Execution Report: Cleve Foster

Continued from Page 1

A jury convicted Foster of capital murder in February 2004 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in April 2006.

Sheldon Aaron Ward was also convicted of capital murder in a separate trial and was sentenced to death. In 2003, he was diagnosed with a brain tumor, and underwent brain surgery in 2005. He died of cancer in state custody in May 2010.

Foster had three previous scheduled execution dates in 2011, but each one was halted by the U.S. Supreme Court, who wanted the lower courts to review his claims of innocence and inadequate legal representation. In each case the lower courts denied his claims upon review.

"I was not there," Foster said in an interview from death row. "That's what I've been screaming for years."

Prisoners under a death sentence in Texas are housed in the Polunsky Unit in Livingston, but are transported 45 miles to the Huntsville Unit to be executed. In the interview, Foster shared some of his thoughts about making the trip to Huntsville three times. He said that going to the Huntsville Unit, which was built in 1849, "is like stepping back in time."

"Going inside, it's a little spooky. You can tell it's been there a while," he said. "Everything's polished, but still it's real old."

For his scheduled execution in January 2011, Foster requested chicken for his last meal. "It tasted so good," he said. "It actually had seasoning on it."

By the time of his third visit to Huntsville in September 2011, Texas had ended its tradition of taking last meal requests from condemned prisoners. Still, Foster said that the unit happened to be serving chicken that evening, and he was looking forward to it. His attorney brought him the news of his third Supreme Court reprieve just before dinner time, however, so he was not served a meal at all. He said asked for a doggie bag, but that was refused.

This time, Foster said, "I've already told the chaplain: Take the phone off the hook before 4 o'clock. I want to get that last meal."

Two hours before his execution, the Supreme Court ruled against extending another reprieve.

"When I close my eyes, I'll be with the Father," Foster said in his last statement. "God is everything. He's my life. Tonight I'll be with him." He expressed love to his family. He also turned to relatives of Pal and Urnosky and said, "I don't know what you're going to be feeling tonight. I pray we'll all meet in Heaven." The lethal injection was then started. Foster continued to express love to his family until he lost consciousness. He was pronounced dead at 6:43 p.m.

By David Carson. Posted on 26 September 2012.
Sources: Texas Attorney General's office, Texas Department of Criminal Justice, court documents, Associated Press, Fort Worth Star-Telegram.