I spent my train journey home tonight writing a furious diatribe to the state of Texas on the death of Kenneth Foster. It was probably the angriest thing I’ve ever written, and I was fully prepared to throw it on the blog tonight as soon as I got the news I had been dreading.
Kenneth’s death sentence was commuted to life by Governor Rick Perry this afternoon, on the day he was scheduled to be executed.
I’m a little drunk and a lot emotional at the incredible news, so I’ll let Michael Graczyk of AP take up the slack…
HUNTSVILLE – Gov. Rick Perry accepted a recommendation from the state parole board and said today he would spare condemned prisoner Kenneth Foster from execution and commute his sentence to life.
Foster had been scheduled to die tonight.
“After carefully considering the facts of this case, along with the recommendation from the Board of Pardons and Paroles, I believe the right and just decision is to commute Foster’s sentence from the death penalty to life imprisonment,” Perry said in a statement.
“I am concerned about Texas law that allowed capital murder defendants to be tried simultaneously and it is an issue I think the Legislature should examine.”
The seven-member parole board had voted 6-1 to recommend the commutation.
Perry did not have to accept the highly unusual recommendation from the board whose members he appoints.
Foster was the getaway driver and not the actual shooter in the slaying of a 25-year-old man in San Antonio 11 years ago.
Foster acknowledged he and his friends were up to no good as he drove them around San Antonio in a rental car and robbed at least four people 11 years ago before the slaying of Michael LaHood Jr.
“It was wrong,” Foster, 30, said recently from death row. “I don’t want to downplay that. I was wrong for that. I was too much of a follower. I’m straight up about that.”
Kenneth’s commutation is of course just the tip of the iceberg. 5 men are scheduled to go under the needle next month. Texas is still head, shoulders, chest and belly above every other US state in the numbers of men it sends to the death chamber every year. The fact that Rick Perry has seen sense in a case that reverberated around the planet should not make this the end of the story. I should of course mention that Gov. Perry also mentioned the Law of Parties in an aside as something that needs to be looked at by the legislature. I absolutely applaud that move, as Texas is the one state of the union to feel free to use that controversial ruling in capital cases.
Don’t stop the signal. Keep an eye on the shenanigans of them crazy Texans by visiting the Texas Moritorium Network, campaigning to end the death penalty in Texas.
Yippeekiyay, melonfarmers.

