Death & Texas: The Kenneth Foster Case

Mumia Abu-Jamal's Radio Essays

written 5/31/07 Mumia Abu-Jamal For a decade Kenneth Foster, Jr. has languished on one of the worst Death Rows in the U.S. - Texas. He now faces an execution date (of August 30, 2007) despite the fact that even the trial judge, the DA, and the jury that sentenced him to die admit he never killed anyone. Whoa! I know that it sound funny (or fishy), but it's not. It's just a fluke of Texas law. In Texas, that fluke is called the Law of Parties - a variant on conspiracy law, but like most things Texas - this law takes a bigger chunk out of the accused. In essence, the Law of Parties criminalizes presence, not actions. Under U.S. Law, as announced by the Supreme Court in its 1982 Edmunds v Florida decision, a death sentence for one who killed no one, nor intended to, nor assisted in such a killing was a violation of the 8th and 14th Amendments to the Constitution. But again - this is Texas. This is the same state that ruled in the Herrera case that innocence is irrelevant; that poisoned the Black activist Shaka Sankofa (born Gary Graham); that twice violated court orders from the US Supreme Court in the Miller-El cases; and that sent George W. (as in Warmonger) Bush to the White House. These items are noted, of course, to make clear the very real danger that Kenneth Foster, Jr. faces. A young Black man - an innocent man - on Death Row - in Texas! If you wish to read more about his amazing case on the web, go to: www.freekenneth.com or write: Kenneth Foster Support Group P.O. Box 14268 San Antonio, TX 78214 Kenneth (also known by his adopted name, Haramia KiNasser) is a talented writer, poet, and father of an adorable 10 year old girl named Nytesha. Help free her dad.