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Guilty by association, young Texan faces execution
AFP ^ | 8/28/07 | Fanny Carrier

Posted on 08/29/2007 4:40:34 PM PDT by Santa Fe_Conservative

WASHINGTON (AFP) - Kenneth Foster has never killed anyone. But the 30-year-old Texan still faces execution this week, despite protests at home and abroad, for his complicity in a drug-fueled murder.

Foster was arrested in August 1996 with three other young black men, all of whom were said to be high on marijuana, following the deadly shooting of Michael LaHood, 25, in the southern Texan city of San Antonio.

Foster was driving the car being used by his three passengers, including Mauriceo Brown, to rob passers-by. Brown got into an altercation with LaHood, who was white, when he started to follow LaHood's girlfriend.

Shooting LaHood at point-blank range in the face, Brown then returned to the car -- meriting Foster's execution under a Texan law that can impose the death penalty on anybody involved in a crime where a murder occurred.

Foster, who was 19 at the time of the San Antonio crime spree, is scheduled to die by lethal injection at 2300 GMT on Thursday, at the state's execution unit in Huntsville, 70 miles (112 kilometers) north of Houston.

Brown himself was executed last year. The two other black men involved in that night's crimes are serving life behind bars.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: capitalpunishment; deathpenalty; execution; fannycarrier; rickperry
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1 posted on 08/29/2007 4:40:37 PM PDT by Santa Fe_Conservative
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To: Santa Fe_Conservative
"Foster was driving the car..."

No one should have any problem with this one.

2 posted on 08/29/2007 4:43:53 PM PDT by muawiyah
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Comment #3 Removed by Moderator

To: Santa Fe_Conservative

http://en.wikipedia.org/wiki/Felony_murder_rule

If one doesn’t like the felony murder rule, in principle, then one is free to seek to alter the law through the proper legislative channels.

And even with the rule in place, every convicted felony-murderer may ONLY be put to death if 12 jurors unanimously agree, having had a chance to hear any mitigating evidence, that death is a more suitable punishment than is life imprisonment.


4 posted on 08/29/2007 4:45:00 PM PDT by pogo101
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To: Santa Fe_Conservative

Certainly he should have received the death penalty. Perhaps something happened at the trial that dictated the jury to select capital punishment?


5 posted on 08/29/2007 4:45:41 PM PDT by SatinDoll
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To: Santa Fe_Conservative
Photo Sharing and Video Hosting at Photobucket
6 posted on 08/29/2007 4:45:43 PM PDT by Dick Vomer (liberals suck....... but it depends on what your definition of the word "suck" is.,)
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To: Santa Fe_Conservative

I recall a jewelry store robbery in Michigan in which the owner successfully defended his life by shooting one of the men dead. The other criminal was charged with the death of the man because the death happened during the commission of a felony. Life is tough when you are stupid.

The Texan clowns were robbing people and driving on to rob others. I have no sympathy for the 4 men. Someone died.


7 posted on 08/29/2007 4:46:13 PM PDT by healy61
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To: Santa Fe_Conservative
That's not just a Texas law . . . that is the law in just about every state in the Union. Moreover, it was the common law as well as the Scottish law well back into legal history -- at least back in the 16th-17th centuries.

Known as "art and part" or "accessory before/after the fact" or "parties to a crime". Everybody who participates in a criminal scheme that results in a death is guilty as a party to the crime or an accessory, or as a co-conspirator if conspiracy is charged. Robbers and getaway car drivers are routinely charged with murder when one of their number is shot and killed by the victim of a crime.

If this isn't common knowledge on the street, they are even dumber than I think. And I don't believe for a moment that the author of this article doesn't know that simple fact. Just trying to stymie justice in every possible way.

8 posted on 08/29/2007 4:46:26 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Santa Fe_Conservative
That's the felony by accessory rule. You can be convicted of the crime if you just took part in it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

9 posted on 08/29/2007 4:46:31 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Santa Fe_Conservative
...meriting Foster's execution under a Texan law that can impose the death penalty on anybody involved in a crime where a murder occurred.

I know Texas is not the only state with such a law; I suspect that's the case in most states with the Death Penalty.

10 posted on 08/29/2007 4:46:45 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Santa Fe_Conservative

there are problems with some TX criminal statutes as far as I understand them, but providing for the death penalty for felony murder is not one of them. It sounds to me like the author wants the reader to believe that TX is outside the mainstream, but I don’t believe that is the case. Usually Felony Murder carries the same potential sentence as First Degree murder.


11 posted on 08/29/2007 4:47:06 PM PDT by jdub
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To: Santa Fe_Conservative

Notice in the article how they describe the perps (i.e. the “victims” of that “evil” death penalty) as black men in an effort to drive home the point that black men are being executed, but they fail to identify the true victim of the murderers by race. Conjecture on my part, but there is a strong statistical likelihood that the true victim here was also a black man. It’s amazing. The left wing media doesn’t even try to pretend to be objective.


12 posted on 08/29/2007 4:47:12 PM PDT by American Infidel (It's pronounced 'ASK' not 'AXE'. It's a 3 letter word. How difficult can it be?)
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To: healy61

Great minds travel the same channels. < g >


13 posted on 08/29/2007 4:47:29 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Santa Fe_Conservative
Guilty by association

No not guilty by association, guilty by accomplicey. Big difference.

14 posted on 08/29/2007 4:47:53 PM PDT by Domandred (Eagles soar, but unfortunately weasels never get sucked into jet engines)
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To: Santa Fe_Conservative

He was just driving the care and encouraging his doped up friend to commit murder. He is obviously just a choir boy hanging out with the wrong crowd. (/heavy sarcasm)


15 posted on 08/29/2007 4:49:16 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Domandred
Liberals don't get it. He demonstrated depraved indifference to human life and that's the same as if he actually pulled the trigger. It makes no difference to the victim but for the purposes of justice he's guilty of being an accessory to a felony. That's why they applied the murder felony rule in this case and a jury of his peers agreed he was guilty of the crime. DUH

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

16 posted on 08/29/2007 4:51:21 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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Comment #17 Removed by Moderator

To: Blood of Tyrants
Liberals keep making excuses for murderers. I'm sick of it.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

18 posted on 08/29/2007 4:52:07 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Santa Fe_Conservative

My, FreeRepublic is really getting more openly racist.

I say it’s been building over 3 years. Oh, for the old days...


19 posted on 08/29/2007 4:54:12 PM PDT by Shermy
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To: San Jacinto
There's something wrong with our justice system when it takes 10 years to execute a murderer. But you don't find liberals complaining about the injustice of that. If they were really concerned for the choir boys they commiserate over, they would want them executed immediately, to spare them further suffering.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

20 posted on 08/29/2007 4:54:28 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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