Interview With A Death Row Inmate: Kenneth Foster

A. Life before this conviction was intricate. I had parents that ran the streets, but found refuge with grandparents who were righteous people, so I found myself entertaining a bit of both lifestyles. As a conscious and mature man I can look back and see my delinquency, nevertheless we all have stages to grow out of and I was trying.

I had a family, girlfriend and daughter. I was involved in the music industry and at the time of this case was a college student. It was all about finding oneself, but I unfortunately got tangled up in the wrong crowd before I could get before I needed to be meaning (maturity and responsibility wise).

Q. Could you tell us how long you have been on death row, and a little about your case?

A. I have been on death row since 7-1-1997, over nine years. I was charged with being a party to Capital murder. The thing is...if I may extend this..it's never been fully established what I was convicted as. My statue7.02(a)(b), the Law of Parties states that one must be a major participant (by intent, encouragement, or participation) or a conspirator. Then you have to zone in on key words used to justify this conviction and sentence, like, intent, anticipation, reckless endangerment to a human life. It's a lot of word play, word play that can easily confuse and mislead.

We don't know specifically what this jury felt I did, all we know is they said "guilty," but we have no idea if their decisions for saying "guilty" are even legally correct. Thus, for the courts have merely assured what the jury did, their trying to kill me on conjecture. The system is carrying out injustices by allowing "umbrella" convictions. To take away a man's life is a serious thing. Every element should be explained. Though the courts have raged on( in conjecture about what the jury thought), my conviction (from my jury charge) came down to the following lines:

"if you find from the evidence beyond a reasonable doubt that the defendant Kenneth Foster Jr., acting with the intent to promote or assist in the commission of the offense, ( in driving the car), then you will find the defendant, Kenneth Foster Jr., guilty of the offense of Capital murder", or..."that the defendant Kenneth Foster Jr. entered into a conspiracy.

We have no idea which one they felt, or why therefor it's impossible for us to put up a proper defense. The system demands us to answer for our actions, but they refuse to extend the same sentiment.

Q. I have researched TDCJ website and notice their are inmates in prison for arson, serious crimes against children (including rape), and even murder, yet these inmates are not on death row. How do you account for being on death row, and being the driver and not the murderer?

A. My feeling are that these people are fanatical about killing people. 7.02(b) is so opened that you can be sentenced to die for ex. telling someone to go steal a beer and they end up killing someone. 7.02(b) says you can die for that. There needs to be extensive examples of what intent to kill, and reckless endangerment is. Anticipation has become a deadly word. What standards can one set of people place upon another regarding what they can anticipate. That's a malicious standard. You've heard of hindsight 20/20, but foresight 20/20 is insane. 7.02(b) is an abusive and malicious way to take someone's life.

Q. Kenneth, some people are not familiar with The Law of Parties, or 7.02(b), could you explain this more to us?

A. 7.02(b) states:
"If in the attempt to carry out a conspiracy to commit one felony (ex: robbery, arson, rape, kidnapping) another felony is committed by one of the conspirators (ex. murder) and conspirators are guilty of the felony actually committed (meaning the capital murder as a whole) though having (no intent) to commit it (meaning the death), if the offense was committed of the unlawful purpose and was one that should have been anticipated as the result of the carrying out of a conspiracy."

We could dissect this foul statue many ways:

Who sets the standard for what one should anticipate and how?

The Supreme Court has stated that for a person to be sentence d to death a person must:

1. Be a major participant in the crime (or)

2. Have acted with reckless endangerment towards a human life.

But, the above statue says that you can be executed even if you had NO intent to cause a death. So, how can one cause reckless endangerment toward a human life if they didn't even show intent to kill? It's a sickening contradiction.

A regular conspiracy charge under 15.02 of the criminal code of procedures does not carry a death sentence, but it does here. How is that logical? 7.02(b) was made so prosecutors can pick and choose who they wish to make death eligible. It has nothing to do with morality or fairness. Is a mere non trigger man conspirator in the same boat as a non trigger man who encourages (verbally) like.."kill that person!"?. Agreeing to rob and agreeing to kill are totally separate intentions. 7.02(b) jumbles all of this together in one pot creating a recipe of violations of human rights.

Q. I have heard about DRIVE, can you tell us what that is?

A. DRIVE is The Death Row Inner-Communalist Vanguard Engagement which we (death row inmates) founded through the discontentment of being treated subhuman on Texas's death row. We've been targeted to be subjected and due to our status as "death row" we've been deemed unfit to live in humane conditions. The don't care if we're treated right or not (for as they say "You're just going to die anyway"), so through their indifference, neglect spawned. DRIVE was birthed, because as Martin Luther King, Jr. stated, "The day we become silent about the things that truly matter, we've ceased to live". DRIVE is also dedicated to protest executions and set the example that only when we refuse to participate in this murder ritual will society refuse to participate in it. We have to show that this is not OK, DRIVE is dedicated to change.

Q. Could you tell me about the conditions on the Polunsky Unit in Texas death row?

A. There's an abundance of things that need to be changed on death row, from great to small. The number one thing is how we're housed. We're being housed as Administration Segregation (which is designed for punitive reasons)ex. No group recreation, no TV's, no arts and crafts, We've done nothing to be treated in a punitive fashion. Take under consideration, there are murderers in general population with more privileges than myself (I didn't murder anyone). How is that fair?

Another thing is the sanitation is not kept up on this building. Heres the logic of TDCJ: They refuse to let death row prisoners work, so general polulation prisoners work our building. However, due to the strict criteria for a prisoner to be a worker, they are understaffed so the building is never properly cleaned. They prefer this rather than allowing us to do it. The lust for control is a destructive cycle.

We have more issues on the DRIVE site, log onto http://www.drivemovement.org

Q. Do you feel the death row inmates are treated differently than the rest of TDCJ prisons?

A. From what I've described so far, I'm sure you'll see how differently we're treated, it's a political statement.

Q. Could you tell us about "The Fight To The End"?

A. Well, I didn't actually start the "fight to the end " Campaign, it actually began with prisoners years ago who fought/resisted until the end. (Desmond Jennings, Ponchai Wilkerson, Shaka Sankota, R. Emerson, Todd Willingham). What we've done is rekindle it. Tony Ford set the spark in November 2005, when he was protesting a month before his set execution. I stood as a passionate mouthpiece for it. What this "fight/resist, to the end " campaign means is we are urging all death row prisoners to stop participating in their own murders. Stop eating the last feast, stop walking to their death rooms, all which seem to harmonize this process. This is not humane, they are botching people's executions. We have to show that we don't agree with this, that it is wrong. For too long now they've been successful in keeping the death penalty alive, because they hide it. It's time to bring it back publicly like in medieval times. If we can't show how vile it is, it will never end.

Q. Do you feel the public needs to be more educated about Capital Punishment?

A. The public is totally uneducated to what makes up Capital Punishment. You see, they don't teach courses on it in school. I'd like people to know that Capital Punishment is a systematic social genocide. Human rights tribunals states that genocide is: "any of the following acts committed with intent to destroy, in whole or in part, a national, ethical, racial or religious groups such as :

Killing members of the group (Capital Punishment)

Causing serious bodily or mental harm to members of the group (Sensory deprivation housing)

This is what Capital Punishment is. It's an arbitrary process focused on the poor and people of color. Until people realize this America will continue to be despised by the International community.

Q. What legal point is your case currently at?

A. Currently I'm in the final stages of my appeals. I'm entering the Supreme Court, so I'm facing having an execution date placed upon me. We're currently reaching out to politicians trying to get them to intervene on my behalf, due to this wrongful conviction. This may be my only hope, as the courts are proving to be brutal in their rulings. I need people to stand behind my campaign.

Q. Kenneth, if your ever set free, what are your goals for the future?

A. Dee, there is a very long list of goals, too many to name here but, first and foremost I've dedicated my life to activism. I'll forever fight against the death penalty and the brutality of people and the Earth. I'd definitely like to finish getting my college degree, raise a family, build bridges to help rebuild Africa. This is not even mentioning my ideas for businesses, and outreach programs, like for gang reform. Performing my poetry is the center of my heart is well, simply put, the world will be a better place with me in it.

Q. How can your support group be reached?

A. The Kenneth Foster Support Group
http://www.freekenneth.com
http://www.kennethfoster.de
http://www.myspace.com/kennethfostersupportgroup

Q. Kenneth, I want to thank you for this interview, and at this time if there is anything you would like to add to this please do so.

A. I'd like to add that not all men on death row are guilty, or monsters, or undesirables. Sometimes prisoners are the best politicians, and politicians are the best crooks. Revolution is about construction, not destruction and color has no bearing to true revolutionaries. Women are leading the movements of the world today, and we need that so very much. Fascism is alive in America. Let's make America better. There can be no social order without social justice. And finally," I won't be defeated even when death kisses my lips. Coz I've done made love to life long before, and will be the love of your life long after These times we face are utterly drastic, but plan to defy all odds" (excerpt from my poem The Resolution)