Texan Innocent of Murder Will Be Executed For It Anyway

Discussion in 'The Red Room' started by Xerafin, Aug 13, 2007.

  1. Herpetologist

    Herpetologist Likes Reptiles Too Much

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    That is Felony Murder and different entirely. A person who you are driving someplace, say a hitchhiker, who gets out of the car and a few minutes later unknown to you, robs and kills someone... is a different matter
     
  2. Herpetologist

    Herpetologist Likes Reptiles Too Much

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    Where do you get that?
     
  3. Lt. Mewa

    Lt. Mewa Rockefeller Center

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    From story..

    ** In 2005, a federal district judge found a "fundamental constitutional defect in Foster's sentence" and ruled that Foster's jury had not been asked to determine if he had any intent to kill LaHood, and that this failure represented a misapplication of the law. However, the state of Texas appealed to the Fifth Circuit Court of Appeals, which overturned the decision. ***


    Lets just work with what has been given to us here.
     
  4. Herpetologist

    Herpetologist Likes Reptiles Too Much

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    He however did not have the INTENT to be an accomplice to a crime.
     
  5. Zombie

    Zombie dead and loving it

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    It's Muad Dib. Like sadly a lot of other white people on this board once he knows the skin color is black then he assumes they are guilty of all future crimes they may or may not commit.

    It's like Minority Report except the report only shows actual minorities in his world view.
     
  6. Dan Leach

    Dan Leach Climbing Staff Member Moderator

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    Innocent people get killed by the state all the time in the few countries left that still use the DP. Justice is flawed, famously :shrug:
     
  7. Zombie

    Zombie dead and loving it

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    Sure....just gloss over everything else I wrote....... :rolleyes:

    I put that in there because stories like the one posted above have a nasty habit of leaving out certain facts.

    I don't want him executed or even in jail if all he did was drive him and drop him off.
     
  8. Uncle Albert

    Uncle Albert Part beard. Part machine.

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    I think it's more like "If somebody doesn't do it, I will."

    I'm thinking they don't have much trouble finding volunteer executioners in Texas.

    And this case is special in it's ambiguity. There is no shortage of cases where some motherfucker clearly needs killin'.
     
  9. Raoul the Red Shirt

    Raoul the Red Shirt Professional bullseye

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    As far as I can see, the Texas law of parties is felony-murder writ a little larger.
     
  10. Lt. Mewa

    Lt. Mewa Rockefeller Center

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    The odds are that he was picked up around the same tim eas the killer but for something else, then he got mixed up in the murder.

    But I agree that some vital info might be missing. But if we go by what is here, they should not be executing him.

    Those mugs in Texas just don't give a damn. This guy is fighting for his life. I might have expected him to get a life sentence if he was involved. Not the chair!!
     
  11. Diacanu

    Diacanu Comicmike. Writer

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    It seems to be a southern thing.

    Like, again, they claim to hate and fear government power, but there's the whole soldier worship, and cop-kisser deal going on down there too.

    Never been able to wrap my head around that paradox.
    :shrug:
     
  12. Uncle Albert

    Uncle Albert Part beard. Part machine.

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    Lemme ask you this. Did Mr. Innocent driver hear the gunshots, see the boyfriend drop, and call an ambulance? Did he report the shooter to the local PD? Right. Accomplice. He may not have helped kill that man, but he tried to help the killer get away with it.
     
  13. Herpetologist

    Herpetologist Likes Reptiles Too Much

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    And insane. Felony murder makes sense. If you are kidnapping someone and kill someone in the process, sure that makes sense. In this case, a person can be executed for picking up a hitch-hiker, if that hitch-hiker kills someone upon exiting the vehicle
     
  14. Paladin

    Paladin Overjoyed Man of Liberty

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    If Foster has been found guilty of participating in a murder, then he is a murderer regardless of who actually pulled the trigger.
    Makes it sound like he was minding his own business, completely detached from the goings on of the murder.
    As it should be. An accomplice to murder is a murderer.
    If Brown had left their company, why wait around in the car? Especially since Brown was going to be "100 yards away?"
    Brown may not have personally killed the victim; that does not make him "factually innocent."
    "I didn't know the gun was loaded." "I didn't know anyone was going to be in the house." "I didn't know she'd put up a fight." Ignorance of circumstances in the commission of a crime in no way excuses the crime. And, really, what difference does Foster's claim make? There's lots of men on death row who are "innocent."
    Evidence not heard at trial is not evidence. But if it is so compelling, bring it forward and appeal.

    And of course Brown claimed it was unplanned; everyone knows that premeditation is a ticket to the deathhouse.
    So a federal court upheld a state court? Sounds like due process to me.
    Correction: did not participate in the actual act of extinguishing the life of the victim. Charles Manson never personally killed anyone (so far as has been proven), either.
    Another correction: Foster is a man who claims not to have participated in the planning of a murder.

    Arrivederci, scumbag.
     
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  15. Lt. Mewa

    Lt. Mewa Rockefeller Center

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    Why take a break.

    Doesn't seem like ya head is screwed on any straighter. :shrug:
     
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  16. Patch

    Patch Version 2.7

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    Did any of those things in fact happen?

    He may not have seen the tussle, or the gunshots take place. He could have heard them, but its Texas everyone and their mother owns 8 guns and 3 can be heard going of at any second.
     
  17. Diacanu

    Diacanu Comicmike. Writer

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    :mewa: :soma:
     
  18. Spaceturkey

    Spaceturkey i can see my house

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    you noticing that too, huh?
     
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  19. Cervantes

    Cervantes Fighting windmills

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    Have you ever heard a gunshot go off?

    When I was going to see Dave Barry speak a few months back, we passed by a Miami PD K9 training facility. One of the officers fired a few shots for something, about 100 yards or so away, and it was loud as FUCK. You can not be that close to a gunshot and not realize that it's very, very near you.

    Also, according to Raoul:
    So they were committing crimes, apparently. And Foster or whoever knew the guy had a gun. Sat waiting in the car. Heard the gunshots.

    Accomplice. :borg:
     
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  20. Lt. Mewa

    Lt. Mewa Rockefeller Center

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    So Paladin, thinks the guy 'waited for the killer'. But there is no mention of that in the story. 100 yds in many places is about a block. A short block.

    I'm just going by the story. We don't have any info as to why the guy was even arrested in the first place. What exactly is the prosceution alledging he did other than drive the guy somewhere then leave?
     
  21. Lt. Mewa

    Lt. Mewa Rockefeller Center

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    Was the cop 100 yds away or was he shooting at something 100 yrds away?

    I have heard loads of gunshots and from my window they were never 'loud as fuck'. And I'm talking all kinds of guns.

    I totally disagree with that statement. 100 yds is about the length of an average block. Actually a little shorter.

    The only way it will sound very loud is if there is nothing in between you and the gun. Other cars, trees, people, houses, etc. will cause the sound to be difused.
     
  22. Dayton Kitchens

    Dayton Kitchens Banned

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    Well I'm not buying anything Amnesty International says about U.S. executions given their reputation for bitching and moaning everytime anyone is executed in the U.S.

    And just why would anyone believe the word of a convicted murderer?
     
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  23. Sean the Puritan

    Sean the Puritan Endut! Hoch Hech!

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    Because he's the only one in the world that can say whether he planned it or not?
     
  24. Paladin

    Paladin Overjoyed Man of Liberty

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    There are lots of things the story doesn't mention. For instance, it does not go into the details of the prosecution's case. It only presents information that paints Foster in the most positive, lilly-white light of innocence possible (a stretch, given the facts). I'm especially offended by the whole "100 yards away" thing, as if Foster were just sitting somewhere minding his own business while some horrendous event he was completely disconnected from was happening.
    Thank you for admitting that you only know half the story, and that you've been told with an agenda in mind. If Foster's so fucking innocent, let the army of lawyers no doubt working on his behalf to extract him from the grip of justice bring that evidence forward. An appeals court will judge if Foster got a fair trial. And if your beef is with the law? Tough. Until a higher court declares otherwise, it's legitimate.
     
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  25. Raoul the Red Shirt

    Raoul the Red Shirt Professional bullseye

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    Here's a more detailed article about the case, cut for length.

    http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:258647

     
  26. Dayton Kitchens

    Dayton Kitchens Banned

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    You can use physical evidence to determine whether a murder was planned or unplanned.
     
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  27. Raoul the Red Shirt

    Raoul the Red Shirt Professional bullseye

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    And here's a piece by a friend of the victim:

    http://www.huffingtonpost.com/seanpaul-kelley/kenneth-foster-jr-an-i_b_58655.html

     
  28. Diacanu

    Diacanu Comicmike. Writer

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    But you kept the blood, and tits, and pubic hair, and the letterboxing, right?
     
  29. Dayton Kitchens

    Dayton Kitchens Banned

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    Victim impact statements should have no effect either way in pardon the expression, execution of the sentence.
     
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  30. Zombie

    Zombie dead and loving it

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    ^^^^^Raoul's post....

    Well after reading that...........

    Fry his ass. Extra crispy.
     
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