*SHOCKING* - USA will execute a man for the hell of it - MensTennisForums.com
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post #1 of 95 (permalink) Old 08-14-2007, 07:37 AM Thread Starter
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*SHOCKING* - USA will execute a man for the hell of it

http://www.thenation.com/blogs/actnow?bid=4&pid=221949

Kenneth Foster's Fate

In less than three weeks Kenneth Foster, an African American man sentenced to death in 1997 for the murder of Michael LaHood, is scheduled to be executed in Texas.

LaHood's actual killer, Mauriceo Brown, was executed in 2006. Foster, who was in a car about 100 yards from the crime when it was committed, was convicted under the controversial Texas state "law of parties", under which the distinction between principal actor and accomplice in a crime is abolished. The law can impose the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom, Brown, left the car, got into an altercation and shot LaHood dead. Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty.

Foster maintains that he did not know that Brown would either rob or kill LaHood. According to an Amnesty International investigation, there is evidence not heard at trial that the murder was an unplanned act committed by Brown, as the latter himself claimed before his execution.

In 2005, a federal district judge found a "fundamental constitutional defect in Foster's sentence" and ruled that Foster's jury had not been asked to determine if he had any intent to kill LaHood, and that this failure represented a misapplication of the law. However, the state of Texas appealed to the Fifth Circuit Court of Appeals, which overturned the decision.

The crazy thing about this case is that no one argues that Foster killed the victim. As the Fort Worth Star-Telegram's award-winning columnist Bob Ray Sanders wrote, the case "is further proof of how cruel, capricious, unjust and utterly insane our death penalty laws have become....Because of this tainted system, whether you believe in capital punishment or not, a man who did not plan or commit a murder will die August 30 unless somebody -- a judge, the Board of Pardons and Paroles and/or the governor-- has the heart and the guts to stop it."




Eveyone please go to http://www.freekenneth.com and post a message of support in the guestbook, or better still write to members of the Texas Legislature - you can do this on his homepage.
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post #2 of 95 (permalink) Old 08-14-2007, 07:55 AM
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Re: *SHOCKING* - USA will execute an innocent man

What a total joke

Sometimes my country is just :retard:

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post #3 of 95 (permalink) Old 08-14-2007, 07:58 AM
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Re: *SHOCKING* - USA will execute an innocent man

This is terrible
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post #4 of 95 (permalink) Old 08-14-2007, 08:10 AM
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Re: *SHOCKING* - USA will execute an innocent man

The danger of killing somebody innocent who did not do what he is accused of is the main reason why I am generally against the death penalty, and not the whining about how cruel it is.

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post #5 of 95 (permalink) Old 08-14-2007, 08:18 AM
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post #6 of 95 (permalink) Old 08-14-2007, 09:12 AM
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Re: *SHOCKING* - USA will execute an innocent man

this is fucking incredible :retard:

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post #7 of 95 (permalink) Old 08-14-2007, 12:05 PM
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Re: *SHOCKING* - USA will execute an innocent man

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Originally Posted by safin-rules-no.1 View Post
LaHood's actual killer, Mauriceo Brown, was executed in 2006. Foster, who was in a car about 100 yards from the crime when it was committed, was convicted under the controversial Texas state "law of parties", under which the distinction between principal actor and accomplice in a crime is abolished. The law can impose the death penalty on anybody involved in a crime where a murder occurred. In Foster's case he was driving a car with three passengers, one of whom, Brown, left the car, got into an altercation and shot LaHood dead. Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty.
This article inaccurately describes the law regarding the death penalty and parties. The State cannot impose the death penalty on anyone involved in a crime where a murder occurs.

First, not all murders qualify for the death penalty. They must meet the statutory special circumstances. Here, the murder occurred in the course of a robbery.

Second, under Texas law, when seeking the death penalty where the defendant is convicted as a party, the State must prove that (1) the defendant actually caused the deceased's death; (2) the defendant intended to kill the deceased or another; or (3) the defendant should have anticipated that a human life would be taken. Foster's mere presence would not qualify him for a death sentence.
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post #8 of 95 (permalink) Old 08-14-2007, 12:36 PM Thread Starter
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Re: *SHOCKING* - USA will execute an innocent man

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This article inaccurately describes the law regarding the death penalty and parties. The State cannot impose the death penalty on anyone involved in a crime where a murder occurs.

First, not all murders qualify for the death penalty. They must meet the statutory special circumstances. Here, the murder occurred in the course of a robbery.

Second, under Texas law, when seeking the death penalty where the defendant is convicted as a party, the State must prove that (1) the defendant actually caused the deceased's death; (2) the defendant intended to kill the deceased or another; or (3) the defendant should have anticipated that a human life would be taken. Foster's mere presence would not qualify him for a death sentence.
The point is that he will be executed in 3 weeks! He did not pull the guns trigger and had no idea his 'friend' even intended to kill someone - whether the article accuratly describes the law correctly or not this INNOCENT man will die for basically being in the wrong place at the wrong time.
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post #9 of 95 (permalink) Old 08-14-2007, 02:06 PM
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Re: *SHOCKING* - USA will execute an innocent man

Unfortunately not the first time they commit this kind of "mistake" &


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post #10 of 95 (permalink) Old 08-14-2007, 02:12 PM
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Re: *SHOCKING* - USA will execute an innocent man

It's not shocking since it happens in the USA, especially in Texas.

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post #11 of 95 (permalink) Old 08-14-2007, 02:58 PM
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Re: *SHOCKING* - USA will execute an innocent man

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Originally Posted by safin-rules-no.1 View Post
The point is that he will be executed in 3 weeks! He did not pull the guns trigger and had no idea his 'friend' even intended to kill someone - whether the article accuratly describes the law correctly or not this INNOCENT man will die for basically being in the wrong place at the wrong time.
Foster was more than just the wrong man at the wrong time. Foster, Brown and two other men had been engaged in a series of armed robberies all evening where they had split the proceeds between the four of them. Foster was the driver who followed Lahood's friend and parked his car in front of Lahood's house. Foster drove Brown away from the crime scene after Lahood's murder. Also, Foster was aware that Brown had stuck his gun in the faces of earlier robbery victims.

While I can understand the argument that someone who is not the actual shooter should not be executed, to call Foster innocent or at the wrong place at the wrong time is quite a stretch.
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post #12 of 95 (permalink) Old 08-14-2007, 03:04 PM
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Re: *SHOCKING* - USA will execute an innocent man

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Foster was more than just the wrong man at the wrong time. Foster, Brown and two other men had been engaged in a series of armed robberies all evening where they had split the proceeds between the four of them. Foster was the driver who followed Lahood's friend and parked his car in front of Lahood's house. Foster drove Brown away from the crime scene after Lahood's murder. Also, Foster was aware that Brown had stuck his gun in the faces of earlier robbery victims.

While I can understand the argument that someone who is not the actual shooter should not be executed, to call Foster innocent or at the wrong place at the wrong time is quite a stretch.
Wow. The original article leaves out a lot of the story.
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post #13 of 95 (permalink) Old 08-14-2007, 03:17 PM
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Re: *SHOCKING* - USA will execute an innocent man

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Wow. The original article leaves out a lot of the story.
Which is not surprising because it's not really a news article.

This world hasn't changed in the way that people still point fingers without getting all the facts.

I don't support capital punishment but on the same time, I do not support the saying that the person pulled the trigger commit a bigger crime than the mastermind behind the crime. It is possible that Foster was the mastermind behind the robberies and Brown was just the henchman.
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post #14 of 95 (permalink) Old 08-14-2007, 03:44 PM Thread Starter
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Re: *SHOCKING* - USA will execute an innocent man

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Which is not surprising because it's not really a news article.

This world hasn't changed in the way that people still point fingers without getting all the facts.

I don't support capital punishment but on the same time, I do not support the saying that the person pulled the trigger commit a bigger crime than the mastermind behind the crime. It is possible that Foster was the mastermind behind the robberies and Brown was just the henchman.
i did the best i could with the information availble.



And so what if they went around town doing a load of robberies before hand??????? Totally besides the point as it's not what the article is about - i frankly couldn't care less what the article missed out - there was evidence he had no idea his friend was planning that crime, he should not even be in prison for murder, robbery - yes, murder - no
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post #15 of 95 (permalink) Old 08-14-2007, 03:58 PM
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Re: *SHOCKING* - USA will execute an innocent man

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i did the best i could with the information availble.



And so what if they went around town doing a load of robberies before hand??????? Totally besides the point as it's not what the article is about - i frankly couldn't care less what the article missed out - there was evidence he had no idea his friend was planning that crime, he should not even be in prison for murder, robbery - yes, murder - no
What's the evidence other than the blogger's word? Have you read the court documents? I didn't so I won't say there is or isn't evidence.

But I won't buy the blogger's words because it's EVIDENT that something were missing from the partition so I have to take the blogger has a different agenda.

I am also not saying the guy was not guilty. I don't have enough information on this case. And I won't spend the time on researching it either.

If you use a lethal weapon to commit a crime, even you have no intention to harm or kill someone, if the crime results in the death of the victim, it's murder.
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