Texas Court Denies Kenneth Foster Appeal

http://www.democracynow.org/article.pl?sid=07/08/08/1338239

Texas Court Denies Kenneth Foster Appeal

The Texas Court of Criminal Appeals has denied the final appeal of death
row prisoner Kenneth Foster who is scheduled to be executed on August 30. In
a six-to-three-

decision the appeals court denied Foster's final writ of
habeas corpus. Foster's last recourse is the Board of Pardons and Paroles,
and Texas Governor Rick Perry. According to Foster's criminal attorney,
Keith Hampton, five of the seven board members must recommend clemency in
order for Governor Perry to consider granting it. Foster is scheduled to be
executed under a controversial Texan law known as the law of parties. The
law imposes the death penalty on anybody involved in a crime where a murder
occurred. In Foster's case he was driving a car 11 years ago with three
passengers. One of the passengers left the car, got into an altercation and
shot a man dead. At the time of the shooting, Kenneth Foster was 80 feet
away in his car. Since Foster's original trial, the other passengers have
testified that Foster had no idea a shooting was going to take place.
According to supporters of Foster, Texas is the only state where you can be
factually innocent of murder and still be sent to death row.
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Contact the Texas Board of Pardons & Paroles and tell them to grant Kenneth
Foster clemency:

Price Daniel, Sr. Building
209 West 14th Street, Suite 500
Austin, Texas 78701
OR: P.O. Box 13401, Austin, Texas 78711-3401
Phone: (512) 463-1679
Fax: (512) 463-8120