Cleve “Sarge” Foster is scheduled for execution this Tuesday, Sept 25, in Texas. His previous two execution dates were stayed at the last minute. Foster was sentenced to death under the Law of Parties.

Call Governor Rick Perry at 512 463 2000 to urge him to issue a stay of execution for Cleve Foster and tell him that no one should be executed under the Law of Parties. You can email Perry at his website.

From the Austin Chronicle:

Cleve Foster, a Desert Storm veteran turned Army recruiter in Fort Worth, is slated to be the next inmate executed in Texas.

Foster, known as “Sarge,” and one of his recruits, Shelton Aaron Ward, were each convicted of the 2002 rape and murder of Sudanese immigrant Nyanuer “Mary” Pal. The two were seen talking to her in a bar shortly before her murder; the three left at the same time, and Foster and Ward followed Pal as she drove off in her car. Pal’s body was later found in a ditch by workers laying pipe.

Ward died in prison, reportedly of brain cancer, in 2010. Foster has maintained his innocence, and argued that he had an incompetent trial attorney who failed to present expert testimony supporting his innocence claim – and that his state habeas attorney was also incompetent for failing to raise on appeal the ineffectiveness of his trial counsel. In several statements Ward repeatedly claimed that he alone murdered Pal, but prosecutors have said Ward’s statements are inconsistent with the evidence. DNA evidence showed both men had sex with her before her death, but Foster insists he was passed out from sleeping pills and wasn’t involved in Pal’s killing.

Indeed, Foster was tried and sentenced to death not for directly killing Pal, but as a party to the crime. Under Texas law, if a person knows or could have anticipated that a crime would occur, he can be charged as a party to it, even if he has no direct physical connection to the crime or any intent to commit it.

From the AP

What Cleve Foster remembers most about his recent brushes with death is the steel door, the last one condemned Texas inmates typically walk through before their execution.

“You can’t take your eyes off that door,” he says.

But twice over the past year and a half, Foster has come within moments of being escorted through the door, only to be told the U.S. Supreme Court had halted his scheduled punishment.

On Tuesday, Foster, 48, is scheduled for yet another trip to the death house for participating in the abduction and slaying of a 30-year-old Sudanese woman, Nyaneur Pal, a decade ago near Fort Worth.

It takes just under an hour to drive west from the Texas Department of Criminal Justice Polunsky Unit, where the state’s male death-row inmates are housed, to the Huntsville Unit, where condemned Texas prisoners have been put to death for nearly a century. The last 485 have been by lethal injection; the first 361, from 1924 through 1964, from the electric chair.

On execution day, the condemned inmate waits, usually for about four hours, in a tiny cell a few steps from the steel door to the death chamber.

Foster, a former Army recruiter known to his death row colleagues as “Sarge,” denies his role in the murder. Prosecutors say DNA ties him to the killing and that he gave contradictory stories when questioned about Pal’s death.

In this Aug. 29, 2012, photo, convicted… View Full Caption
“I did not do it,” he insisted recently from a tiny visiting cage outside death row.

Appeals again were pending in the courts, focusing on what his lawyers argued was poor legal help both at his 2004 trial in Fort Worth and by attorneys early in the appeals process. Similar appeals resulted in the three previous reprieves the courts subsequently have lifted, but his lawyers argue his case should get another look because the legal landscape has changed in death penalty cases.

“I don’t want to sound vain, but I have confidence in my attorney and confidence in my God,” he said. “I can win either way.”

Pal’s relatives haven’t spoken publicly about their experiences of going to the prison to watch Foster die, only to be told the punishment has been delayed. An uncle previously on the witness list didn’t return a phone call Friday from The Associated Press.

Foster, however, shared his thoughts of going through the mechanics of facing execution in Texas — and living to talk about it.

The process shifts into high gear at noon on the scheduled execution day when a four-hour-long visit with friends or relatives ends at the Polunsky Unit outside Livingston.

“That last visit, that’s the only thing that bothers me,” he said. “The 12 o’clock-hour hits. A dozen or so guards come to escort you.”

By Foster’s count, it’s 111 steps to the prison gate and an area known as the box cage. That’s where he’s secured to a chair for electronic scrutiny to detect whether he has any metal objects hidden on his body.

It’s the legacy of inmate Ponchai Wilkerson. Wilkerson, asked by the warden if he had a final statement after he was strapped to the death chamber gurney for execution in 2000, defiantly spit out a handcuff key he’d concealed in his mouth.

“You’re in handcuffs, you’re chained at the ankles, they give you cloth shoes and you have to shuffle to keep them on,” he said.

As he waddles the 111 steps, he gets acknowledgement from fellow prisoners who tap on the glass of their cells.

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