Man Faces Execution Tonight in which All Agree He Did Not Kill Anyone

Where else? Texas. A man named Keneth Foster, 19 at the time in 1996 was up to no good in San Antonio the night of the crime. He was the driver for three other men comitting robbery. The shooter, Mariceo Brown, admitted to the killing and was executed last year. Brown, got out of the car. All the men agree there was never a discussion about killing anyone. Brown got out of the car to talk to a woman and got into an argument with Michael Lahood and shot him. According to reports Foster started to drive away, but the others in the car made him stop and waited for Brown until they all drove away.

The trial judge, the prosecutor, and the jury that sentenced Mr Foster to die admit that he did not murder the victim Michael LaHood. But, under a controversial "law of parties", in Texas an associate of a perpetrator can be found co-responsible in a capital case. The law imposes the death penalty on anybody involved in a crime where a murder occurred. This law is known as felony murder elsewhere.

Foster is a black man and the victim was white, the son of a prominent lawyer. The murder occurred as Foster was sitting in a car some 30 to 40 yards away with three other passengers – but prosecutors said there was a conspiracy to commit the crime and therefore he deserved a death sentence. Since Foster's original trial, the other passengers – none of whom was tried under the "law of parties" – have testified that Foster had no idea a shooting was going to take place.

Foster has been politically active on death row. He has organised fellow prisoners, becoming a leader in the anti-death penalty movement in Texas and starting a non-violent movement called Drive, to campaign over conditions on death row. Unlike most other inmates he had several years of college education before jail.

The Texas Court of Criminal Appeals denied Foster's final appeal on Tuesday. His last resort is Governor Perry, however this seems unlikely, as five of the seven Board of Pardons members must recommend clemency first.

Last week Texas executed its 400th prisoner since it resumed capital punishment in 1982.

Recently a friend of the victim has described the pending execution as vengeance and called for it to be halted. The LaHood family has so far not offered support to Foster's case. LaHood's mother said she supported the execution of the actual killer.

Felony murder is common in states. When such crimes as robbery, kidnapping, arson or other violent crimes are committed one can be held responsible for the death of another. The case law in federal court under the eight amendment, however restricts states from using this to put someone to death such as when someone is a minor participant in the crime.

Putting someone to death is the ultimate punishment a state can provide to its citizens. I do not support it in any case. The decision, however to put someone to death for the actions of someone else is vengeance, pure and simple. Let us hope that Governor Perry comes to his senses and saves this man who freely admits he was up to no good that night, but never had any intention to kill anyone. The shooter has paid that sacrifice, what is to gain by putting Mr. Foster to death? For more go here to Save Keneth Foster.

I do not recognize America anymore.