That's the title of Michael King's article on Kenneth Foster's commutation in the current Austin Chronicle, our independent alt-weekly. LINK
God bless the Texas Board of Pardons and Paroles and Gov. Rick Perry.
That's a sentence I never anticipated writing, nor I suspect most Chronicle readers anticipated reading. But Perry's decision last week, to accept the 6-1 recommendation of the BPP and commute the death sentence of Kenneth Foster to life imprisonment, is a historic step toward greater justice and mercy. Perry's decision was essentially unprecedented – the only previous times he has commuted executions were when he was effectively ordered to do so by court rulings: for example, that minors or mentally retarded inmates could not constitutionally be executed.
The clemency decision seemed even more unexpected in light of Perry's recent response to an earlier appeal for an execution moratorium by the European Union. In the condescending voice of his spokesman, Robert Black, Perry had told the Europeans to go suck a lemon: "While we respect our friends in Europe, welcome their investment in our state, and appreciate their interest in our laws, Texans are doing just fine governing Texas." In other words: "Send us your money, and shut up."
So despite the worldwide outcry against the Foster execution – reportedly the governor's office received 11,000 letters opposing it, 11 in favor – I fully expected Foster's story to end in the same way as every one I'd followed before it. I've been writing about capital punishment in Texas for a decade and had long since concluded that the "clemency" system (presided over by the BPP) was thoroughly broken – indeed, that it doesn't really exist. The board is officially required to consider any extra-judicial, mitigating factors in a capital punishment case. Not only had their almost unblemished record of rejections belied that responsibility, but I had watched a previous group of board members troop into federal court and testify, "We review the files to confirm the condemned has been duly convicted and that he had full access to courts" – a mantra that explicitly violated their mandate but echoed the position of the man who appointed them, then-Gov. George W. Bush. Actual clemency was not just an afterthought – it was no consideration at all.
And:
It's one small step. Maybe it will be a turning point – death sentences slowly have been diminishing nationwide in recent years – but, as Texans, we've executed 402 people (at this writing) since the nationwide resumption of capital punishment in 1982, and several more Huntsville executions are scheduled for this month. Foster has noted that "there are several other people condemned under the 'law of parties' like me" and has asked advocates to continue working.
So may we all. It's only one small step. But for today, God bless Gov. Perry, and God bless Keith Hampton.
Comments