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| Version 1 | Version 2 |
|---|---|
| Texas clemency for death row man | Texas clemency for death row man |
| (5 days later) | |
| The governor of Texas has halted the execution of a getaway driver in a botched 1996 robbery that ended with an accomplice shooting a man dead. | |
| Governor Rick Perry commuted Kenneth Foster's death sentence to life after a recommendation from the parole board. | Governor Rick Perry commuted Kenneth Foster's death sentence to life after a recommendation from the parole board. |
| Foster, now 30, was convicted under a Texas law allowing accomplices to a crime that results in murder to face capital punishment. | Foster, now 30, was convicted under a Texas law allowing accomplices to a crime that results in murder to face capital punishment. |
| Mr Perry called the decision to commute the sentence "right and just". | Mr Perry called the decision to commute the sentence "right and just". |
| Human rights groups had urged clemency for Foster. | Human rights groups had urged clemency for Foster. |
| Prosecutors successfully argued during his trial that Foster displayed "reckless disregard for human life". | Prosecutors successfully argued during his trial that Foster displayed "reckless disregard for human life". |
| The Texas "law of parties" abolishes the distinction between the main perpetrator of a crime and an accomplice, allowing both to be held equally culpable. | The Texas "law of parties" abolishes the distinction between the main perpetrator of a crime and an accomplice, allowing both to be held equally culpable. |
| Point blank range | Point blank range |
| In August 1996, Foster was driving a car with Mauriceo Brown and two other young men as they carried out a series of robberies in San Antonio while all four were high on marijuana. | In August 1996, Foster was driving a car with Mauriceo Brown and two other young men as they carried out a series of robberies in San Antonio while all four were high on marijuana. |
| In the course of the night, Brown jumped out of the car and got into an argument with 25-year-old Michael LaHood, demanding his wallet and car keys. | In the course of the night, Brown jumped out of the car and got into an argument with 25-year-old Michael LaHood, demanding his wallet and car keys. |
| When Mr LaHood could not produce them, Brown shot him in the face at point blank range, before returning to the car which was parked some 30m away. | When Mr LaHood could not produce them, Brown shot him in the face at point blank range, before returning to the car which was parked some 30m away. |
| Allowing his life to be taken is a shocking perversion of the law Larry Cox, executive director of Amnesty International USA | Allowing his life to be taken is a shocking perversion of the law Larry Cox, executive director of Amnesty International USA |
| Prosecutors argued that Foster "should have anticipated" that his friend had a gun and that he was likely to use it to kill. | Prosecutors argued that Foster "should have anticipated" that his friend had a gun and that he was likely to use it to kill. |
| Amnesty says there was no evidence demonstrating that Foster could know a murder would be committed. | Amnesty says there was no evidence demonstrating that Foster could know a murder would be committed. |
| "In essence, Kenneth Foster has been sentenced to death for leaving his crystal ball at home," Larry Cox, executive director of Amnesty International USA, said of the case. | "In essence, Kenneth Foster has been sentenced to death for leaving his crystal ball at home," Larry Cox, executive director of Amnesty International USA, said of the case. |
| "Allowing his life to be taken is a shocking perversion of the law." | "Allowing his life to be taken is a shocking perversion of the law." |
| EU plea | EU plea |
| The gunman, Brown, was executed in 2006. | The gunman, Brown, was executed in 2006. |
| Foster was due to face the same fate at 2300 (0400 GMT Friday). | Foster was due to face the same fate at 2300 (0400 GMT Friday). |
| The two other men are serving life sentences. | The two other men are serving life sentences. |
| Last week Texas carried out its 400th execution since reintroducing the death penalty in 1976. | Last week Texas carried out its 400th execution since reintroducing the death penalty in 1976. |
| Johnny Ray Conner, 32, was put to death by lethal injection for the 1998 fatal shooting of a grocery store clerk. | Johnny Ray Conner, 32, was put to death by lethal injection for the 1998 fatal shooting of a grocery store clerk. |
| Earlier in the week, the EU urged Texas to end the "cruel and inhumane" practice, but Texas's governor said it was a "just and appropriate" punishment. | Earlier in the week, the EU urged Texas to end the "cruel and inhumane" practice, but Texas's governor said it was a "just and appropriate" punishment. |