Many people by now are hearing about Kenneth Foster Jr., a death row inmate who is slated to be executed by the state of Texas on August 30th. God willing this does not happen.
I’ve just concluded a legal visit with Kenneth, in which he updated me on his legal situation and his plans. He also spoke of his state of mind, heart and spirit. His legal writ, he informed me, has been denied. Not on its merits, but on legal technicalities, ie. late introduction of evidence that further highlights his innocence. Mentally, he is strong. His heart is strong. And of course, his spirit is strong. But, the main thing for me is this: I was able to see him. And to me that is everything. A blessing. A gift. And I am better for it.
People think they know or can imagine what it is like for us here on death row. In all actuality, you can’t. It’s impossible. This doesn’t mean we’re ungrateful to the people who lovingly and graciously stand by our sides, as we battle to save our lives. Just that death row is a hell within a hell…. It is a torture that cannot be imagined. Yet, for many of us – we’re not broken. No, we’re not. We fight. We fight not only for ourselves, but also for others who really have no chance to fight, or who refuse to fight. The difference is just this. To put into perspective what it means to be broken, consider that about 3 weeks ago I was placed on disciplinary punishment level 3. When I got moved to lockdown later that night, an inmate I knew back on Ellis Unit, cut his throat while the nurse looked on! Think it’s not hell here? So when I say we’re not broken, that we fight, please understand I am not talking about something that merely has to do with the courts.
“Brah, this is insane! This is inhuman! We have to do something about the abuse and living conditions here on death row!” These were the words of my Kenneth Foster Jr, my “lil brother” a few years ago. I love him so much ‘cause he has a heart of gold. No one really had to tell him to get involved to fight to better the conditions here on death row. He saw what I saw. Abuse of authority from top to bottom. People with mental disorders who live in their own filth – who’re covered in faeces and who drink out of disease infected toilets because guards won’t feed, shower or rec them. Bird droppings all over the rec yards and water fountains we’re supposed to drink from. Foul and spoiled foods – a few years ago dead rats found on a few trays. A few days ago five dead birds lay on the outside rec guard and they remained there four or five hours more despite guards not only being told about them but seeing them. It wasn’t until Major Nelson came through and I “mentioned” it that they were immediately cleaned up. Hell. And Kenneth knows this. But rather than be broken by all this and more, he chose to stand up and fight to make things better.
A few years ago, when I was given an execution date, I let Kenneth know my plans to protest my execution date. Not just him, but a few other close “brothers”. But, it was only Kenneth who got back with me immediately to say he’d “ride” (participate). Was I surprised? Not really, because Kenneth knows me. Kenneth loves me. I’m his “big brother” and he was hurting because I had an execution date. We were joined by Rob Will and Gabriel Gonzales – they all would be the foundation behind DRIVE – the death row activist group who’d make up the core of individuals who’d fight consciously and non violently to change death row conditions. And fight to end the death penalty.
Kenneth has an August 30th execution date. I’m hurting. It hurts real bad to think my lil brother is under threat of death…. It hurts… I think of the victims in Kenneth’s case and think, surely they can’t want my lil brother to die! I mean, we all know Kenneth didn’t kill anyone. Nor did he encourage the killing of anyone. In fact, the person who did kill Mr Lahood was executed last year… Yet Kenneth, my lil brother, faces the needle… Is this justice? Truthfully, ask yourself, IS THIS JUSTICE?
The facts are not disputed – Kenneth urged his friends that night not to commit robbery. Kenneth didn’t know one of is co-defendants left the car with a gun. Kenneth attempted to drive off when he heard a gun shot, only to be urged to wait for Maurecio. No one says Kenneth benefited in any way from the crime. Yet, he is on death row. He faces an August 30th execution date. Is this justice?
One thing that Kenneth and I firmly believe is that the power to change things rests with the people. See, Kenneth is not the first or only person who has faced execution for something he didn’t do. Convicted under the Texas Law of Parties. It doesn’t matter. But Kenneth did try and change the Law of Parties, both through political means and also through the courts. Both means failed, Why? Because the people in both instances refused to act in a manner which would’ve made a difference. See, Texas politicians have been known about Kenneth. Yet, have they brought forth bills to change or amend the law of parties? Rodney Ellis? Harold Dutton? Sheila Jackson Lee? Texas anti death penalty groups neither fully got behind Kenneth’s “Visions For Life” campaign. They verbally “supported” it. But, didn’t physically move to build it. Thus, other brothers, like Joseph Nichols-Bey, are dead. A Law of Parties victim. But Kenneth and I still firmly believe in the power of the people. It has been and always will be the people who can make the changes necessary for us to have a justice system which truly reflects the just standards of the society we live in.
There is no doubt Kenneth Foster Jr’s life is worth saving. The question is, will the people step up and do so?
Please contact your local and statewide political representative, and urge them to step up and help save the life of Kenneth Foster Jr.
Always,
In Strength and In Spirit!
Tony Egbuna Ford