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(Michael Graczyk/ Associated Press ) - In this Aug. 29, 2012, photo, convicted killer Cleve Foster speaks from a visiting cage at the Texas Department of Criminal Justice Polunsky Unit outside Livingston, Texas. Foster has received three reprieves from the U.S. Supreme Court, including two last year when he was within hours of execution for the slaying of a 30-year-old woman near Fort Worth in 2000. He is scheduled to die Sept. 25, 2012.

Former Army recruiter Cleve Foster went to the U.S. Supreme Court a fourth time, hoping they’d again postpone his execution that’s scheduled for Tuesday evening for his role the 2002 shooting death of a Fort Worth woman he and a buddy met at a bar.
Attorneys for Foster, 48, argued he was innocent of the slaying of 30-year-old Nyaneur Pal, a Sudanese immigrant shot in the head and dumped in a ditch on Valentine’s Day 2002.
“No court has ever found that his underlying arguments have any merit despite Foster’s repeated entreaties and trips through the criminal justice system,” Stephen Hoffman, an assistant Texas attorney general, told the Supreme Court.
Foster and a companion, Sheldon Ward, were sentenced to die for killing Pal, who was seen talking with the men at a Fort Worth bar hours before her body was found in a ditch off a Tarrant County road.
“I am as certain of Foster’s guilt as I can be without having seen him do it,” Ben Leonard, who prosecuted Foster in 2004, said last week. “He lost his innocence claim and the point of law he appeals on now is as arcane as it is unfounded.”
A gun in the motel room where Foster and Ward lived was identified as the murder weapon and was matched to an earlier fatal shooting of 22-year-old Rachel Urnosky at her Fort Worth apartment. Foster and Ward were charged but never tried.
Foster blamed Pal’s death on Ward, one of his recruits who became a close friend. Prosecutors said evidence showed Foster actively participated in Pal’s killing, offered no credible explanations, lied and gave contradictory stories about his sexual activities with her.
The two were convicted separately, Ward as the triggerman and Foster under Texas’ law of parties, which makes participants equally culpable.
Pal’s blood and tissue were found on the weapon and DNA evidence showed both men had sex with her.

http://www.washingtonpost.com/natio...cc9a26-0727-11e2-9eea-333857f6a7bd_story.html