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Gov. G.W. Bush Recommends Reprieve for Convicted Killer

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

ROGER COSSACK, CNN ANCHOR: We're now going to take you to Dallas, Texas to CNN's Charles Zewe, for the latest update on the Billy McGinn death penalty appeal -- Charles.

CHARLES ZEWE, CNN CORRESPONDENT: Well, Roger, after 131 executions here in Texas during his term as governor, Governor George Bush has apparently decided to go ahead and recommend a reprieve for Ricky McGinn, who was set to be executed tonight. Now, technically, because Bush is out of the state campaigning and the lieutenant governor is also out of the state, the decision -- the final decision on this falls toe State Senator Rodney Ellis, a Democrat from Houston. That announcement on reprieve from McGinn is expected at about mid- afternoon here.

McGinn claims he's innocent of murdering his 12-year-old step- daughter Stephanie. In 1993, he is accused and was convicted of raping, kidnapping and then murdering the child near West Texas, near Abilene. He has said he is innocent of all of that. DNA tests done shortly after the time of the conviction showed that there was no conclusive proof that he did it one way or the other.

McGinn and his lawyers have been pushing for an additional testing on a semen stain found on the child's shorts. That will now presumably happen once a reprieve is granted. But again, Ricky McGinn, set to die tonight by lethal injection in Texas, has been granted -- or will be granted a stay shortly here by the governor.

Charles Zewe, CNN, live, Dallas.

COSSACK: All right, our thanks to Charles Zewe.

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