That's the title of an editorial in today's Austin American Statesman on the Kenneth Foster case. LINK
Gov. Rick Perry can spare a life, uphold justice and bring a semblance of honor to Texas this week, if only he will seize the opportunity.
Perry has the power to stop the execution of death row inmate Kenneth Foster, scheduled to die Thursday for a crime everyone acknowledges that he did not commit. The state's Board of Pardons and Paroles also can halt the execution.
Foster, 30, is not the sweetheart anti-death penalty activists insist he is. He was a thug, armed robber and drug dealer in San Antonio. But he did not commit the murder that put him on death row.
And:
The inescapable problem with the Law of Parties is that a jury has to go back in time and read the defendant's mind, guess at his intention. The sentence is based on what the jury believed Foster was thinking when the crime occurred. No one's life should hinge on guesswork by jurors.
A federal district judge overturned the death sentence in 2005 after determining that Foster didn't play a major role in the conspiracy to rob LaHood. But the 5th U.S. Circuit Court of Appeals reversed the district court and reinstated the death sentence in 2006. The U.S. Supreme Court refused to hear Foster's appeal.
So now it's up to Perry or the Board of Pardons and Paroles to do the right thing and spare Foster's life by granting him a reprieve. It's the only just thing to do. If the governor or parole board allows this execution, Texas will be further stained by injustice.
The Board of Pardons and Paroles is expected to announce its recommendation to the governor on Kenneth Foster's clemency petition at 1:00 p.m., this afternoon.
Court TV has this report on the case.
Earlier coverage is here.
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