SAN ANTONIO, Tex.—Kenneth Foster, Jr., whose adopted name is Haramia KiNassor, is scheduled to be executed by lethal injection on August 30 for a crime he did not commit.

Foster grew up here in San Antonio, where he lived with his grandparents. On August 14, 1996, 19-year-old Foster was driving a car with three other passengers who were involved in a series of robberies. Foster did not rob anyone, but he was the driver. Later in the evening the men found themselves behind another car. That car parked, a woman, Mary Patrick, got out and waived them to the side of the road. Mauriceo Brown got out of the car Foster was driving, got into a discussion with Patrick and ended up shooting and killing her boyfriend, Michael T. LaHood, Jr. There is no evidence that Foster or the other passengers participated or knew that a murder would be committed.

Foster was tried along with Brown, and both were found guilty of capital murder. The judge told the jury they could find Foster guilty of capital murder even though he had no intent to commit the offense. On May 5, 1997, Foster was found guilty of capital murder and he remains on death row.

Texas’ “Law of Parties” is being used in this case, but this is a gross misuse of the Law of Parties.

On March 3, 2005 San Antonio Federal District Judge Royal Fergeson overturned Foster’s death sentence, but the sentence was reinstated by the 5th U.S. Circuit Court of Appeals in New Orleans. The U.S. Supreme Court has refused to review the case.

Foster has a beautiful and talented daughter, Nydesha, 11 years old, who lives with her mother. Tasha Narez, Dutch hip hop artist from Rotterdam who goes by the name Jav’lin, began corresponding with Foster by email several years ago and recently married him by radio. She has been able to talk to him on death row, separated by glass, but she has never been able to touch him. On August 18, at the Concert to Stop the Execution of Kenneth Foster, Jr., held at the Carver Community Center, she spoke of her pride in bearing the name Foster but also of her sadness because he is on death row.

In his 10 years on death row Foster has educated himself and become an eloquent poet and fighter for social justice.

The death of LaHood was a tragedy. The killer of LaHood has already been executed. If Foster, who was 80 feet away in a car with the windows rolled up and the radio on, unaware of what had happened, is also executed, the tragedy is multiplied. In that case we all lose a fighter for social justice, Nydesha loses a father and Jav’lin loses a husband.

There is an urgent need for phone calls and faxes to Texas Governor Rick Perry, asking him to grant clemency to Kenneth Foster, Jr. (TDC #999232). Don’t let Texas execute Kenneth Foster for driving a car.

In Austin or from out of state the number is (512) 463-1782.

Fax: (512) 463-1849.

Calls from Texas: (800) 252-9600.

Email messages can be sent from the website: .