isn't that worth the wait........

[deadmessengers]

9. Mexico's more civilized than Texas

they don't do the death penalty there.

[Lisa0825]

11. No, they just massacre protesters.

:eyes:

[nofurylike]

12. thank you for posting this, marmar. i'm sorry people can be so

ignorant and self-righteous.

some just never get the concept of "there but for fortune (or, by the grace of god) go i,"

until they are in the desperate position.

i suppose none of them ever acted under fear of peer pressure. i assume none of them were ever under gun-backed peer pressure. then they'd all be so brave, ah?

hey, folks: there but for fortune go you!
compassion is maturity.


thanks, marmar. please keep on!


peace and solidarity!

[nofurylike]

14. "(He) may in fact have evidence to demonstrate that

(he) acted against the crime."


Lawmakers Ask Perry To Save Man From Execution

August 29, 2007
8:29 pm CDT

http://www.ksat.com/news/14008108/detail.html

SAN ANTONIO -- A host of state lawmakers came to the defense of a man Wednesday who is scheduled to be executed on Thursday in Huntsville for a 1996 murder.

-snip-

Rep. Ruth Jones McClendon and Rep. Mike Villareal disagree with the sentencing and sent a letter of clemency to Gov. Rick Perry signed by them and four other representatives to plead for Foster's life.

-snip-

"We should take extra careful attention in deciding to murder somebody -- execute somebody -- who did not directly murder another person," Villareal said. "(He) may in fact have evidence to demonstrate that (he) acted against the crime."

-snip-

There has been no word yet from Perry's office.

***

also:
Reps. Harold Dutton, Donna Howard, Alma Allen, and Eddie Rodriguez signed that letter.

other representatives, including Reps. Sylvester Turner, Helen Giddings, Dora Olivo, and Elliot Naishtat, Lon Burnam and Jessica Farrar signed or sent letters asking for clemency.


also posted in Texas forum:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=180x45766

thank you to all who caled legislators!


peace

[BobTheSubgenius]

15. Consider the case of Gary Graham.

Little would surprise me on this topic, sadly.

[Vidar]

16. Judge Roy Bean's moral justification for hanging a man: " He needed hanging."

[PDittie]

18. Loved that movie.

"Life and Times of Judge Roy Bean" was Victoria Principal's debut, BTW.

[Vidar]

19. I lived lived and taught in Texas for one miserable year. That movie (Judge

Roy Bean) sums up that wretched state on many levels.

[PDittie]

20. In that case

we're glad you're gone, too.

BTW, Kenneth Foster's sentence was commuted:

http://www.chron.com/disp/story.mpl/front/5095416.html

[Vidar]

21. Glad to hear it. Thanks.