|Kenneth Foster Sr in 2007 after hearing the news that his son
Kenneth Foster Jr’s death sentence was just commuted to life
by Governor Rick Perry
Today, Tuesday March 29, the Texas House Committee on Criminal Jurisprudence will hear testimony on two bills that would require separate trials in death penalty cases. HB 2200 was filed by State Rep Borris Miles to require separate trials. HB 2511 was filed by State Rep Harold Dutton. In addition to the separate trials requirement, Dutton’s HB 2511 also contains a provision prohibiting death sentences in Law of Parties cases.
The issue of separate trials arose after Governor Rick Perry commuted the death sentence of Kenneth Foster, Jr in 2007. At the time, Perry cited the fact that Foster had been tried together with his co-defendant as a reason for his decision to commute the death sentence. Rep Dutton has also filed HB 855 that would prohibit death sentences in Law of Parties cases. It will also be heard on Tuesday.
Below is the statement Perry issued on the day of the commutation in 2007: