Kennth Makes News Yet Again!

Kenneth Foster Jr. my dear friend and pen pal of some years, was sentenced to death row at age 19 for driving the getaway car after an unplanned murder committed by his friend. Under the Texas Law of Parties, Kenneth was tried alongside the shooter in court and sentenced to death just like the shooter. He lived on death row 10 years and his case weathered 5 trials, 3 of which he won, two of which he lost. He lost the fifth trial, and had no more evidence to gain a 6th, so he was sentenced to death by lethal injection for August 30, 2007. Thanks to the enormous network Kenneth built behind bars, using only pen and paper and the lost art of letter writing, over 17,000 contacted the Governer's office in the weeks leading up to the trial, including President Jimmy Carter and South Africa's Archbishop Desmond Tutu. Five hours before lethal injection, Gov. Perry gave Kenneth a stay, which means his life was saved, making Texas history. Sweet victory, but the war is far from over. The below message comes from Scott Cobb, president of the Texas Moratorium Network.

Texas House Passes "The Kenneth Foster, Jr Act", Bill Moves to Senate


After almost two years of grassroots organizing, the Texas House of Representatives Friday passed the Law of Parties Bill (HB 2267) and even adopted an amendment renaming the bill "The Kenneth Foster Jr, Act".

The vote was 69-66, with 1 present not voting and several absent members. Three Republicans voted yes and only one Democrat voted no.

This was a collective achievement of many legislators, staffers, activists, family members of death row inmates and other people and groups working together, but we still have to work to get the Texas senate to also pass the bill. We need you to call senators today!

The session ends soon, so there is not much time for us to convince the senate to pass the bill too. See below for information to call state senators to urge them to pass the "The Kenneth Foster Jr Act"

The Texas House of Representatives Friday passed House Bill 2267, "The Kenneth Foster, Jr Act". Sponsored by Rep. Terri Hodge (D - Dallas), the bill would eliminate the death penalty as a sentencing option under the controversial Texas Law of Parties. It would also require separate trials of co-defendants in capital cases. The bill now goes to the Senate for consideration.

The Texas Law of Parties gained national prominence in 2007 during the high profile case of Kenneth Foster, Jr., whose death sentence was commuted by Governor Rick Perry following a national grassroots movement to halt his execution.

"It is my hope that in the future no other families have to deal with the emotional, psychological and financial hell associated with having a loved one on death row for a murder they factually did not commit, like my family has had to deal with for the last 13 years," said Terri Been, sister of Texas death row inmate Jeff Wood. Wood was sentenced to death under the Law of Parties.

"This bill, when passed, will make me even prouder to be a resident of Texas," said Kenneth Foster, Sr., father of Kenneth Foster, Jr. "Our family knows first hand the injustices of the Law of Parties, and Rep. Hodge's bill is a step in the right direction."

Although Hodge's bill is not retroactive, and therefore would not affect any current cases like Jeff Wood's, several families of death row inmates convicted under the Law of Parties have lobbied in favor of the legislation.

"This is a major victory for the families impacted by this unfair law," said Bryan McCann of the Campaign to End the Death Penalty. "We are told the death penalty is reserved for the worst of the worst, but its application under the Law of Parties affords prosecutors far too much discretion in pursuing the most severe form of punishment."

Executions under the Law of Parties are very rare. Three people have been executed in Texas under the Law of Parties, which amounts to 0.6 percent of the 437 total executions in Texas. The last such execution in Texas was in 1993.

"The Kenneth Foster, Jr Act is a much-needed reform. The current law allowing accomplices who have not killed anyone to pay the ultimate penalty for a murder committed by another person is fundamentally unjust", said Scott Cobb, president of Texas Moratorium Network.

Thank you to all the people who participated in the Lobby Day on March 24 and the many, many people who called their state representative urging them to vote for HB 2267. The groups who worked hard for this historic victory include Texas Moratorium Network, Texas Death Penalty Abolition Movement, Campaign to End the Death Penalty, Texas Students Against the Death Penalty, and many family members of people convicted under the Law of Parties who all made visits and phone calls to members of the Texas Legislature.