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	<title>Comments on: Kennth Foster Innocent of Murder; Still Going to Be Executed</title>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142288</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Wed, 15 Aug 2007 00:10:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142288</guid>
		<description>Your mindset that says you have no sympathy when journalists and bloggers make shit up about people with the kind of power prosecutors have?

That&#039;s the kind of mindset that leads to inaccurate posts like the one you wrote.

It&#039;s the same kind of mindset that causes journalists and bloggers to feel justified in making shit up about the president -- who, after all, has much greater powers than prosecutors have.

Not a good mindset for a blogger, in my view.

I have a different mindset: that nobody should be victimized by people who make shit up.  Even if they hold powerful positions.  Even if other people in the same profession have done bad things.</description>
		<content:encoded><![CDATA[<p>Your mindset that says you have no sympathy when journalists and bloggers make shit up about people with the kind of power prosecutors have?</p>
<p>That's the kind of mindset that leads to inaccurate posts like the one you wrote.</p>
<p>It's the same kind of mindset that causes journalists and bloggers to feel justified in making shit up about the president -- who, after all, has much greater powers than prosecutors have.</p>
<p>Not a good mindset for a blogger, in my view.</p>
<p>I have a different mindset: that nobody should be victimized by people who make shit up.  Even if they hold powerful positions.  Even if other people in the same profession have done bad things.</p>
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		<title>By: Steve Verdon</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142262</link>
		<dc:creator>Steve Verdon</dc:creator>
		<pubDate>Tue, 14 Aug 2007 20:38:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142262</guid>
		<description>&lt;blockquote&gt;I&#039;ve been reading a disturbing number of instances where critics of prosecutors not only were wrong, but simply made shit up or credulously went along with people who made shit up. Including journalists and bloggers.&lt;/blockquote&gt;

Yes, but I don&#039;t have the power to lock people up or ruin lives.  And oddly enough, many prosecutors are virtually immune from any sort of negative fall out for their mis-deeds.  So, I just can&#039;t muster any sympathy.</description>
		<content:encoded><![CDATA[<blockquote><p>I've been reading a disturbing number of instances where critics of prosecutors not only were wrong, but simply made shit up or credulously went along with people who made shit up. Including journalists and bloggers.</p></blockquote>
<p>Yes, but I don't have the power to lock people up or ruin lives.  And oddly enough, many prosecutors are virtually immune from any sort of negative fall out for their mis-deeds.  So, I just can't muster any sympathy.</p>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142250</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Tue, 14 Aug 2007 19:50:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142250</guid>
		<description>&quot;I&#039;ve been reading a disturbing number of instances where prosecutors not only were wrong, but simply make shit up or credulously going along with people who make shit up.&quot;

I&#039;ve been reading a disturbing number of instances where critics of prosecutors not only were wrong, but simply made shit up or credulously went along with people who made shit up.  Including journalists and bloggers.</description>
		<content:encoded><![CDATA[<p>"I've been reading a disturbing number of instances where prosecutors not only were wrong, but simply make shit up or credulously going along with people who make shit up."</p>
<p>I've been reading a disturbing number of instances where critics of prosecutors not only were wrong, but simply made shit up or credulously went along with people who made shit up.  Including journalists and bloggers.</p>
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		<title>By: DRJ</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142246</link>
		<dc:creator>DRJ</dc:creator>
		<pubDate>Tue, 14 Aug 2007 18:50:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142246</guid>
		<description>Steve Verdon,

Kudos to you for linking Beldar&#039;s critique of your post and for reconsidering your position.</description>
		<content:encoded><![CDATA[<p>Steve Verdon,</p>
<p>Kudos to you for linking Beldar's critique of your post and for reconsidering your position.</p>
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		<title>By: Steve Verdon</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142237</link>
		<dc:creator>Steve Verdon</dc:creator>
		<pubDate>Tue, 14 Aug 2007 17:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142237</guid>
		<description>&lt;blockquote&gt;&quot;Beldar digs into this case . . .&quot;

You mean, he read it.&lt;/blockquote&gt;

Yes, I did google around for it, but didn&#039;t find much with terms like &#039;Foster&#039;, &#039;Edmunds v. Florida&#039;, and so forth, or I found so much that it was impossible to tell where the right information was.  And note that Beldar actually hosts the decision on his own site.  So the idea that it was easily accessible is sort of misleading.

&lt;blockquote&gt;It seems inconsistent at first glance, until you look for the underlying theme: Prosecutors Were Wrong.&lt;/blockquote&gt;

Yes, there was that.  I have to admit I&#039;ve become rather disenchanted with prosecutors lately.  I&#039;ve been reading a disturbing number of instances where prosecutors not only were wrong, but simply make shit up or credulously going along with people who make shit up.

&lt;blockquote&gt;By relying The Nation, this site does a disservice to its readers. If you don&#039;t have enough conviction in your beliefs to present both sides, you automatically invalidate them&lt;/blockquote&gt;

Actually, once I read Beldar&#039;s account and the documents he hosts on his site, I did post the other side.  I&#039;m still a little curious as to why the other Dillard seemed to avoid being charged with capital murder.  I suppose pleading to a lesser charge is possible.</description>
		<content:encoded><![CDATA[<blockquote><p>"Beldar digs into this case . . ."</p>
<p>You mean, he read it.</p></blockquote>
<p>Yes, I did google around for it, but didn't find much with terms like 'Foster', 'Edmunds v. Florida', and so forth, or I found so much that it was impossible to tell where the right information was.  And note that Beldar actually hosts the decision on his own site.  So the idea that it was easily accessible is sort of misleading.</p>
<blockquote><p>It seems inconsistent at first glance, until you look for the underlying theme: Prosecutors Were Wrong.</p></blockquote>
<p>Yes, there was that.  I have to admit I've become rather disenchanted with prosecutors lately.  I've been reading a disturbing number of instances where prosecutors not only were wrong, but simply make shit up or credulously going along with people who make shit up.</p>
<blockquote><p>By relying The Nation, this site does a disservice to its readers. If you don't have enough conviction in your beliefs to present both sides, you automatically invalidate them</p></blockquote>
<p>Actually, once I read Beldar's account and the documents he hosts on his site, I did post the other side.  I'm still a little curious as to why the other Dillard seemed to avoid being charged with capital murder.  I suppose pleading to a lesser charge is possible.</p>
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		<title>By: Michael</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142234</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Tue, 14 Aug 2007 17:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142234</guid>
		<description>While we&#039;re on the subject: [&lt;a href=&quot;http://www.latimes.com/news/nationworld/nation/la-na-penalty14aug14,1,4816644.story?ctrack=1&amp;cset=true&quot; rel=&quot;nofollow&quot;&gt;link&lt;/a&gt;]

&lt;blockquote&gt;Under the rules now being prepared, if a state requested it and (AG) Gonzales agreed, prosecutors could use &quot;fast track&quot; procedures that could shave years off the time that a death row inmate has to appeal to the federal courts after conviction in a state court.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>While we're on the subject: [<a href="http://www.latimes.com/news/nationworld/nation/la-na-penalty14aug14,1,4816644.story?ctrack=1&amp;cset=true" rel="nofollow">link</a>]</p>
<blockquote><p>Under the rules now being prepared, if a state requested it and (AG) Gonzales agreed, prosecutors could use "fast track" procedures that could shave years off the time that a death row inmate has to appeal to the federal courts after conviction in a state court.</p></blockquote>
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		<title>By: harkin</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142227</link>
		<dc:creator>harkin</dc:creator>
		<pubDate>Tue, 14 Aug 2007 15:41:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142227</guid>
		<description>If you read the record you find that Foster not only drove the car that night as they went from robbery to robbery, all with a gun being used, you also learn that Foster personally targeted Patrick&#039;s car as the potential source of the next victim (which led to LaHood&#039;s death).   You also learn that Foster participated in robberies a few nights previous and he personally fired a weapon at a car which refused to yield.

By relying &lt;em&gt;The Nation&lt;/em&gt;, this site does a disservice to its readers.   If you don&#039;t have enough conviction in your beliefs to present both sides, you automatically invalidate them</description>
		<content:encoded><![CDATA[<p>If you read the record you find that Foster not only drove the car that night as they went from robbery to robbery, all with a gun being used, you also learn that Foster personally targeted Patrick's car as the potential source of the next victim (which led to LaHood's death).   You also learn that Foster participated in robberies a few nights previous and he personally fired a weapon at a car which refused to yield.</p>
<p>By relying <em>The Nation</em>, this site does a disservice to its readers.   If you don't have enough conviction in your beliefs to present both sides, you automatically invalidate them</p>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142222</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Tue, 14 Aug 2007 14:55:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142222</guid>
		<description>yetanotherjohn,

It seems inconsistent at first glance, until you look for the underlying theme: Prosecutors Were Wrong.

That part is consistent.</description>
		<content:encoded><![CDATA[<p>yetanotherjohn,</p>
<p>It seems inconsistent at first glance, until you look for the underlying theme: Prosecutors Were Wrong.</p>
<p>That part is consistent.</p>
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		<title>By: yetanotherjohn</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142215</link>
		<dc:creator>yetanotherjohn</dc:creator>
		<pubDate>Tue, 14 Aug 2007 14:33:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142215</guid>
		<description>So for you scoring at home, we have gone from &quot;he is innocent because he was just in the car&quot; to &quot;why aren&#039;t we going for the death penalty for the other two in the car since the first guy doesn&#039;t appear so innocent&quot;.

When I first started reading this, I thought that the death penalty opposition had found their holy grail of a death penalty being executed against someone who was clearly and unambiguously innocent (and the convicted saying they are innocent doesn&#039;t fall into that category). Instead it was &quot;I don&#039;t think the law used was right, so Steve Veredon overrules the court and declares him innocent&quot;. And it ends up with &quot;after getting a small taste of the testimony the court got, he was guilty, so why aren&#039;t we stringing up more people&quot;.

MSM move over, here comes the blogs.</description>
		<content:encoded><![CDATA[<p>So for you scoring at home, we have gone from "he is innocent because he was just in the car" to "why aren't we going for the death penalty for the other two in the car since the first guy doesn't appear so innocent".</p>
<p>When I first started reading this, I thought that the death penalty opposition had found their holy grail of a death penalty being executed against someone who was clearly and unambiguously innocent (and the convicted saying they are innocent doesn't fall into that category). Instead it was "I don't think the law used was right, so Steve Veredon overrules the court and declares him innocent". And it ends up with "after getting a small taste of the testimony the court got, he was guilty, so why aren't we stringing up more people".</p>
<p>MSM move over, here comes the blogs.</p>
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		<title>By: just me</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142199</link>
		<dc:creator>just me</dc:creator>
		<pubDate>Tue, 14 Aug 2007 13:05:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142199</guid>
		<description>&lt;i&gt;&quot;As Michael Demmon&#039;s points out, if you picked up a hitchhiker and he killed somebody, jumped back in your car, and out of fear and stupidity you drove off, then you&#039;d be guilty of murder too.&quot;

No, you wouldn&#039;t.

&lt;/i&gt;

Not guilty of murder, and likely to be the prosecutors star witness.</description>
		<content:encoded><![CDATA[<p><i>"As Michael Demmon's points out, if you picked up a hitchhiker and he killed somebody, jumped back in your car, and out of fear and stupidity you drove off, then you'd be guilty of murder too."</p>
<p>No, you wouldn't.</p>
<p></i></p>
<p>Not guilty of murder, and likely to be the prosecutors star witness.</p>
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		<title>By: just me</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142198</link>
		<dc:creator>just me</dc:creator>
		<pubDate>Tue, 14 Aug 2007 13:01:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142198</guid>
		<description>&lt;i&gt;Why wasn’t Dillard or Steen also tried for capital murder of Michael LaHood?&lt;/i&gt;

I admit I hadn&#039;t really been following this discussion until this morning.

But there are a couple of reasons the other two guys may not have been charged with a capital crime.

#1 They both may have opted to plead guilty for lesser sentences.

#2 They also may have been offered plea deals that lowered their sentences, in exchange for testimony against the other two men.

Also, it is possible the driver of the car, was offered a plea deal as well, but rejected it, however, if these guys were driving around for hours robbing people at gunpoint, that indicates a pretty active participation in the robberies, and I think does indicate at least some assumption of the risk that somebody was going to get killed and invoke a felony murder charge, if caught.</description>
		<content:encoded><![CDATA[<p><i>Why wasn&rsquo;t Dillard or Steen also tried for capital murder of Michael LaHood?</i></p>
<p>I admit I hadn't really been following this discussion until this morning.</p>
<p>But there are a couple of reasons the other two guys may not have been charged with a capital crime.</p>
<p>#1 They both may have opted to plead guilty for lesser sentences.</p>
<p>#2 They also may have been offered plea deals that lowered their sentences, in exchange for testimony against the other two men.</p>
<p>Also, it is possible the driver of the car, was offered a plea deal as well, but rejected it, however, if these guys were driving around for hours robbing people at gunpoint, that indicates a pretty active participation in the robberies, and I think does indicate at least some assumption of the risk that somebody was going to get killed and invoke a felony murder charge, if caught.</p>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142192</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Tue, 14 Aug 2007 07:57:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142192</guid>
		<description>Oh, and by the way?

&quot;As Michael Demmon&#039;s points out, if you picked up a hitchhiker and he killed somebody, jumped back in your car, and out of fear and stupidity you drove off, then you&#039;d be guilty of murder too.&quot;

No, you wouldn&#039;t.</description>
		<content:encoded><![CDATA[<p>Oh, and by the way?</p>
<p>"As Michael Demmon's points out, if you picked up a hitchhiker and he killed somebody, jumped back in your car, and out of fear and stupidity you drove off, then you'd be guilty of murder too."</p>
<p>No, you wouldn't.</p>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142189</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Tue, 14 Aug 2007 06:52:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142189</guid>
		<description>&quot;Beldar digs into this case . . .&quot;

You mean, he read it.</description>
		<content:encoded><![CDATA[<p>"Beldar digs into this case . . ."</p>
<p>You mean, he read it.</p>
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		<title>By: Patterico</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142186</link>
		<dc:creator>Patterico</dc:creator>
		<pubDate>Tue, 14 Aug 2007 03:54:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142186</guid>
		<description>Beldar 1, Verdon 0.</description>
		<content:encoded><![CDATA[<p>Beldar 1, Verdon 0.</p>
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		<title>By: Beldar</title>
		<link>http://www.outsidethebeltway.com/archives/kennth_foster_innocent_of_murder_still_going_to_be_executed/comment-page-1/#comment-142183</link>
		<dc:creator>Beldar</dc:creator>
		<pubDate>Tue, 14 Aug 2007 03:01:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/innocent_of_murder_still_going_to_be_executed/#comment-142183</guid>
		<description>The &lt;a href=&quot;http://www.beldar.org/beldarblog/2007/08/is-texas-about-.html&quot; rel=&quot;nofollow&quot;&gt; post&lt;/a&gt; from my blog that I&#039;ve linked with a trackback above includes a detailed discussion of the facts, which bear &lt;i&gt;very&lt;/i&gt; little resemblance to the way they&#039;re depicted in the quote Mr. Verdon started this post with.</description>
		<content:encoded><![CDATA[<p>The <a href="http://www.beldar.org/beldarblog/2007/08/is-texas-about-.html" rel="nofollow"> post</a> from my blog that I've linked with a trackback above includes a detailed discussion of the facts, which bear <i>very</i> little resemblance to the way they're depicted in the quote Mr. Verdon started this post with.</p>
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