Kenneth Foster wins last minute clemency

“He encourages me,” said 11- year-old Nydesha Foster in a radio interview. “That’s what keeps me strong. ... I would probably not be able to do anything, because I’d be so sad and stressed out. ... And even though he is a father behind glass, he does a lot of stuff for me.“ WW photo: Gloria Rubac

Just six hours before his Aug. 20 execution was to take place, Texas death row activist Kenneth Foster Jr. won a major victory. Texas Gov. Rick Perry followed the recommendation of the Texas Board of Pardons and Paroles and granted Foster clemency.

This happens so rarely in Texas that Foster’s family and supporters were stunned when they received the news. Then smiles, tears of joy, cheers and shouts of victory filled the air—in Huntsville and around the world.

Family, friends and activists were gathering in Huntsville for the 6:00 p.m. execution and Foster’s immediate family were finishing their last visit when, minutes after noon, Perry released his decision.

Foster’s father, Kenneth Foster Sr., got to give his son the news. Then Tasha—Kenneth Foster’s spouse—was allowed to give him a kiss through the wire mesh in the visiting area.

Foster was convicted under Texas’ law of parties, which allows the death penalty to be given to accomplices in murder cases. He was sentenced to death in 1997.

But Foster was not an accomplice. Mauriceo Brown, a passenger in Foster’s car, shot and killed Michael LaHood Jr. in 1996. Foster was more than 80 feet away at the time, in his car with the windows up and the radio blaring.

After news of the decision, family and supporters gathered outside the governor’s mansion in Austin for a rally and celebration.

Foster’s attorney Keith Hampton, who had filed numerous appeals, thanked the grassroots movement that started in Austin and spread around the world for putting the necessary pressure on the board and the governor.

Hampton particularly thanked Foster’s supporters from overseas. “If you’re German, Australian, English, French or Italian, you had an impact that is larger than just Kenneth’s case. Texans, particularly policymakers, generally don’t care about what anybody outside of Texas thinks. I think this well-entrenched attitude has changed. I can personally tell you that decision makers were visibly shaken when I told them, ‘Here are thousands of signatures from Germany’; when I casually mentioned, ‘The Italians are lighting up the Coliseum;’ when I pointed out the French deputy minister’s letter alongside Desmond Tutu’s and Jimmy Carter’s; and when I hand-delivered beautifully handwritten letters from all over the UK. What you did mattered.”

Bryan McCann, a leader of the Campaign to End the Death Penalty and a pen pal of Foster’s, said: “This was a political victory. ... There is no understating the historical significance of what we won. ... While the death penalty is on the defensive across the nation, Texas continued to be the trend’s exception. However, we made a dent in the Lone Star State’s armor with the Kenneth Foster case.” McCann had visited Foster just a week before the scheduled execution.

The Save Kenneth Foster Campaign began last May after Foster received an execution date. Activists in Austin with the Campaign to End the Death Penalty, the Texas Moratorium Network and Students Against the Death Penalty joined with Foster’s family and friends a little over an hour away in San Antonio to begin the fight.

Over the summer, there were meetings, rallies, marches, concerts, petition drives and forums. Foster’s family and supporters did interview after interview. Slowly, the tide began to turn. Major newspapers around the state were editorializing to stop the execution. Texas legislators contacted the governor.

After the media began to examine Foster’s case, even some death penalty supporters decided a person like Foster, who was merely in the car nearby, should not be executed.

Foster’s case impacted people living all over the world, not just in Texas.

Perry’s office had received correspondence from more than 11,000 people worldwide opposing Foster’s execution, said Katherine Cesinger, a spokesperson for Perry, in an e-mail. The office received correspondence from only 11 people supporting his execution.

Claire Dube broke into tears when she heard the good news. She and Foster became close friends while attending John Marshall High School in San Antonio together and have known each other 15 years. Dube began writing Foster when she found out he was on death row and has been active in his defense work for several years.

“Wow, three days later, and I am still in shock and at a loss for words. I am exhilarated that Kenneth is alive! We won! We did it!” Dube told Workers World.

She added, “Everyone here and from around the world deserves a great big hug and a pat on the back for their efforts and part in saving his life. I am so thankful to everyone that came together and made the impossible possible here in Texas! There are no words that can express what I feel and how much my heart goes out to each and every activist. Kenneth means so much to his family, his friends and his supporters.”

The day after the stay was issued, Foster’s spouse, father and grandfather issued the following statement:

“We are ecstatic, overwhelmed and full of smiles! Finally the death row nightmare is over, no more seeing him from behind glass—soon we will be able to hug him. Nydesha [Foster’s daughter] will be able to hug him. Without all the hard work from all of you—it would have not been possible. You guys worked around the clock, made the calls, wrote the letters, marched with us, signed petitions, helped us organize, contacted the media and made this cross bearable for us.”

Foster has been moved from death row to a diagnostic unit for processing and will be assigned to another prison unit soon. Workers World newspaper will report on his new address as soon as it is known. Check www.freekenneth.com for updates.