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Gary Graham to be Executed Minutes from Now in Huntsville Prison

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

BERNARD SHAW, CNN ANCHOR: To Huntsville, Texas now and the case that has once again focused international attention on the death penalty in the United States. Barring a last minute stay, Gary Graham will be executed minutes from now.

CNN's Charles Zewe joins us from outside the Huntsville prison.

Charles, why is this case so high profile?

CHARLES ZEWE, CNN CORRESPONDENT: A couple of reasons, Bernie. Because of the presidential contest and George W. Bush, the Texas governor, declaring only guilty people are executed in Texas, and because of the substantial questions about 36-year-old Gary Graham, who is now perhaps in his final hour of life, whether he was guilty of murdering a Houston man outside a supermarket 19 years ago. Graham says he didn't do it. Only one witness placed him at the scene. There was no other physical evidence in the case.

Right now, here outside of the prison, there is a big police presence, some of them in riot gear, most of them -- in fact, all of them, armed, prepared for potential trouble, but there's been none, as a small group of about 200 people gathered, protesting the execution of Graham. There is a much, much smaller crowd of perhaps dozen people in favor of the Graham execution, which is set for 7:00 Eastern Time, or less than an hour from now.

Graham's lawyers have lodged an emergency last-minute appeal with the U.S. Supreme Court. That is his final hope after being turned down for clemency or a reprieve from the Texas Board of Pardons and Paroles. Governor George Bush, who supports the death penalty, was powerless in this case since Graham had been given a one-time 30-day reprieve seven years ago by Democrat Ann Richards, the former governor. So once the pardon board made it's ruling today, Bush had no choice but to go along, and that's where we stand now. Witnesses will be taken into the room at the top of the next hour, and Graham, who has had to be forcibly subdued will be brought here to the death house. His vowing, according to the spiritual leader, minister, he is vowing to resist to being brought into the execution chamber itself -- Bernie.

SHAW: OK, thank you, Charles Zewe, with the very latest.

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