Plano/Dallas Folks...I Need Your Help
Representative Madden,
On August 30, Kenneth Foster, Jr. is scheduled to be executed for the murder of Michael LaHood, Jr. Kenneth, however, killed no one. Even the prosecutors in the case will admit he did not shoot Michael LaHood in 1996. Mauriceo Brown did and has since been executed. Kenneth is on death row because he was convicted under the Law of Parties which, as I am sure you are aware, holds individuals who are present at the scene of a crime accountable for the acts of others.
Kenneth was, indeed, driving a car carrying three men who were smoking marijuana and committing robberies on August 14, 1996 in San Antonio. However, in sworn affidavits after the trial, two of the men in the car, Julius Steen and Dewayne Dillard, have said all four, at Kenneth's insistence, agreed to cease the night's activities and head home. On the way back, they took a wrong turn down a dead end street and were flagged to the side of the road by a woman, Mary Patrick, who thought they were following her. Mauriceo Brown exited the car, walked 80-feet away toward a driveway, encountered Mr. LaHood, began arguing with him, and shot him. Brown then reentered the car and Kenneth drove away. There is little disagreement on the above, even from the prosecution.
I write you fully aware that you cannot, as a legislator, pardon Kenneth. Rather, I am asking that you submit a letter to Governor Perry and the members of the Board of Pardons and Paroles, asking them to grant relief to Kenneth. Allow me to explain why I believe this is appropriate.
First, Kenneth's case is entirely out of the court's hands. The Court of Criminal Appeals has denied his final petition. It is now entirely in the hands of the Board and the Governor. Given your position as Chair of the House Corrections Committee, you are in a position to influence the Governor on this matter.
Second, the Fifth Circuit Court of appeals has ruled in a published decision that the Texas Court of Criminal Appeals relied on the wrong statute when it affirmed Kenneth's death sentence.
Finally, in 1995, the Texas Legislature passed an act forbidding judges on the Court of Criminal Appeals from considering new evidence in death penalty cases, even if the judges unanimously supported sparing the offender's life. This act prevents judges from granting relief to people who they believe do not deserve to die. This ties the court's hands even more in cases such as Kenneth’s, making it all the more a political, rather than legal concern.
I have been working hard to save Kenneth's life this summer and have encountered many people, who otherwise support the death penalty, who still believe Kenneth should not die. He will be the first to admit that he was in the wrong place at the wrong time. However, when we are told that the death penalty is reserved for the “worst of the worst”, the people have a difficult time accepting the notion of a man being sent to death for driving a car. It is in this spirit that I ask you to seriously consider encouraging the Board of Pardons and Paroles and Governor Perry to grant Kenneth Foster relief.
Sincerely,
Bryan Mccann
Austin, TX
On August 30, Kenneth Foster, Jr. is scheduled to be executed for the murder of Michael LaHood, Jr. Kenneth, however, killed no one. Even the prosecutors in the case will admit he did not shoot Michael LaHood in 1996. Mauriceo Brown did and has since been executed. Kenneth is on death row because he was convicted under the Law of Parties which, as I am sure you are aware, holds individuals who are present at the scene of a crime accountable for the acts of others.
Kenneth was, indeed, driving a car carrying three men who were smoking marijuana and committing robberies on August 14, 1996 in San Antonio. However, in sworn affidavits after the trial, two of the men in the car, Julius Steen and Dewayne Dillard, have said all four, at Kenneth's insistence, agreed to cease the night's activities and head home. On the way back, they took a wrong turn down a dead end street and were flagged to the side of the road by a woman, Mary Patrick, who thought they were following her. Mauriceo Brown exited the car, walked 80-feet away toward a driveway, encountered Mr. LaHood, began arguing with him, and shot him. Brown then reentered the car and Kenneth drove away. There is little disagreement on the above, even from the prosecution.
I write you fully aware that you cannot, as a legislator, pardon Kenneth. Rather, I am asking that you submit a letter to Governor Perry and the members of the Board of Pardons and Paroles, asking them to grant relief to Kenneth. Allow me to explain why I believe this is appropriate.
First, Kenneth's case is entirely out of the court's hands. The Court of Criminal Appeals has denied his final petition. It is now entirely in the hands of the Board and the Governor. Given your position as Chair of the House Corrections Committee, you are in a position to influence the Governor on this matter.
Second, the Fifth Circuit Court of appeals has ruled in a published decision that the Texas Court of Criminal Appeals relied on the wrong statute when it affirmed Kenneth's death sentence.
Finally, in 1995, the Texas Legislature passed an act forbidding judges on the Court of Criminal Appeals from considering new evidence in death penalty cases, even if the judges unanimously supported sparing the offender's life. This act prevents judges from granting relief to people who they believe do not deserve to die. This ties the court's hands even more in cases such as Kenneth’s, making it all the more a political, rather than legal concern.
I have been working hard to save Kenneth's life this summer and have encountered many people, who otherwise support the death penalty, who still believe Kenneth should not die. He will be the first to admit that he was in the wrong place at the wrong time. However, when we are told that the death penalty is reserved for the “worst of the worst”, the people have a difficult time accepting the notion of a man being sent to death for driving a car. It is in this spirit that I ask you to seriously consider encouraging the Board of Pardons and Paroles and Governor Perry to grant Kenneth Foster relief.
Sincerely,
Bryan Mccann
Austin, TX