Kenneth Foster's death sentence commuted (in the nick of time)

Not too long ago, I wrote about the plight of Kenneth Foster, who was scheduled to be executed today in Texas for a murder that he did not commit.

Foster was found guilty of driving his friend away from the scene where the friend had committed a murder. Foster was not aware that the murder had taken place, but that doesn't matter in Texas. Under Texas "justice", he should have known. Under Texas "justice", you have to be able to read minds or die.

But today there is good news: At the proverbial 11th hour, Texas Governor Rick Perry commuted Foster's death sentence. Instead of dying today, Foster will spend the rest of his life in prison for the crime of driving a car.

This is a step in the right direction, but there is still something very wrong with this picture, with Foster being locked up forever although he played no intentional role in the crime. I am not a lawyer, but isn't intent supposed to be a big factor when evaluating guilt vs. innocence?

I hope this case will spark some meaningful and effective debate on the Texas "law of parties".