Russ Feingold: “the Nation has been engaged in a raging debate in recent days on whether Gary Graham should be executed in Texas.…”

“the Nation has been engaged in a raging debate in recent days on whether Gary Graham should be executed in Texas. Supporters of the death penalty, including Governor Bush, have said there is no conclusive proof that Texas or any State has killed an innocent person. But apparently Gary Graham, who had the courthouse doors slammed shut on his claim of innocence, won't have a chance to prove that he is innocent. I understand, at this moment, that all appeals have now been denied. Mr. Graham is scheduled to be executed before midnight tonight. Mr. President, Mr. Graham's plight symbolizes some of the most serious concerns with the fairness and accuracy in the administration of the death penalty. Don't get me wrong, Mr. Graham is not a good guy. He is a criminal, and, in fact, a very serious offender who deserves very serious punishment. But we need to realize what is about to happen. He is still a human being who is about to be executed at the hands of the State of Texas. This is a capital matter. Mr. Graham may not have committed a murder for which he is about to be executed. This case raised very serious issues of woefully incompetent trial counsel, eyewitness testimony that has never been heard by a jury, a conviction based on the sole testimony of just one eyewitness, and exculpatory ballistic testing data that was not shown to the jury. Despite the claims of those who would support the death penalty, Gary Graham is not alone.…”