Claims that important forensic evidence remained to be tested were not enough to stop the next scheduled execution in Georgia. Grant Blankenship has more.

Marcus Ray Johnson's attorney's argued for clemency Tuesday saying that DNA evidence released by police in Albany after Johnson's conviction needed another look. The Board of Pardons and Parole was not convinced and upheld Johnson's death sentence stemming from a 1994 rape and murder.

The hearing was also the first under a new Georgia transparency Law. Had the death sentence been commuted, the Board of Pardons and Parole would have explained why, in writing. Georgia Legislators closest to the law say that the Board should also explain their denial of commutation. They have not.

Johnson's execution is scheduled for tonight at the Jackson Diagnostic Prison.

Tags: Albany, death penalty, execution, Grant Blankenship