
Meet Kenneth Foster. He’s 31, and hails from San Antonio, Texas. Up until 1997 he ran a small record company, Tribulation Records.
On August 14th 1997, Kenneth was driving a borrowed car around the streets of his home town. With him were three friends, Dewayne Dillard, Julius Steen and Mauricio Brown.
The LaHood family are rich and influential, and Michael’s father an attorney who is highly respected in the Texas legal community. The family pushed for, and got, the result they wanted. Justice, if you like. Mauricio Brown was found guilty and executed for the crime in 2006. Dillard and Steen were given life sentences for their parts in the events, which is bad enough when you consider that they were in the car and 100 yards away from Brown at the time of the shooting. Brown himself has testified that the murder was unpremeditated.
But the worst part of the story is that Kenneth Foster, in the same car as Dillard and Steen, and equally unaware of what his homie was up to, was also sentenced to death.
In Texas, it now seems that being in the wrong place at the wrong time can kill you.
Kenneth’s downfall is The Law Of Parties, a Texan law designed to counteract conspiracy by charging accomplices with the same force as the main defendants. It’s at best a technicality, and at worst part of “the structure of the Texas’s legal system [that] makes it easier to sentence people to death”.(David Dow, founder and director of the Texas Innocence Network and author of Executed on a Technicality (2005).
In an August 10th editorial in the Galveston County Daily News, Heber Taylor writes “If people in Texas let Foster die, we’ll be putting our approval on the idea that it’s OK to use a law designed to punish conspirators even in cases where there’s no conspiracy. And we’ll be saying we’ll stretch the law in cases where we’re mad enough against one criminal but we won’t stretch the law in cases where we’re not that mad at his two riding buddies.”
Yeah, ok, admission of bias. I’ll put my hand up and say that I’m completely against the death penalty, and in this case it seems especially farcical. Kenneth Foster committed crimes that night in August, sure. And he should be in prison. But he should not be on death row, about to die for a capital crime of which no-one including the Texan Criminal Court believes he’s guilty.
If anyone can explain that to me, I’d be grateful, because it’s making my head hurt.
Read more on the case here. (including more from the two pieces I’ve quoted from above.)
