 Kenneth Foster! URGENT! Please help
Our Friend, Comrade, Father, Son, grandson, Husband, Brother needs our help we are asking for any help possible for Kenneth Foster Jr who is currently on Texas' Death Row for a crime he did not commit... Please if there is anything you are anybody you know can do to help then please contact us..(my email is jennie_ie_ie@hotmail.com)
Time is Running out..
Thank you
To Everyone:
WE need your help Mass Mailing the below email addresses as well as any others you feel can help.... Please.. this will take 5 minutes of your time... Please Help Kenneth Foster
benedictxvi@vatican.va
deathpenalty@usccb.org
info@reprieve.org.uk
info@ncadp.org
info@aclutx.org
cuadp@cuadp.org
We are sending this E-Mail to reach the righteousness in each of us. We are reaching out to all Anti-Death Penalty Activist, all Anti-Death Penalty Organizations, Rev. Jesse Jackson, Mumia, Assata, All Black Panther Groups, Martin Luther King III, Fred Hampton Jr., Anderson Cooper at CNN, Rev. Al Sharpton, all MEDIA (i.e. News, Music Artist, Poets, etc.) Families and Friends. URGENT LETTERS, PHONE CALLS, AND FAXES ARE NEEDED……
Kenneth Foster Jr. is currently facing the death penalty in the notorious Polunsky Unit, Texas.
Kenneth was convicted as the getaway driver in the 1996 murder of Michael LaHood Jr., outside the LaHood family residence north of downtown. Foster was one of four implicated in the alleged botched robbery attempt that led to LaHood's death; though he was not the triggerman, and played no direct role in LaHood's murder, he was convicted for the crime under the state's law of parties. In invoking that statute, prosecutors had to prove that Foster and his cohorts agreed to commit armed robbery, and that they should've anticipated that their risky behaviour might cause LaHood's death. In Foster's case, the jury agreed that Foster should've foreseen that the reckless actions of his acquaintance, Mauricio Brown, could result in LaHood's murder. As such, they convicted Foster and sentenced him to die.
In 2005, San Antonio federal District Judge Royal Furgeson overturned the Death Sentence of Kenneth Foster, Furgeson denied each of the claims Foster made in connection to his underlying guilt - including that the evidence was insufficient to determine that he should've anticipated LaHood's death - still, he determined that Foster's death sentence is unconstitutional. While evidence of Foster's tangential involvement in the crime was proof enough to convict him, Furgeson wrote, it was not sufficient to warrant a death sentence.
"There was no evidence - before Foster's sentencing jury which would have supported a finding that Foster either actually killed LaHood or that Foster intended to kill LaHood or another person," he wrote. "Therein lies the fundamental constitutional defect in Foster's sentence." The jury could've reached the decision that Foster harbored some intent to kill LaHood, but they "were not asked to do so," he wrote. "Therefore, Foster's death sentence is not supported by the necessary factual findings mandated [by the U.S. Supreme Court] and, for that reason, cannot withstand Eighth Amendment scrutiny."
In denying Foster's earlier appeal, the state's Court of Criminal Appeals "attempted to side-step the - Constitutional defect in Foster's death sentence, suggesting that the jury's finding of Foster's guilt under the Texas law of parties necessarily implied a finding that Foster intended to kill LaHood," he wrote. But while there was ample evidence to suggest that Foster intentionally "aided and abetted" Brown's attempt to rob LaHood, there was "no evidence showing Foster intentionally encouraged, directed, aided, or attempted to aid Brown's murder of LaHood," as required in order to pass constitutional muster. In Foster's case the state allowed the jury to impose death without making a determination about Foster's intent, the judge wrote. "Foster's death sentence can be justified only by jury findings that Foster both played a major role in the criminal conspiracy that resulted in LaHood's murder and acted with reckless disregard for human life." Because the Supreme Court has consistently ruled that only a jury may make factual determinations related to punishment, Furgeson wrote, "The Eighth Amendment precludes the State of Texas from executing Foster."
Furgeson's ruling gave the state 90 days to either offer Foster a new sentencing trial, with a new jury, or to vacate his death sentence and impose a life sentence. In the meantime, the state was expected to appeal the decision to the 5th U.S. Circuit Court of Appeals in New Orleans.
TODAY, it was found that Kenneth has had his 5th circuit appeal denied and is still on Death Row, awaiting a date for execution.
Mauricio Brown was executed on 19th July 2006 for the murder of Michael LaHood.
We are asking you to help with Kenneth's struggle and to unite with us in getting Kenneth off death row as he surely doesn't deserve to die for his involvement.
Kenneth is a father to Nydesha, a son to Ronnie and a grandson to Lawrence Foster. Like us they all want to save the life of this man who needs our help.
Yours Respectfully,
Concerned Citizens...
PLEASE contact these people and express your feelings about how this case directly violates the 8th amendment of the constitution and that Kenneth should NOT be on Death Row and more so, should NOT be executed.
_________________________
President of the United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC
20500
Comments: 202-456-1111
Switchboard: 202-456-1414
Fax: 202-456-2461
E-mail: comments@whitehouse.gov
_______________________
Foreign and commonwealth office
Wh.2.316 North America Team
King Charles Street
London
Sw1A 2AH
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