The case involves the application of the Texas "law of parties" to Foster, who was 80 feet away from the murder and was not the shooter. The details of the case, according to the NY Times, are here.

Foster should be spared. This is the time to email and write to Governor Perry to urge him to spare Foster. email and FAX to Fax (512) 463-1849. The execution is scheduled for today and will be stopped only if Governor Perry grants the commutation.

Update:

This is a miracle. Governor Perry has commuted the sentence and spared Foster. According to The Dallas Morning News:

AUSTIN -- Gov. Rick Perry on Thursday commuted death row inmate Kenneth Foster’s sentence to life, following a 6-1 recommendation by the Texas Board of Pardons and Paroles. "After carefully considering the facts of this case, along with the recommendations from the Board of Pardons and Paroles, I believe the right and just decision is to commute Foster’s sentence from the death penalty to life imprisonment," Gov. Perry said. "I am concerned about Texas law that allows capital murder defendants to be tried simultaneously, and it is an issue I think the legislature should examine."

Wow!! It looks to me like Perry has broadened his stance on commutations with this decision. And, in fact, he's saying the legislature should examine the law of parties again. Unbelievable.

I am astonished. And I am delighted. Congratulations go directly to Foster's legal team. And now, now that we can all breathe again for a minute, maybe we can abolish the death penalty in its entirety!

Update 2: speed of the internet: the Pardon and Parole story was on AP at 12:08 ET, the Commutation story was on Morning Nes at 1:08 ET. Wow!!

Update 3: I've been writing about the death penalty for more than 5 years here. I just want us to mark our calendars on today, because this is really an historical, unimagineably wonderful event.