Kenneth was born in Austin, Texas on October 22, 1976. He moved to live with his grandparents in San Antonio, Texas when he was four. Kenneth attended high school at John Marshall where he graduated in 1995. During his high school years, Kenneth pursued an interest in the music industry. He worked with such record companies such as: Eternal Life Productions, Mystic Records, and Dad's House Recording Studios. With the views of wanting to help young people like himself, he immediately attended St. Phillips College in the fall of 1995 and majored in Sociology to become a social worker. With hard work and initiative, Kenneth started his own business, Tribulation Records, in May of 1996 at the age of 19.Kenneth's case summary:
19-year-old Kenneth Eugene Foster, Jr. picked up Dwayne Dillard and Julius Steen on the afternoon of August 14, 1996, to smoke marijuana and ride around. Foster was driving his grandfather’s rented white four-door Chevrolet Cavalier. At about 9 p.m., they picked up Mauriceo Brown, who had returned from a trip to a college with his mother.
At about 11:30 p.m., Brown suggested that they commit a robbery and everyone agreed. About an hour later, Steen saw a waitress walking home from work and announced, “There is our hit.†Brown and Steen put on blue bandanas. Brown approached her, stuck a pistol in her face, and demanded her purse, which Steen took. A few blocks away, Steen spotted two women and a man talking in a parking lot and again announced, “That is our hit.†Again, Brown displayed the gun and demanded the purses, while Steen took the property.According to Dillard, Foster’s role during the robberies was “just to drive†the car that transported Brown and Steen from place to place. Brown and Steen directed Foster wherever they wanted to go and told him when to stop the vehicle. (E.H. Vol. 2, 1/16/01, p. 25). The four collectively agreed whether everyone was “down for a jack†before commencing a robbery. (Vol. XVII, pp. 445-447; 451). Foster was driving the car, Steen was in the front passenger seat, and Brown and Dillard sat behind them in the back seat. Dillard had the gun in the car. (E.H. Vol. 2, 1/16/01, p. 27). Dillard testified at the evidentiary hearing on Foster’s state writ application that there was no agreement among the four men as to what Steen and Brown did; according to Dillard, Brown and Steen made all the decisions and did what they wanted to do. (E.H. Vol. 2, 1/16/01, p. 25).After having committed two robberies, Foster was driving to Dillard’s house through a residential area in order to avoid being spotted by police. (E.H. Vol. 2, 1/16/01, p. 28) Dillard testified that Foster had told him that he wanted Brown and Steen to stop committing the robberies. (E.H. Vol 2, 1/16/01, p. 26). “He told me that he wanted to stop and he felt like if he told me that I would tell them and that they would listen to me.†(E.H. Vol 2, 1/16/01, p. 26). Foster had earlier asked Dillard to persuade Brown and Steen to stop robbing. (E.H. Vol. 2, 1/16/01, p. 68). Foster said he wanted Dillard to tell Brown and Steen because they would listen to him. (E.H. Vol 2, 1/16/01, p. 68). Dillard had known Brown and Steen longer than Foster. (E.H. Vol 2, 1/16/01, p. 68). Foster expressed concerns about his grandfather and said he needed to get the car (which belonged to his grandfather) back by a certain time. (E.H. Vol. 2, 1/16/01, p. 69).Dillard testified that after Brown and Steen had committed two robberies, he believed there would be no more robberies because he took his gun back. (E.H. Vol. 2, 1/16/01, p. 27). For the two robberies, Dillard gave the gun once to Steen and once to Brown, and they gave it back, so Dillard understood the robberies were over. Id. While driving home, they saw a scantily-clad woman who appeared to be waving them down in front of a residence. Brown wanted to stop to talk to her and get her phone number. There was no discussion about committing a robbery. (Vol. XVII, pp. 367-368; 413).Dillard testified that Steen directed Foster to stop the car because the woman was waving her arms in the air as if to flag them down for assistance. (E.H. Vol. 2, 1/16/01, p. 29). On Steen’s instructions, Foster put the car in reverse and backed up. (E.H. Vol. 2, 1/16/01, p. 30-31). Dillard testified that when the car stopped, Dillard had the gun. (E.H. Vol. 2, 1/16/01, p. 31). Dillard told Foster, “let’s go.†As Foster began to pull away from the curb, Brown got out of the car and grabbed the gun which was sitting on Dillard’s left side. (E.H. Vol. 2, 1/16/01, p. 31).Dillard testified that Brown did not ask him for the gun, he did not expect Brown to take his gun, and he had not given Brown permission to take the gun. (E.H. Vol 2, 1/16/01, pp. 32; 69). Dillard testified that Foster could not have seen Brown snatch Dillard’s gun because it was dark, Foster was driving the car, and Brown and Dillard were in the back seat. (E.H. Vol 2, 1/16/01, p. 70).When Brown walked toward the woman, her boyfriend, Michael LaHood, approached from the driveway. Brown and LaHood exchanged words. Steen said he heard Brown say, “‘Give me your wallet,’ or something to that effect.†(Vol. XVII, p. 322). “I heard him say, Give me your wallet, or Break yourself.†(Vol. XVII, p. 360). Brown inexplicably shot and killed LaHood.Dillard testified that he heard a shot and knew that it was Brown’s gunshot, but did not see what happened. (E.H. Vol 2, 1/16/01, p. 34-35). No one else in the car said anything indicating that they knew what had taken place on the driveway. Id.Dillard testified that there was no agreement or plan to rob anyone at this residence or for Brown to shoot Michael LaHood or anyone else. (E.H. Vol. 2, 1/16/01, p. 33). No one in the car, including Foster, directed Brown to rob anyone at the La Hood residence. (E.H. Vol. 2, 1/16/01, p. 33-34). No one, including Foster, encouraged Brown to commit a robbery. No one, including Foster, assisted or attempted to help Brown commit a robbery or to shoot Michael La Hood. (E.H. Vol. 2, 1/16/01, p. 34).Dillard testified that after the shot, Foster started to drive away but Dillard told him to stop. Foster appeared surprised and panicked. (E.H. Vol 2, 1/16/01, p. 35).Dillard testified that he was surprised by what Brown did. (E.H. Vol 2, 1/16/01, p. 36). He testified that Brown’s act was spontaneous and that he did it all of a sudden. (E.H. Vol 2, 1/16/01, p. 36-37).How Texas Conspiracy Law Permitted the Jury to Find Kenneth Foster Guilty of Capital MurderThe trial court charged the jury as follows:If you find from the evidence beyond a reasonable doubt that the defendant, Kenneth Foster, acting with the intent to promote or assist in the commission of the offense of capital murder, did encourage, aid, or attempt to aid, Mauriceo Mashawn Brown in the commission of the offense, by driving the car; then you will find the defendant, Kenneth Foster, guilty of the offense of capital murder . . . [or] that the defendant, Kenneth Foster entered into a conspiracy, as herein defined, with Mauricio Mashawn Brown, and/or Julius Steen, and/or Dwayne Dillard, to commit the offense [sic] robbery, and . . . in an attempt to carry out this conspiracy. . . Brown did . . . intentionally cause the death of . . . LaHood . . . while in the course of committing or attempt to commit robbery, if such offense was committed in furtherance of the unlawful purpose to commit robbery, and was an offense that should have been anticipated as a result of the carrying out of the conspiracy if any, then you will find the defendant Kenneth Foster guilty of the offense of capital murder, though he may have had no intent to commit the offense.(CR 376?77). The jury found both Brown and Foster guilty of capital murder. After a two day punishment hearing with 17 witnesses, the court instructed the jury to answer the three questions required in the Texas procedure to impose the death penalty. The second question, taken from the statute, was:Do you find from the evidence beyond a reasonable doubt that Kenneth Foster actually caused deceased’s death, or that he intended to kill the deceased or another, or that he anticipated that a human life would be taken?(Tex.Code Crim. Proc. art. 37.071, § 2(b)(2))(CR 395). The jury answered all three questions against Brown and Foster (Motions Tr. 399?401). The judge sentenced both men to death (Motions Tr. 407).
THE TIME IS NOW...DON'T WAIT...GET INVOLVED...
Clocks Provided By Blinkyou.com
--------------------------MySpace Layouts
