1
00:00:11,800 --> 00:00:14,640
[Foster] You know, I later learned a lot
about the LaHoods.
2
00:00:18,920 --> 00:00:22,840
Their father's a good man, from everything
that I've learned about the family.
3
00:00:27,720 --> 00:00:30,840
And this father had three boys,
4
00:00:30,920 --> 00:00:36,760
which was Michael Jr., which was Nicholas,
and there's a younger brother.
5
00:00:39,720 --> 00:00:41,520
Well, I learned that Michael
was a young man
6
00:00:41,600 --> 00:00:43,320
that had a lot of potential.
7
00:00:46,040 --> 00:00:50,360
This was a potential that was cut short.
8
00:00:55,040 --> 00:00:58,320
I understand
from his family's perspective that...
9
00:01:02,360 --> 00:01:04,920
they kind of see me
as the responsible party.
10
00:01:36,640 --> 00:01:39,160
There's a point that I had to come to
in my life
11
00:01:39,240 --> 00:01:43,560
where I had to realize
that I put myself in this position
12
00:01:43,640 --> 00:01:48,080
and I was a part
of this crime that took place.
13
00:01:52,080 --> 00:01:54,720
My name is Kenneth Foster Jr.
14
00:01:55,360 --> 00:01:57,680
I'll be 41 years old next month.
15
00:01:58,560 --> 00:02:01,120
I was convicted for capital murder,
16
00:02:01,760 --> 00:02:05,520
and I was sentenced to death in 1997.
17
00:02:18,000 --> 00:02:19,880
[man 1]
And I walked up, I fired one shot.
18
00:02:19,960 --> 00:02:22,320
And as I got closer,
I fired one more shot.
19
00:02:23,600 --> 00:02:26,720
[man 2] She was shot through the cheek
and it stopped in her jaw.
20
00:02:28,400 --> 00:02:32,680
[man 3] I drove him around behind a desk
and I stabbed him approximately 25 times.
21
00:02:37,560 --> 00:02:38,800
[man 4] I couldn't believe it.
22
00:02:38,880 --> 00:02:42,120
I just thought I can't believe
I just killed somebody.
23
00:02:45,320 --> 00:02:49,160
[man 5]
I don't feel bad about it. [laughs] [man 6] I started stabbing him,
stabbing the guy on the couch.
24
00:03:49,840 --> 00:03:51,280
I don't even need this, huh?
25
00:03:54,080 --> 00:03:55,800
Okay. Okay.
26
00:03:59,440 --> 00:04:01,840
I done got, I done got old
with this beard.
27
00:04:03,200 --> 00:04:04,920
I done got grey hairs everywhere.
28
00:04:06,640 --> 00:04:07,640
[clears throat]
29
00:04:12,480 --> 00:04:14,800
[distant siren blaring]
30
00:04:16,519 --> 00:04:19,999
[Foster] Well, I grew up
mostly in San Antonio, Texas.
31
00:04:20,959 --> 00:04:22,399
Both of my parents were...
32
00:04:23,160 --> 00:04:26,280
Unfortunately, they were...
they were both drug addicts
33
00:04:26,360 --> 00:04:29,320
and in and out of prison.
34
00:04:31,280 --> 00:04:36,240
When I had my time with my father,
that time was spent mostly on his terms,
35
00:04:36,320 --> 00:04:40,680
which was him going in the store stealing
to support his habit,
36
00:04:41,280 --> 00:04:43,720
watching him shoot drugs.
37
00:04:44,960 --> 00:04:48,120
Sometimes he'd try to teach me
how to be a better criminal
38
00:04:48,200 --> 00:04:49,560
when I was just a child.
39
00:04:51,160 --> 00:04:54,240
Eventually, around fourth grade,
which was in the '80s,
40
00:04:54,320 --> 00:04:55,760
my grandparents took me in.
41
00:04:56,640 --> 00:05:00,040
You know, they wanted
to give me a chance in life,
42
00:05:00,120 --> 00:05:02,680
and they did their best
to raise me from there.
43
00:05:03,440 --> 00:05:08,480
So, for me to sit here
and say that I didn't have opportunity
44
00:05:08,560 --> 00:05:09,440
would be wrong.
45
00:05:09,520 --> 00:05:12,400
I'd be, I'd be telling a lie.
46
00:05:14,760 --> 00:05:16,720
They deserve better than what I did.
47
00:05:19,800 --> 00:05:22,480
[upbeat music playing on radio]
48
00:05:24,760 --> 00:05:29,200
[Foster] At that time, which was 1996,
49
00:05:32,480 --> 00:05:35,000
I was getting involved in music.
50
00:05:35,280 --> 00:05:38,480
I had friends that had
a recording studio.
51
00:05:40,760 --> 00:05:44,800
And the night in question,
which was August 14th,
52
00:05:47,200 --> 00:05:48,120
we were hanging out.
53
00:05:48,200 --> 00:05:50,840
We were, you know, we were smoking,
we were drinking,
54
00:05:50,920 --> 00:05:52,880
and we were kind of club hopping.
55
00:05:52,960 --> 00:05:55,280
We wanted to go see different clubs.
56
00:05:58,520 --> 00:06:00,880
And there was four of us
that was in the car.
57
00:06:02,880 --> 00:06:04,400
I was driving.
58
00:06:07,280 --> 00:06:10,520
In the front passenger seat
was Julius Steen.
59
00:06:17,640 --> 00:06:21,800
Sitting behind me was Mauriceo Brown,
60
00:06:21,880 --> 00:06:25,440
and in the passenger back seat
was DeWayne Dillard.
61
00:06:28,960 --> 00:06:31,600
As we were driving, you know,
one of the occupants said,
62
00:06:31,680 --> 00:06:35,440
you know, they asked if maybe
we wanted to pull a jack move, you know?
63
00:06:35,520 --> 00:06:39,800
And a jack move was pretty much,
you know, you kind of run up on somebody.
64
00:06:39,880 --> 00:06:43,120
And it's basically, it's a robbery.
Under the law, it's a robbery.
65
00:06:52,160 --> 00:06:56,880
I was, you know, I fell to peer pressure,
and I said okay.
66
00:07:00,200 --> 00:07:03,360
And so, this happened twice.
67
00:07:05,560 --> 00:07:09,920
And there was,
there was an unsettling feeling in me.
68
00:07:12,920 --> 00:07:15,600
I knew. I knew it was wrong.
69
00:07:15,680 --> 00:07:17,360
And I knew it shouldn't be happening.
70
00:07:17,840 --> 00:07:20,320
And we decided to stop, you know?
71
00:07:26,320 --> 00:07:30,200
We were kind of what
you would call "joy riding."
72
00:07:30,880 --> 00:07:33,320
We knew that we were heading
in a direction of a club
73
00:07:33,400 --> 00:07:35,200
that we had heard about.
74
00:07:36,280 --> 00:07:39,600
And so, as we were driving
towards this area,
75
00:07:39,680 --> 00:07:41,640
there was another two cars in front of us.
76
00:07:45,200 --> 00:07:49,520
The two cars ended up
turning into a residential area.
77
00:07:50,040 --> 00:07:53,320
That's where, that's where the events
took a wrong turn.
78
00:07:57,800 --> 00:08:00,600
They ended up pulling up
into a house to the left,
79
00:08:03,600 --> 00:08:05,640
so we kept going straight down the road.
80
00:08:08,360 --> 00:08:09,560
The road happened to--
81
00:08:09,640 --> 00:08:12,360
We thought it was a dead end,
so we made a U-turn.
82
00:08:14,160 --> 00:08:17,240
As we were getting ready to leave
the residential area,
83
00:08:17,320 --> 00:08:21,480
there was a female that was standing
at the end of the driveway.
84
00:08:21,560 --> 00:08:24,080
And she kind of flagged us down.
85
00:08:30,560 --> 00:08:31,960
You know, she...
86
00:08:32,039 --> 00:08:34,279
she looked in the car
and she wanted to know,
87
00:08:34,360 --> 00:08:36,000
"Hey," you know, "do I know you?"
88
00:08:39,080 --> 00:08:41,080
We said, "No, you don't know us."
89
00:08:41,840 --> 00:08:43,360
And she was dressed real skimpy.
90
00:08:43,440 --> 00:08:46,360
It came out later
that she was a stripper, you know.
91
00:08:46,440 --> 00:08:48,720
And, and... she looked good.
92
00:08:52,080 --> 00:08:53,520
She was a beautiful woman.
93
00:08:56,800 --> 00:08:57,920
And, um...
94
00:08:59,440 --> 00:09:02,920
one of the occupants in the car
had actually said that--
95
00:09:03,000 --> 00:09:06,680
I believe it was Mauriceo Brown
who was in the back, you know.
96
00:09:06,760 --> 00:09:09,120
And Mauriceo Brown
was kind of a class clown,
97
00:09:09,200 --> 00:09:11,840
and he, you know, was a goofball.
98
00:09:11,920 --> 00:09:14,920
He liked to flirt with women,
so he told her, "Hey, you look good."
99
00:09:15,280 --> 00:09:17,640
And she said, "Well, you know, if, uh...
100
00:09:18,240 --> 00:09:21,200
[stammers] If you like what you see,
take a picture.
101
00:09:21,280 --> 00:09:22,640
It'll last longer."
102
00:09:23,160 --> 00:09:27,960
So, at that point,
Mauriceo Brown exited the car.
103
00:09:35,520 --> 00:09:37,560
And, you know,
he approached the woman.
104
00:09:38,080 --> 00:09:42,880
And at the top of the driveway,
Michael LaHood Jr. was there.
105
00:09:49,680 --> 00:09:52,760
What happened at this point
is under a lot of controversy.
106
00:09:53,640 --> 00:09:56,840
At the time that Mauriceo Brown
left the car,
107
00:09:56,920 --> 00:10:00,480
we were about 70 feet away
at the bottom of the driveway.
108
00:10:00,800 --> 00:10:02,600
The driveway went up like a slope,
109
00:10:02,680 --> 00:10:05,120
and then it went
into, like, a carport, okay?
110
00:10:06,120 --> 00:10:10,640
So, whatever took place up there
is probably only known
111
00:10:10,720 --> 00:10:14,960
between Mauriceo, Michael,
and Mary Patrick
112
00:10:15,040 --> 00:10:17,160
because they were the only ones
that were there.
113
00:10:19,280 --> 00:10:20,880
[gunshot]
114
00:10:22,920 --> 00:10:23,760
[static hisses]
115
00:10:24,160 --> 00:10:30,440
[man] This is SAPD
case number 96492347,
116
00:10:30,520 --> 00:10:32,160
the scene of a capital murder.
117
00:10:34,440 --> 00:10:36,600
I did know he had a gun.
118
00:10:39,920 --> 00:10:42,200
He never said he's taken the gun.
119
00:10:42,280 --> 00:10:45,560
He never said, you know,
"Be prepared to take off."
120
00:10:45,960 --> 00:10:47,880
We didn't know
what he was going out to do.
121
00:10:47,960 --> 00:10:51,240
We really thought he was going out
to goof around with the female.
122
00:10:54,640 --> 00:11:00,040
According to Mauriceo Brown's testimony,
he said that Michael brandished a weapon.
123
00:11:00,440 --> 00:11:02,640
And when he brandished the weapon,
124
00:11:02,720 --> 00:11:05,760
he said he pulled his weapon,
and it went off.
125
00:11:11,800 --> 00:11:16,880
Um, Mauriceo Brown testified
that we didn't plan a robbery.
126
00:11:17,400 --> 00:11:20,440
He testified that nobody
encouraged him to rob.
127
00:11:20,800 --> 00:11:23,640
And he testified
that he acted on his own accord.
128
00:11:24,040 --> 00:11:27,280
Um, unfortunately,
that wasn't good enough, you know.
129
00:11:27,360 --> 00:11:29,960
The jury didn't believe it, you know.
130
00:11:30,040 --> 00:11:33,280
And they convicted both of us
for capital murder.
131
00:11:33,520 --> 00:11:36,640
They convicted me
of being a conspirator to the crime.
132
00:11:37,160 --> 00:11:42,640
Um, they convicted me mostly
for being a driver,
133
00:11:42,720 --> 00:11:44,880
for driving the car.
134
00:11:45,280 --> 00:11:47,680
And they handed down
the death sentence for that.
135
00:11:59,680 --> 00:12:01,840
I could honestly say that...
136
00:12:02,680 --> 00:12:05,320
you don't understand death row
until you're there.
137
00:12:05,400 --> 00:12:06,800
[metal door slams]
138
00:12:07,320 --> 00:12:08,880
You don't know
if you're gonna get to death row,
139
00:12:08,960 --> 00:12:11,360
and people are gonna be trying
to kill you, murder you, fight you.
140
00:12:12,720 --> 00:12:14,000
I mean, it was scary.
141
00:12:16,160 --> 00:12:19,760
Every day when you're there,
and every year,
142
00:12:19,920 --> 00:12:21,640
there was executions mounting up.
143
00:12:22,720 --> 00:12:24,800
Some of these guys became my friends.
144
00:12:24,880 --> 00:12:27,920
People that, "Hey, man, uh...
145
00:12:28,000 --> 00:12:29,560
I got an execution date, man.
146
00:12:29,640 --> 00:12:31,640
Uh, I'll see you."
147
00:12:33,160 --> 00:12:34,240
And it's like...
148
00:12:35,840 --> 00:12:37,160
that's fittin' to be me.
149
00:12:37,960 --> 00:12:38,880
Uh...
150
00:12:40,360 --> 00:12:42,680
You can't put that into words.
151
00:12:44,480 --> 00:12:49,200
[stammering] It's a traumatic process.
152
00:12:49,720 --> 00:12:51,440
It's a traumatic process.
153
00:12:52,320 --> 00:12:57,400
[protesters chanting] We say, "Hell, no!"
They say, "Death row!" We say, "Hell, no!"
154
00:12:57,480 --> 00:13:00,760
They say, "Death row!"
We say, "Hell, no!"
155
00:13:00,840 --> 00:13:04,200
They say, "Death row!"
We say, "Hell, no!"
156
00:13:04,280 --> 00:13:05,680
They say, "Death row!"
157
00:13:05,760 --> 00:13:07,880
-[protesters clamoring]
-[horn honking]
158
00:13:08,360 --> 00:13:10,360
[protesters chanting]
We are the people...
159
00:13:11,240 --> 00:13:13,800
[Foster] To tell you about what happened
on the day of my execution,
160
00:13:13,880 --> 00:13:15,920
I have to tell you
about what happened the day before.
161
00:13:16,480 --> 00:13:18,720
I had become real vocal on death row
162
00:13:19,640 --> 00:13:22,560
because we ended up gaining a reputation
163
00:13:22,640 --> 00:13:26,200
for being vocal
and willing to protest for our rights.
164
00:13:26,400 --> 00:13:31,240
They decided to remove me from death row
a day early of my execution.
165
00:13:34,200 --> 00:13:37,200
[Foster] Where are you taking me, man?
Where are you taking me to?
166
00:13:37,280 --> 00:13:40,560
I'll walk with you if you tell me
what you're doing with me, man.
167
00:13:41,000 --> 00:13:43,000
[protesters chanting]
168
00:13:44,520 --> 00:13:47,040
[Foster] Am I gonna see my family,
yes or no?
169
00:13:47,120 --> 00:13:49,280
Am I gonna see my family, yes or no?
170
00:13:49,360 --> 00:13:52,160
[all chanting] Free Kenneth Foster!
Free Kenneth Foster!
171
00:13:52,240 --> 00:13:55,680
I was scared to death.
I didn't know why they were coming.
172
00:13:56,400 --> 00:14:00,760
I mean, I know that I can't get executed
before my execution, but what do I know?
173
00:14:00,840 --> 00:14:02,600
I didn't know anything up to that point.
174
00:14:03,080 --> 00:14:07,440
So when they came and took me out my cell,
I went to the ground. I laid it down.
175
00:14:07,520 --> 00:14:09,800
I'm not participating in this, man.
176
00:14:09,880 --> 00:14:12,000
I'm not participating in this.
177
00:14:12,080 --> 00:14:13,960
-[all chanting] Free Kenneth Foster!
-[man] What?
178
00:14:14,040 --> 00:14:15,800
-[all chanting] Free Kenneth Foster!
-[man] What?
179
00:14:15,880 --> 00:14:17,680
[crowd] Free Kenneth Foster!
180
00:14:17,760 --> 00:14:19,600
I refused to walk.
181
00:14:20,120 --> 00:14:21,760
I was scared.
182
00:14:23,400 --> 00:14:25,320
I didn't feel like I should be
getting executed,
183
00:14:25,400 --> 00:14:27,040
and I made them carry me.
184
00:14:27,120 --> 00:14:30,160
They carried me, put me in the van,
they drove me to Huntsville.
185
00:14:30,720 --> 00:14:31,800
Um...
186
00:14:32,440 --> 00:14:35,600
and then the next day,
I had my final visit with my family.
187
00:14:45,320 --> 00:14:50,480
I found out through the warden,
he told me my sentence was commuted,
188
00:14:50,560 --> 00:14:54,440
and he said, "Hey, we'll have a bus here
to get you in about ten minutes."
189
00:15:01,640 --> 00:15:04,440
They reprocessed me.
I was reprocessed as a new inmate.
190
00:15:05,360 --> 00:15:12,040
And the second half of my life began
in August 30th, 2007.
191
00:15:20,400 --> 00:15:25,680
Every day, for the last 21 years,
I've had to think.
192
00:15:26,320 --> 00:15:30,360
What can I do that's gonna make
a difference in this situation?
193
00:15:30,640 --> 00:15:34,840
Because it's hard to bring a triumph
from a tragedy like this
194
00:15:34,920 --> 00:15:37,680
because this man
shouldn't have lost his life.
195
00:15:38,000 --> 00:15:39,920
Even though I wasn't the one
that killed him,
196
00:15:40,000 --> 00:15:41,640
nevertheless, I was there.
197
00:15:41,720 --> 00:15:45,080
And I've had to pay the price for it,
and it means something to me.
198
00:15:46,600 --> 00:15:50,240
Over the years, we wanted
to build a bridge with the LaHood family.
199
00:15:50,880 --> 00:15:53,840
We've wanted to show them
the person that I've become.
200
00:15:54,320 --> 00:15:58,600
We want to discuss with the family,
not only my sentence,
201
00:15:58,680 --> 00:16:03,240
but is rehabilitation
and redemption possible?
202
00:16:03,640 --> 00:16:07,840
I wanna show that life is worth something.
203
00:16:08,760 --> 00:16:11,400
You'll never disbelieve
in the word "redemption" again.
204
00:16:11,480 --> 00:16:12,960
I can guarantee you that.
205
00:16:21,000 --> 00:16:23,000
[car beeping]
206
00:16:36,960 --> 00:16:39,800
[LaHood] You don't, you don't get lost
in this neighborhood.
207
00:16:39,880 --> 00:16:43,240
I mean, you don't just-- I took a left
accidentally instead of a right.
208
00:16:43,320 --> 00:16:45,920
I mean, they were this deep
into the neighborhood
209
00:16:46,000 --> 00:16:47,680
'cause they were following somebody.
210
00:16:59,560 --> 00:17:00,760
This is my parents' house.
211
00:17:00,840 --> 00:17:02,840
This is where the incident happened
212
00:17:02,920 --> 00:17:06,160
on August 15th, 1996,
at 2:14 in the morning.
213
00:17:07,079 --> 00:17:11,679
So, at the time, all three of us-- myself,
my older brother, my younger brother--
214
00:17:11,760 --> 00:17:14,080
were living with my parents,
so we were all home.
215
00:17:15,119 --> 00:17:17,879
My bedroom was on the other side
of the house.
216
00:17:17,960 --> 00:17:20,200
I was just watching TV.
217
00:17:20,280 --> 00:17:22,160
I know I heard the alarm go off.
218
00:17:22,560 --> 00:17:24,840
And so, I actually got up
and opened the door.
219
00:17:25,000 --> 00:17:29,000
I saw my pop run by with a weapon,
with a gun in his hand.
220
00:17:29,400 --> 00:17:32,400
And I heard a female's voice
from down the hallway,
221
00:17:33,200 --> 00:17:37,160
and, you know, faintly saying,
"Mike" and then "shot."
222
00:17:41,000 --> 00:17:44,440
I grabbed a weapon
and followed my pop.
223
00:17:45,240 --> 00:17:46,880
I walk out of this door,
224
00:17:48,800 --> 00:17:50,160
and Mike's car was parked here.
225
00:17:50,680 --> 00:17:54,480
But what I could see
was literally a river of blood
226
00:17:54,560 --> 00:17:58,880
that was coming from underneath the car,
all the way down the driveway.
227
00:17:58,960 --> 00:18:00,520
So, I walk around.
228
00:18:01,160 --> 00:18:04,600
And then, the young lady
was screaming at the top of her lungs.
229
00:18:04,800 --> 00:18:11,120
And then I saw my brother laying facedown
with his head that way, at this angle.
230
00:18:14,640 --> 00:18:18,720
And then my aunt said,
"Mijo, he's gone."
231
00:18:19,440 --> 00:18:21,400
I'll never forget that.
She said that.
232
00:18:22,560 --> 00:18:25,520
And so, when she said that,
I remember looking at my pop.
233
00:18:25,600 --> 00:18:28,040
I can still see it.
I remember looking at my pop.
234
00:18:28,120 --> 00:18:31,240
And he went from being intense,
like, "What do I do?"
235
00:18:31,320 --> 00:18:33,720
I can just see it.
Now, as a daddy, I get it.
236
00:18:34,680 --> 00:18:36,920
To literally-- I mean, he just...
237
00:18:37,160 --> 00:18:39,200
[exhales]
238
00:18:39,920 --> 00:18:42,280
Like his spirit left his body.
239
00:18:42,800 --> 00:18:46,440
And he walked out to the front of the yard
and cried by himself.
240
00:18:47,880 --> 00:18:51,320
I didn't know whether to follow him,
what to do.
241
00:18:51,800 --> 00:18:54,440
I didn't... There was no CPR to do.
242
00:19:16,800 --> 00:19:18,800
[breathing heavily]
243
00:19:20,000 --> 00:19:24,040
Well, I mean, I became
a functioning anger-holic, right?
244
00:19:24,880 --> 00:19:25,720
I was angry.
245
00:19:27,680 --> 00:19:28,840
The world gave me no answers.
246
00:19:29,640 --> 00:19:32,160
You heard your mom cry
the way only a mom can cry.
247
00:19:32,240 --> 00:19:33,880
You helped load your brother's body
on the gurney
248
00:19:33,960 --> 00:19:36,440
after they did the investigation
and rigor mortis set in his body.
249
00:19:37,080 --> 00:19:40,600
And you helped your pop wash
your brother's blood off your driveway.
250
00:19:46,880 --> 00:19:48,880
I didn't want help.
I thought that was for weak people.
251
00:19:48,960 --> 00:19:50,560
That was my mentality at the time.
252
00:19:51,120 --> 00:19:53,680
And so, it showed out in my behavior.
253
00:19:53,760 --> 00:19:56,200
[breathing heavily]
254
00:19:57,520 --> 00:19:58,640
I mean...
255
00:19:58,720 --> 00:20:01,800
I didn't celebrate birthdays.
Christmas was like whatever.
256
00:20:02,160 --> 00:20:04,160
Stared at an empty chair.
257
00:20:04,240 --> 00:20:06,720
You know, I felt guilty to laugh.
258
00:20:08,200 --> 00:20:09,480
I lived with regret.
259
00:20:09,840 --> 00:20:12,000
I have regrets that I wasn't there.
260
00:20:14,520 --> 00:20:17,640
There wasn't a time in his life
on this side of heaven
261
00:20:17,720 --> 00:20:19,000
that he needed me more
262
00:20:20,400 --> 00:20:22,840
than August 15th, 1996,
at 2:14 in the morning.
263
00:20:35,000 --> 00:20:37,640
I used to sit outside my driveway...
264
00:20:41,280 --> 00:20:46,000
with my weapon, and challenge evil,
the devil, to come back.
265
00:20:50,400 --> 00:20:53,520
I said, "Come back, you son of a bitch.
I'm ready for you, you coward."
266
00:20:59,200 --> 00:21:01,200
Kenneth Foster, even today,
267
00:21:01,280 --> 00:21:03,960
he's still saying that he didn't know
what they were doing.
268
00:21:05,520 --> 00:21:07,000
There's no reconciliation without truth.
269
00:21:07,520 --> 00:21:09,520
So, to say, "I didn't know
where I was going,"
270
00:21:09,600 --> 00:21:11,960
and, "Mauriceo wanted me to go to--
271
00:21:12,040 --> 00:21:13,720
We're just going to some party.
I'm just driving.
272
00:21:14,240 --> 00:21:17,040
Now I'm gonna get killed for it
on the death penalty"?
273
00:21:17,920 --> 00:21:20,480
We weren't dealing with a Boy Scout
back then, you understand?
274
00:21:20,560 --> 00:21:22,320
He had the gun earlier in the night.
275
00:21:22,400 --> 00:21:24,480
He was on deferred adjudication,
which is probation,
276
00:21:24,560 --> 00:21:27,560
community supervision,
for shooting two guys in the stomach.
277
00:21:32,120 --> 00:21:34,080
So, I don't respect that.
278
00:21:38,400 --> 00:21:41,920
The idea of meeting with Kenneth Foster
doesn't enrage me anymore.
279
00:21:42,000 --> 00:21:42,840
It used to.
280
00:21:43,360 --> 00:21:47,000
I will not expend any resources
281
00:21:47,560 --> 00:21:50,800
to do something solely for him.
282
00:21:50,880 --> 00:21:53,400
He can't pay me back.
There's nothing he can do to pay me back.
283
00:21:53,480 --> 00:21:56,560
So why even seek out a debt
that he can't pay?
284
00:22:27,840 --> 00:22:29,120
[birds chirping]
285
00:22:29,200 --> 00:22:31,240
[Hughes] Here's something that we did.
286
00:22:31,320 --> 00:22:33,480
We all had
our "Save Kenneth Foster" shirts on.
287
00:22:33,680 --> 00:22:37,320
It says "Don't let Kenneth Foster
become another victim
288
00:22:37,400 --> 00:22:39,600
of a racially-biased judiciary."
289
00:22:39,680 --> 00:22:43,920
It's kind of, maybe,
not the best slogan for a banner.
290
00:22:45,000 --> 00:22:47,520
"A racially-biased judiciary?"
I mean, what is that?
291
00:22:47,600 --> 00:22:49,480
Just like, I would say,
292
00:22:49,560 --> 00:22:52,600
"Don't let Kenneth become the victim
of the racist system!"
293
00:22:52,680 --> 00:22:55,160
It's, like, the way that I would do it.
[chuckles]
294
00:22:55,240 --> 00:22:56,320
[dog yelps]
295
00:22:56,840 --> 00:22:58,080
Now, here's a punchy banner.
296
00:22:59,600 --> 00:23:01,960
That gets the information out there
that you wanna get out there.
297
00:23:02,480 --> 00:23:05,120
It's way better
than "racially-biased judiciary."
298
00:23:05,440 --> 00:23:06,800
Just saying.
299
00:23:08,200 --> 00:23:13,840
In death penalty cases, the loudest voices
were always the voices of the victims.
300
00:23:13,920 --> 00:23:16,960
But we also felt like,
especially in these cases
301
00:23:17,040 --> 00:23:21,480
where innocent people are on death row
or in danger of being executed,
302
00:23:21,560 --> 00:23:23,840
that they are being victimized
by the system
303
00:23:23,920 --> 00:23:27,080
and that their voices
should be just as loud.
304
00:23:27,480 --> 00:23:29,760
Here's some letters
from Kenneth, actually.
305
00:23:31,200 --> 00:23:34,280
You can see, like, it's typewritten,
and it's so long.
306
00:23:35,160 --> 00:23:38,080
He always had a lot to say,
and he would always be like,
307
00:23:38,160 --> 00:23:40,920
"I need you to do this,
this, this, this, this."
308
00:23:41,000 --> 00:23:43,960
Like, a long list of things
he needed me to do.
309
00:23:44,400 --> 00:23:47,640
We felt that by focusing on a single case,
310
00:23:48,240 --> 00:23:51,160
we could humanize people on death row.
311
00:23:55,400 --> 00:23:58,600
I think his case
was really easy to understand
312
00:23:58,680 --> 00:24:00,680
because he didn't shoot anyone.
313
00:24:00,760 --> 00:24:02,360
That was understood by everybody,
314
00:24:02,440 --> 00:24:06,400
that he was in a car several feet away
when this murder took place.
315
00:24:17,840 --> 00:24:19,720
I didn't know about the law of parties.
316
00:24:20,880 --> 00:24:22,960
Until Kenneth's case,
it was the first I'd heard of it.
317
00:24:23,200 --> 00:24:25,720
It has some...
also language about predictability,
318
00:24:25,800 --> 00:24:32,600
that you should have known that this crime
could have occurred or would occur,
319
00:24:32,840 --> 00:24:35,240
so it's a very specific law.
320
00:24:35,320 --> 00:24:40,000
And that was a big part of our campaign,
was hammering away at that law.
321
00:24:40,840 --> 00:24:45,360
Because it asks a person
to basically be psychic,
322
00:24:45,440 --> 00:24:50,000
that they should have known
that this crime was going to be committed.
323
00:24:53,120 --> 00:24:54,840
Commutation is very, very rare.
324
00:24:54,920 --> 00:24:59,520
In fact, I think that when Rick Perry
commuted Kenneth's sentence,
325
00:24:59,600 --> 00:25:02,680
it was only, like, the second
death sentence to be commuted.
326
00:25:05,720 --> 00:25:09,240
Execution is murder.
It's premeditated murder.
327
00:25:10,120 --> 00:25:14,480
I saw my long-time pen pal,
Justin Fuller, executed.
328
00:25:18,600 --> 00:25:22,560
Despite the sort of clinical veneer
of the lethal injection process,
329
00:25:25,160 --> 00:25:27,080
when you witness it, it's...
330
00:25:31,480 --> 00:25:35,440
It's... I don't--
It feels like witnessing a violent crime. You're watching your loved one
be murdered right in front of your eyes.
331
00:25:40,120 --> 00:25:42,000
That's like-- And you can't do anything.
332
00:26:05,200 --> 00:26:06,800
Kenneth Foster's death sentence,
333
00:26:06,880 --> 00:26:09,480
I agreed with it then,
and I agree with it today.
334
00:26:10,040 --> 00:26:11,600
And I will always agree with that.
335
00:26:13,560 --> 00:26:16,440
I think it's terribly wrong
for people to believe
336
00:26:16,520 --> 00:26:18,440
that he was "wrong place, wrong time."
337
00:26:19,960 --> 00:26:22,840
To believe that he was just a driver
and didn't know.
338
00:26:23,560 --> 00:26:25,440
I don't think they believed
they were gonna be found guilty
339
00:26:25,920 --> 00:26:28,480
because I remember
they were laughing and joking.
340
00:26:28,560 --> 00:26:32,480
And when they were found guilty, I think
they were a little bit more concerned.
341
00:26:33,040 --> 00:26:35,280
I think Kenneth
was the most person in shock.
342
00:26:36,040 --> 00:26:38,080
And he was the one
I was most convinced of.
343
00:26:38,160 --> 00:26:40,840
Even though Mauriceo Brown
was the actual shooter,
344
00:26:40,920 --> 00:26:42,120
but I was more convinced with him
345
00:26:42,200 --> 00:26:46,840
because you could just tell
he was the brains behind the outfit.
346
00:26:46,920 --> 00:26:49,560
He was the one
who was pulling the strings.
347
00:26:49,640 --> 00:26:53,920
He may not have fired that weapon,
but he facilitated that whole night.
348
00:26:58,120 --> 00:27:00,880
It was August 14th, 1996,
349
00:27:00,960 --> 00:27:04,480
when four individuals were driving
in a vehicle, looking to rob people.
350
00:27:04,720 --> 00:27:09,960
Mauriceo Brown,
DeWayne Dillard, Julius Steen,
351
00:27:10,280 --> 00:27:12,000
and Kenneth Foster was the driver.
352
00:27:13,760 --> 00:27:18,440
The pattern was seeing people
that were just stopped, and robbing them.
353
00:27:22,640 --> 00:27:25,440
This woman had been working,
and she was-- You know, she was a waitress
at a Jim's Coffee Shop,
354
00:27:28,400 --> 00:27:30,280
minding her own business, making--
355
00:27:30,360 --> 00:27:32,920
Scraping up all of her money
she could get from tips
356
00:27:33,000 --> 00:27:34,680
and whatever she's getting paid there.
357
00:27:40,240 --> 00:27:43,440
They would have seen the first victim
over here at this location.
358
00:27:44,000 --> 00:27:44,880
And at that point,
359
00:27:45,400 --> 00:27:47,640
that's when Kenneth Foster
moved his vehicle over there
360
00:27:47,720 --> 00:27:51,440
to let Julius Steen and Mauriceo Brown out
so she can be robbed.
361
00:28:01,160 --> 00:28:03,800
They were looking for,
they thought, an easy prey.
362
00:28:04,400 --> 00:28:05,760
They saw her by herself, a lone woman.
363
00:28:06,040 --> 00:28:10,480
They said, "She'd be very easy
to go and rob at gunpoint."
364
00:28:10,560 --> 00:28:14,000
Now, if they did not intend to go use it,
why was it loaded?
365
00:28:19,320 --> 00:28:22,920
The four individuals in the vehicle
had just completed their first robbery.
366
00:28:24,680 --> 00:28:27,320
They were then proceeding
to their second robbery.
367
00:28:29,480 --> 00:28:31,640
They saw three individuals right here.
368
00:28:33,280 --> 00:28:34,840
Two women and a man.
369
00:28:42,360 --> 00:28:43,320
And at that point,
370
00:28:43,400 --> 00:28:46,640
that's when Mauriceo Brown stepped out
of the vehicle again
371
00:28:46,720 --> 00:28:50,040
and brandished a gun in their face,
yet again demanding their money.
372
00:28:50,120 --> 00:28:52,600
Demanding their purses,
money, and credit cards.
373
00:28:56,200 --> 00:28:58,520
He is the one
that pulled into this location.
374
00:28:59,440 --> 00:29:02,600
And remember, if anything,
he was spotting what was going on.
375
00:29:02,680 --> 00:29:06,200
In fact,
he was a very big participant in this.
376
00:29:09,600 --> 00:29:13,400
After the second robbery, they proceeded
to go looking for other victims.
377
00:29:13,480 --> 00:29:17,080
Not going home, not cutting it short,
but continuing.
378
00:29:19,320 --> 00:29:23,680
And at that point,
they saw Mary Patrick in a white vehicle.
379
00:29:24,920 --> 00:29:28,080
A pretty woman driving a vehicle alone,
380
00:29:28,160 --> 00:29:31,400
and they figured,
"We're gonna follow her."
381
00:29:34,000 --> 00:29:39,000
So, as you can see,
this is a lot of winding and turning.
382
00:29:39,920 --> 00:29:43,680
And I don't see any kind of nightclubs
out this way,
383
00:29:43,760 --> 00:29:45,960
and it wasn't like this
20 years ago, either.
384
00:29:49,040 --> 00:29:50,720
Yeah, here we are. This is it.
385
00:29:51,840 --> 00:29:52,920
This is the house.
386
00:29:55,960 --> 00:29:58,240
Okay, we're in front
of Michael LaHood's home.
387
00:29:58,320 --> 00:30:01,200
That's when Mauriceo Brown
confronted Michael LaHood,
388
00:30:01,280 --> 00:30:03,760
put the gun in his face
and demanded the money,
389
00:30:03,840 --> 00:30:05,200
demanded his wallet. And shot him in the face.
390
00:30:09,840 --> 00:30:10,840
[gunshot]
391
00:30:14,760 --> 00:30:16,160
It wasn't an accident.
392
00:30:16,560 --> 00:30:18,720
The trigger pull
is much too hard for that.
393
00:30:19,040 --> 00:30:21,960
It's not an accident.
The gun didn't accidentally discharge.
394
00:30:23,880 --> 00:30:26,400
Kenneth Foster,
he manipulated the individuals.
395
00:30:26,480 --> 00:30:28,240
The jury saw through that as well.
396
00:30:29,200 --> 00:30:31,040
He's an arrogant individual,
397
00:30:31,120 --> 00:30:33,240
and he would've said anything
and would say anything--
398
00:30:33,320 --> 00:30:36,720
I believe he'd still even say
to this day that it wasn't--
399
00:30:36,800 --> 00:30:40,360
He didn't anticipate
Mr. LaHood getting murdered.
400
00:30:40,920 --> 00:30:45,040
Kenneth Foster's case was decided
before Mauriceo Brown's case,
401
00:30:45,120 --> 00:30:46,960
which means he was found guilty
402
00:30:47,040 --> 00:30:49,760
and, in addition, he was
actually sentenced the death sentence
403
00:30:49,840 --> 00:30:52,480
before even Mauriceo Brown,
the actual shooter.
404
00:30:52,560 --> 00:30:55,320
That's how much they believed
he was involved in this case.
405
00:31:14,920 --> 00:31:16,880
[chatter]
406
00:31:19,720 --> 00:31:22,600
[LaHood] Well, I knew that night,
after Mike passed,
407
00:31:22,680 --> 00:31:24,960
I knew at that moment
that life was gonna be different.
408
00:31:25,040 --> 00:31:27,080
I knew there was a new normal
in our lives.
409
00:31:27,160 --> 00:31:29,160
[chatter]
410
00:31:32,320 --> 00:31:35,080
Brokenness creates
more brokenness, right?
411
00:31:35,160 --> 00:31:39,000
I just thought to myself,
I gotta get my shit together.
412
00:31:39,080 --> 00:31:40,280
I can't say it any other way.
413
00:31:40,360 --> 00:31:42,640
[laughing] Hey, George.
Good to see you, brother.
414
00:31:42,720 --> 00:31:43,560
God bless you.
415
00:31:43,640 --> 00:31:47,120
And a friend of mine,
he started talking about faith, you know?
416
00:31:48,200 --> 00:31:51,240
And said, "You should try out my church."
I was intrigued.
417
00:31:55,920 --> 00:31:59,360
And little by little,
it started permeating in my spirit.
418
00:32:00,040 --> 00:32:03,800
But thank you for being here this morning.
My name is Nico LaHood.
419
00:32:05,280 --> 00:32:08,280
We're here this morning
for a very particular reason.
420
00:32:08,560 --> 00:32:10,240
I'm a hypocrite if I don't believe
421
00:32:10,320 --> 00:32:13,560
that someone who is guilty of murder
cannot turn their life around.
422
00:32:13,640 --> 00:32:14,760
You know why?
423
00:32:15,120 --> 00:32:18,760
Because the apostle Paul,
who wrote two thirds of the New Testament,
424
00:32:18,840 --> 00:32:21,160
used to be Saul of Tarsus
and he was a murderer.
425
00:32:21,720 --> 00:32:24,480
So, I am not a follower of Christ
if I don't believe
426
00:32:24,560 --> 00:32:28,720
that someone who commits the act of murder
cannot be redeemed.
427
00:32:28,800 --> 00:32:30,280
'Cause God says he can.
428
00:32:31,360 --> 00:32:34,320
I couldn't talk about my brother's murder
or the situations
429
00:32:34,400 --> 00:32:36,600
without salivating with anger and hate.
430
00:32:36,680 --> 00:32:38,400
So, what changed your worldview?
431
00:32:38,840 --> 00:32:40,000
Christ revealed mine.
432
00:32:40,880 --> 00:32:42,880
The idea of meeting with Kenneth Foster,
433
00:32:43,200 --> 00:32:45,000
it would be a benefit to him,
I'm assuming.
434
00:32:47,280 --> 00:32:50,240
This whole time, I have not felt
that that was something missing
435
00:32:50,320 --> 00:32:51,800
in my journey to find peace.
436
00:32:52,400 --> 00:32:53,240
I found peace.
437
00:33:08,240 --> 00:33:11,560
I didn't make a mistake. People like
to talk about poor choices as mistakes.
438
00:33:11,640 --> 00:33:12,680
A mistake is an accident.
439
00:33:13,120 --> 00:33:15,400
I didn't make a mistake,
I made a poor choice.
440
00:33:15,560 --> 00:33:19,720
I sold drugs. I sold drugs
when I was young and foolish,
441
00:33:19,800 --> 00:33:21,760
and I was arrested for selling drugs.
442
00:33:27,920 --> 00:33:31,560
I was pissed off at myself
because I was labeled a drug dealer,
443
00:33:31,640 --> 00:33:35,360
a criminal, because I made
poor choices in my life.
444
00:33:35,440 --> 00:33:36,440
I was just stupid.
445
00:33:37,120 --> 00:33:40,360
So, I was mad at myself
because I was dealing with these labels
446
00:33:40,440 --> 00:33:42,240
that I helped put on myself. I mean-- So, I've lived it.
447
00:33:45,680 --> 00:33:48,560
That's why I believe in redemption.
Right?
448
00:33:56,360 --> 00:33:57,960
[car honking]
449
00:34:13,360 --> 00:34:15,880
[Lawrence] I remember this one.
That's one of him.
450
00:34:19,280 --> 00:34:21,520
Well, I see this and this.
451
00:34:21,880 --> 00:34:23,240
That's him there.
452
00:34:24,440 --> 00:34:26,680
This was at Easter time.
453
00:34:26,760 --> 00:34:28,840
There's his Easter basket and...
454
00:34:28,920 --> 00:34:34,480
He was good, he was darn good at that age,
because I've had to just about...
455
00:34:35,120 --> 00:34:38,560
deprived him
of his early childhood experiences
456
00:34:38,639 --> 00:34:41,959
and things that he had confronted there.
457
00:34:42,480 --> 00:34:45,720
And he was back on the right path.
[chuckles]
458
00:34:50,679 --> 00:34:52,799
Kenny was born to my youngest son,
459
00:34:53,400 --> 00:34:58,520
and I saw that he was not
being well taken care of.
460
00:34:59,000 --> 00:35:01,720
Now, I'll admit that my son
was a drug user.
461
00:35:01,800 --> 00:35:05,440
He had gotten into trouble
in different times.
462
00:35:07,640 --> 00:35:12,840
And I saw the need for him
to be in a different environment,
463
00:35:13,760 --> 00:35:16,440
and I asked to let him
stay with me awhile.
464
00:35:17,600 --> 00:35:20,800
And that's the two of us,
Kenny and myself.
465
00:35:21,360 --> 00:35:23,840
I don't know what we were doing
or what we had done.
466
00:35:23,920 --> 00:35:27,160
Evidently something funny
because we were still laughing over it.
467
00:35:27,240 --> 00:35:28,240
[chuckles]
468
00:35:29,240 --> 00:35:33,080
I just wanted to train him up
to be a good person... [chuckles]
469
00:35:33,320 --> 00:35:35,800
as far as setting his goal in life.
470
00:35:36,480 --> 00:35:41,120
For some reason,
he wanted to be a policeman. [chuckles]
471
00:35:41,200 --> 00:35:42,360
Would you believe it?
472
00:35:47,160 --> 00:35:49,480
In his second year in middle school,
473
00:35:49,560 --> 00:35:53,040
he got with a group
that was smoking marijuana
474
00:35:53,120 --> 00:35:55,160
and he got suspended from school.
475
00:35:55,840 --> 00:36:01,080
That was the first instance
of his really getting into big trouble.
476
00:36:05,080 --> 00:36:10,560
When they said death penalty
because of he has driven a car,
477
00:36:10,640 --> 00:36:15,760
I just never-- I never conceived the idea
that he was going to be executed.
478
00:36:17,080 --> 00:36:20,680
I-- It was just something in my mind.
I said, "There's just no way."
479
00:36:21,360 --> 00:36:23,160
His execution came around.
480
00:36:23,600 --> 00:36:26,800
Governor Perry spoke and said,
481
00:36:27,000 --> 00:36:31,640
"The sentence will be commuted
to life in prison."
482
00:36:32,680 --> 00:36:36,560
I said, "Wow," I said to myself.
I mean, yeah, I cried.
483
00:36:36,640 --> 00:36:42,560
Yeah, I'm not so macho or whatever
that I can't shed tears.
484
00:36:43,200 --> 00:36:45,880
It was, it was tears of joy.
485
00:36:46,200 --> 00:36:51,200
"Now," I said to myself at that time,
"now the thing is get him out of there."
486
00:36:51,280 --> 00:36:54,200
Death-- I mean, a life sentence
is a life sentence,
487
00:36:54,280 --> 00:36:57,600
and we still have work to do.
488
00:36:58,560 --> 00:37:02,880
I mean, yeah, I'm 90 years old now,
but I still say I'm going to see him free.
489
00:37:06,600 --> 00:37:09,200
Yes, even now. Yes.
490
00:37:09,880 --> 00:37:11,800
I said, "He's going to be free."
491
00:37:11,880 --> 00:37:15,840
I'd do everything I possibly can
to free him,
492
00:37:16,480 --> 00:37:20,320
and so now I'm going to continue doing it,
and it's going to happen.
493
00:37:42,360 --> 00:37:43,760
-I'm for Nico LaHood.
-I'm for Nico LaHood.
494
00:37:44,040 --> 00:37:45,000
I'm for Nico LaHood.
495
00:37:46,200 --> 00:37:49,160
I'm for Nico LaHood because he's gonna be
good for our community
496
00:37:49,480 --> 00:37:52,480
and he's the right man for the job.
Please vote for Nico LaHood.
497
00:37:59,480 --> 00:38:04,400
When you need somebody to watch your back,
Nico LaHood has your back.
498
00:38:05,080 --> 00:38:09,720
Today, I'm a husband and dad,
former prosecutor and magistrate judge.
499
00:38:10,400 --> 00:38:12,280
Now, some say all that's not enough.
500
00:38:12,720 --> 00:38:16,480
I say what got me from there to here
is my hard work
501
00:38:16,560 --> 00:38:18,000
and a belief in redemption.
502
00:38:19,800 --> 00:38:21,440
[phone ringing]
503
00:38:22,440 --> 00:38:26,040
If she was a few months younger,
it would have been a capital murder.
504
00:38:27,720 --> 00:38:28,680
I mean, it's...
505
00:38:28,760 --> 00:38:32,240
There's no way in hell I ever dreamed
that I would be the district attorney
506
00:38:32,320 --> 00:38:34,000
of Bexar County of San Antonio.
507
00:38:35,600 --> 00:38:38,960
A lot of people were curious
about what kind of DA I was gonna be.
508
00:38:39,640 --> 00:38:41,400
People said,
"Look, he has this experience.
509
00:38:41,480 --> 00:38:43,400
His brother was murdered in his driveway."
510
00:38:43,480 --> 00:38:46,800
And there was a group of people that
thought I would seek the death penalty
511
00:38:46,880 --> 00:38:48,280
most of the time.
512
00:38:48,360 --> 00:38:49,800
I believe we're balanced.
513
00:38:50,000 --> 00:38:52,080
We seek it.
There's no doubt about it.
514
00:38:52,160 --> 00:38:56,560
I'm gonna review three cases today
on death penalty decisions.
515
00:38:56,640 --> 00:38:58,480
But anybody that makes
a carte blanche statement
516
00:38:58,560 --> 00:39:00,560
that I'm just against the death penalty,
517
00:39:01,520 --> 00:39:04,440
I say, "Have you tested your theory?
What do you mean?
518
00:39:05,240 --> 00:39:07,280
Has your kid been shot in the face
in your driveway?"
519
00:39:08,560 --> 00:39:09,920
"No. I don't know.
520
00:39:10,000 --> 00:39:13,000
I think you think you're against
the death penalty, you just don't know."
521
00:39:19,520 --> 00:39:22,640
[LaHood] When I attended the execution
of Mauriceo Brown,
522
00:39:22,720 --> 00:39:24,160
and I was still very angry...
523
00:39:24,640 --> 00:39:26,480
And they ask you, "Why are you here?"
524
00:39:27,800 --> 00:39:29,480
And if you want me to say
exactly what I said,
525
00:39:29,560 --> 00:39:31,640
I said, "It's none
of your fucking business why.
526
00:39:31,880 --> 00:39:34,120
I'm here
'cause I wanna follow this through.
527
00:39:35,240 --> 00:39:40,880
This individual murdered my brother
and I need to see him go to the Lord.
528
00:39:41,280 --> 00:39:45,840
I need to physically see him
take his last breath and go to the Lord."
529
00:39:50,400 --> 00:39:53,640
I'm all for reconciliation
in all circumstances.
530
00:39:54,760 --> 00:39:58,160
There's people absolutely wanting me
to advocate for him to get out.
531
00:39:59,360 --> 00:40:03,120
And if I'll meet him,
it has nothing to do with the sentence.
532
00:40:03,440 --> 00:40:05,120
He's eligible for parole in 40 years.
533
00:40:06,440 --> 00:40:08,640
If he's changed his life,
then God bless him.
534
00:40:08,720 --> 00:40:11,280
I'll visit him on a regular basis.
How about that?
535
00:40:36,160 --> 00:40:38,880
-[Lawrence] Good to see you!
-[LaHood] You look sharp.
536
00:40:38,960 --> 00:40:42,680
Look, look, this is not being sharp.
I just-- I went to church this morning.
537
00:40:42,760 --> 00:40:44,440
Well, amen.
I was in church, too.
538
00:40:46,840 --> 00:40:49,680
[Lawrence] You know,
we are here for a purpose.
539
00:40:49,760 --> 00:40:53,960
Even though there were something
that happened in our family
540
00:40:54,040 --> 00:40:55,720
that we both regret.
541
00:40:55,800 --> 00:41:00,400
I mean, I do, I regret it
and feel half of a feeling for you,
542
00:41:00,920 --> 00:41:06,040
and I'm hoping
that we don't hold animosity.
543
00:41:06,400 --> 00:41:12,960
But I can only say I'm sorry
and I apologize for what he has done,
544
00:41:13,040 --> 00:41:15,240
and which he would do the same thing.
545
00:41:15,320 --> 00:41:18,200
He would apologize now that he realizes.
546
00:41:18,960 --> 00:41:20,480
Kenny being driving the car.
547
00:41:21,120 --> 00:41:24,560
Mauriceo inflicted the punishment
upon your brother,
548
00:41:25,280 --> 00:41:31,880
and Kenny has spent 24, 25 years
in confine-- Well, incarcerated.
549
00:41:32,400 --> 00:41:36,680
And now, I'm trying to see
if there is some way that...
550
00:41:38,200 --> 00:41:40,840
I don't know--
Well, if he could get another trial
551
00:41:40,920 --> 00:41:43,760
or... I don't know
what would be necessary there.
552
00:41:43,840 --> 00:41:45,640
Yeah, I know you have an opinion and you have some perceptions
of what's going on
553
00:41:47,600 --> 00:41:49,120
based on what you've been told.
554
00:41:49,200 --> 00:41:52,120
-He was charged with capital murder.
-Yes.
555
00:41:52,200 --> 00:41:53,600
Under the law of parties,
556
00:41:53,680 --> 00:41:58,800
you do not have to pull the trigger
or do the stabbing to be responsible.
557
00:41:58,880 --> 00:42:00,440
That's the situation we're in
with Kenneth.
558
00:42:00,760 --> 00:42:01,880
-Let me ask you this.
-Sure.
559
00:42:01,960 --> 00:42:03,960
Now, is it any benefit
560
00:42:04,040 --> 00:42:08,000
for the defense attorneys
that work the cases?
561
00:42:08,080 --> 00:42:10,960
I'll tell you that the mindset
behind the law of parties
562
00:42:11,040 --> 00:42:13,600
is for it to be the benefit
of the community.
563
00:42:13,680 --> 00:42:16,400
It's not whether it's a benefit
to the defense or to the state.
564
00:42:16,480 --> 00:42:18,480
It's a benefit to the community.
Think about it.
565
00:42:18,560 --> 00:42:21,400
There are some people out there
that are very manipulative
566
00:42:21,480 --> 00:42:23,040
and have a mastermind.
567
00:42:23,120 --> 00:42:26,000
And if we didn't hold
that person accountable,
568
00:42:26,080 --> 00:42:28,440
and only the person they manipulated
to do the crime,
569
00:42:28,520 --> 00:42:30,280
then people would get away
with a lot of stuff.
570
00:42:31,160 --> 00:42:34,120
[sighs] Anyway, yeah, I'm just trying--
Really...
571
00:42:34,200 --> 00:42:37,360
I'm really trying to find something
that would be advantageous
572
00:42:37,440 --> 00:42:40,960
in our case where Kenny may...
573
00:42:42,080 --> 00:42:46,480
can get another hearing and get something
574
00:42:46,560 --> 00:42:51,960
that may lead to his being released
from prison.
575
00:42:52,440 --> 00:42:54,480
I don't have this yearning desire
to meet with Kenneth,
576
00:42:54,560 --> 00:42:56,360
but I don't mind being obedient
and meeting with him,
577
00:42:56,440 --> 00:42:59,040
and then maybe it's something
that he needs, or...
578
00:42:59,120 --> 00:43:02,040
Who knows what's gonna happen from it?
But I'm saying is, I'll be--
579
00:43:02,120 --> 00:43:04,080
I'm gonna go in there with an open heart.
580
00:43:04,160 --> 00:43:07,040
But just so you know, 'cause I wanna
make sure we're always clear,
581
00:43:07,400 --> 00:43:09,600
I have no intention
of advocating for Kenneth
582
00:43:09,680 --> 00:43:12,000
to get out sooner than he should.
Just to let you know.
583
00:43:14,600 --> 00:43:16,040
I'm just being honest with you.
584
00:43:16,120 --> 00:43:18,600
He can still serve
a tremendous purpose from in there.
585
00:43:18,680 --> 00:43:21,240
If he gets out at the right time,
then I'm okay with it.
586
00:43:21,320 --> 00:43:24,840
I'm okay with the system playing out.
How about that? I'm okay with it.
587
00:43:25,920 --> 00:43:27,920
[children chattering]
588
00:43:36,240 --> 00:43:37,800
[LaHood] I just thought
it was interesting.
589
00:43:38,000 --> 00:43:41,440
He was kind of trying
to gently touch on the fact
590
00:43:41,520 --> 00:43:45,040
that he believed that Kenneth
was being over-punished
591
00:43:45,120 --> 00:43:48,760
or punished too harshly or unjustly,
592
00:43:49,160 --> 00:43:51,120
which he's entitled to that opinion.
593
00:43:52,160 --> 00:43:53,880
I have no qualms with that, but...
594
00:43:56,280 --> 00:43:59,080
I mean, even if I-- And it's a huge if,
which is not gonna happen.
595
00:43:59,160 --> 00:44:03,040
Even if I wanted to advocate
to get him out early, I have no authority.
596
00:44:04,040 --> 00:44:05,280
The law is the law.
597
00:44:05,360 --> 00:44:08,400
I mean, he's not even eligible,
regardless of who wants him out.
598
00:44:09,600 --> 00:44:10,840
Until 40 years.
599
00:44:30,080 --> 00:44:33,120
[Foster] The main thing
that I want to get with Nico about
600
00:44:33,200 --> 00:44:36,000
is really a couple of things.
601
00:44:36,440 --> 00:44:41,720
I really wanna talk to him
about the power of a man
602
00:44:42,680 --> 00:44:47,480
and his ability to go through
a situation like this, you know?
603
00:44:47,560 --> 00:44:51,560
And to come through the other side
a better man.
604
00:44:51,920 --> 00:44:54,760
But it's also to talk
to an individual that...
605
00:44:55,560 --> 00:44:59,080
maybe once in his life
could have been right where I'm at.
606
00:44:59,160 --> 00:45:02,520
You know?
He could have been sitting right here.
607
00:45:03,120 --> 00:45:06,320
I look at him as somebody
that was on the wrong course in life,
608
00:45:06,480 --> 00:45:07,880
but got his life straight.
609
00:45:08,240 --> 00:45:09,560
And I admire that.
610
00:45:09,640 --> 00:45:12,320
I admire him as a man
and I admire what he's done.
611
00:45:13,160 --> 00:45:17,640
And perhaps at some point in time
in the discussion,
612
00:45:17,960 --> 00:45:20,640
we could have
a legal discussion regarding...
613
00:45:22,200 --> 00:45:25,640
um, was my case deserving of death?
614
00:45:26,400 --> 00:45:31,920
Have I done anything with my time
to deserve a second chance in society?
615
00:45:32,840 --> 00:45:37,200
In the readings that I've done,
when you are really seeking forgiveness,
616
00:45:37,800 --> 00:45:39,960
you have to be honest about what you did.
617
00:45:40,440 --> 00:45:44,040
And that means that I would have
to sit down with Mr. LaHood,
618
00:45:44,120 --> 00:45:47,560
and, piece by piece,
walk through what happened that night.
619
00:45:48,120 --> 00:45:53,480
[stammers] If anybody ever knows anything,
if Nico and his family ever know anything,
620
00:45:53,560 --> 00:45:55,320
Mauriceo didn't want that to happen.
621
00:45:55,400 --> 00:45:58,960
Mauriceo was just trying to be a show-off.
622
00:45:59,040 --> 00:46:01,280
There was no conspiracy to rob anybody.
623
00:46:01,360 --> 00:46:04,920
Somebody would have got out with Mauriceo,
just like earlier in the night.
624
00:46:05,240 --> 00:46:07,880
Somebody would have been with him
to hold his back.
625
00:46:07,960 --> 00:46:11,720
You don't send one man to rob two people.
You don't do that.
626
00:46:12,680 --> 00:46:14,160
I wanna say something.
627
00:46:16,040 --> 00:46:18,520
And I've been saving this
for this documentary.
628
00:46:20,040 --> 00:46:21,560
And it's something that...
629
00:46:23,200 --> 00:46:24,520
Nico doesn't know.
630
00:46:25,480 --> 00:46:28,400
And it's something
that some of my supporters don't know.
631
00:46:29,560 --> 00:46:31,280
But I want the world to know this.
632
00:46:33,160 --> 00:46:35,280
When we were in that car that night,
633
00:46:36,920 --> 00:46:41,760
and Mary Patrick was here talking to us,
talking to us at the car,
634
00:46:42,160 --> 00:46:45,680
and said, "Hey, are you guys
following me?" or whatnot.
635
00:46:45,760 --> 00:46:48,040
And, "No, we're not following you."
636
00:46:48,320 --> 00:46:52,120
All this is in the trial record,
but this is the part that's not.
637
00:46:54,960 --> 00:46:57,800
When Michael LaHood
was at the top of the driveway,
638
00:46:58,240 --> 00:46:59,680
I don't know if he got upset
639
00:46:59,760 --> 00:47:03,480
or maybe he was angry
that she was talking to us for so long.
640
00:47:04,360 --> 00:47:08,440
But regardless
if anybody believes it or not,
641
00:47:08,520 --> 00:47:12,840
and I say this
at the possibility of my own demise,
642
00:47:13,440 --> 00:47:15,080
he kind of gave us the bird.
643
00:47:15,160 --> 00:47:17,000
Like this here.
Like, you know.
644
00:47:19,480 --> 00:47:22,960
And kind of in a joking fashion,
I told Mauriceo, I said,
645
00:47:24,040 --> 00:47:26,680
"Man, you gonna let that guy
flick us off like that?"
646
00:47:27,480 --> 00:47:29,280
And it was really just a joke.
647
00:47:30,240 --> 00:47:33,840
It was... it just didn't mean
anything behind it.
648
00:47:35,240 --> 00:47:37,520
And that's when Mauriceo
jumped out the car.
649
00:47:38,400 --> 00:47:41,760
That's when he got out
and went up to the driveway.
650
00:47:48,440 --> 00:47:49,960
I feel that...
651
00:47:52,360 --> 00:47:55,120
if I hadn't said that,
we would have just drove off.
652
00:47:58,920 --> 00:48:00,480
I'm accepting the guilt.
653
00:48:01,600 --> 00:48:03,240
I'm accepting the blame.
654
00:48:04,520 --> 00:48:06,200
If I have to do this life sentence
655
00:48:06,280 --> 00:48:09,320
because of something
that my stupid mouth said,
656
00:48:09,400 --> 00:48:10,760
then I have to do it.
657
00:48:11,200 --> 00:48:14,200
What I said caused Mauriceo
to get out the car.
658
00:48:14,600 --> 00:48:16,600
Was, "You gonna let that guy do that?"
659
00:48:16,920 --> 00:48:19,320
And he got out,
trying to be a tough guy, man.
660
00:48:20,920 --> 00:48:24,880
And that's something
that I've had to live with.
661
00:48:25,040 --> 00:48:27,960
That's something I wanted to sit
in front of Nico and tell him,
662
00:48:29,480 --> 00:48:31,480
"We weren't trying to rob your brother."
663
00:48:36,480 --> 00:48:39,400
But perhaps what I went through,
death row,
664
00:48:40,520 --> 00:48:42,920
maybe that was something
to spank me on my butt.
665
00:48:43,640 --> 00:48:44,840
To warn me.
666
00:48:45,360 --> 00:48:46,880
Keep your mouth shut.
667
00:48:46,960 --> 00:48:50,000
Listen, pay attention, be humble in life.
668
00:48:54,200 --> 00:48:55,360
Why would you believe this?
669
00:48:55,800 --> 00:48:57,720
Because what I just said can hurt me.
670
00:48:59,400 --> 00:49:02,600
What I just said can hurt me,
can be used against me possibly.
671
00:49:04,000 --> 00:49:08,200
So, I've had to go back to my cell
and pray and think,
672
00:49:09,360 --> 00:49:12,680
"What would I wanna say to Nico LaHood?"
Because if he never comes to see me,
673
00:49:12,760 --> 00:49:16,360
this may be the only way
that he hears my side of the story.
674
00:49:17,200 --> 00:49:20,600
My legal defense was always
we did not conspire.
675
00:49:21,400 --> 00:49:24,360
We did not agree to commit a crime.
676
00:49:24,880 --> 00:49:28,640
Me saying, "Hey, man,
you gonna let this guy flick you off?"
677
00:49:30,480 --> 00:49:31,680
It's not a crime.
678
00:49:32,160 --> 00:49:35,240
But I assume the responsibility
of what took place that night
679
00:49:35,320 --> 00:49:37,280
because of what I said to Mauriceo.
680
00:49:37,480 --> 00:49:41,440
Mauriceo wasn't trying to kill that man,
he was just trying to be a tough guy.
681
00:49:41,520 --> 00:49:43,160
And he lost his life because of it.
682
00:49:46,120 --> 00:49:48,680
You know, I'll tell you something.
[scoffs]
683
00:49:50,800 --> 00:49:56,200
It's the worst feeling in the world to...
684
00:49:57,640 --> 00:49:59,920
have somebody treat you...
685
00:50:03,720 --> 00:50:04,840
so good,
686
00:50:09,080 --> 00:50:13,600
give you everything that you could have
wanted within their means.
687
00:50:17,840 --> 00:50:23,920
And for you to hurt them
and disrespect them
688
00:50:24,480 --> 00:50:26,480
in the way that I've done my family...
689
00:50:29,080 --> 00:50:29,920
[sobs]
690
00:50:34,760 --> 00:50:40,200
You know, you know, my grandfather took me
from a father that was a drug addict.
691
00:50:42,520 --> 00:50:44,400
My mother was a prostitute.
692
00:50:47,120 --> 00:50:51,280
And she died of AIDS in 1993.
693
00:50:53,800 --> 00:50:58,280
And he tried to take me from that,
you know, and tried to raise me right.
694
00:51:02,360 --> 00:51:05,720
There's something
that Nico LaHood's father,
695
00:51:05,800 --> 00:51:08,040
Mr. Michael LaHood Sr., said.
696
00:51:09,200 --> 00:51:13,120
"You can spend 20 or 30 years
building a reputation.
697
00:51:16,320 --> 00:51:18,240
And in 30 seconds, you can ruin it."