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Liberation, France

Governor of Texas to Allow

Execution of Innocent Man

"The victim of the basest kind of prejudice and a flawed, inconsistent and unjust penal system, Kenneth Foster is likely to die unless the American and European press stand up against this monstrosity."

By Jack Lang, former Deputy Minister of Culture

Translated By Sandrine Ageorges

August 29, 2007

France - Liberation - Original Article (French)

Although he is innocent, ten years ago Kenneth Foster was sentenced to death. If the state of Texas doesn't admit to its macabre mistake, on August 30th he will be executed, never having committed even the slightest crime.

[Editor's Note: In 1997, a jury sentenced Kenneth Foster Jr. to death for driving his friends from the scene of a deadly shooting, after what prosecutors said was a botched robbery. The 20-year-old was convicted under the conspiracy provision of Texas' "law of parties," a legal premise that alleges that Foster is just as responsible for the murder as the man who pulled the trigger ].

This Afro-American man, about 30 years old, will have to watch as his life is taken because on one August evening, he was unable to stop a friend from committing murder. It seems incredible that at the beginning of the 21st century, a man could be condemned to death for merely having witnessed a crime. Moreover, we now know that Kenneth Foster could not have foreseen the fatal act that he was unfortunate enough to witness that night.

The victim of the basest kind of prejudice and a flawed, inconsistent and unjust penal system, Kenneth Foster is likely to die unless in the next few hours, the American and European press stand up against this monstrosity.

Over recent days, the Texas governor answered the criticism emanating from European authorities: "Texans decided a long time ago that the death penalty was an appropriate and fair punishment for the most horrible crimes committed against our citizens."

And if that is already debatable, then what happens when no crime has been committed? Injustice triumphs, morality becomes nothing more than one's fatal pride and the judge becomes the assassin. Can one gloat about the spread of human rights, about defending equality before the law, about preaching freedom for the individual, and then shamefully and with such impunity commit such bloody crimes? Can one claim progress while legitimizing that which is illegitimate? Such unjust repression must come to an end.

For that, humanitarian voices everywhere must join forces with groups fighting to defeat the blind and barbaric intransigence of the governor of Texas . To achieve this, Kenneth Foster, who confronts his destiny with such dignity, must be made a triumphal example of newfound justice.

[Editor's Note: Texas Governor Perry on Thursday spared the life of Kenneth Foster Jr., commuting his sentence to life in prison, after the governor received a rare recommendation to do so from the Texas Board of Pardons and Paroles. It was only the 3rd time in 25 years that the board of paroles recommended clemency, and the 2nd time in 25 years that the governor followed the board's recommendation].

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