major funding for the pbs newshour has been provided by: somebody has got to get serious. >> i think... >> we need renewable energy. >> ...renewable energy is vital to our planet. >> you hear about alternatives, right? wind, solar, algae. >> i think it's got to work on a big scale. and i think it's got to be affordable. >> so, where are they? >> it has to work in the real world. at chevron, we're investing millions in solar and biofuel technology to make it work. >> we've got to get on this now. >> right now. >> moving our economy for 160 years. bnsf, the engine that connects us. the william and flora hewlett foundation, working to solve social and environmental problems at home and around the world. and with the ongoing support of these institutions and foundations. and... this program was made possible by the corporation for public broadcasting. and by contributions to your pbs station from viewers like you. thank you. >> woodruff: in afghanistan, the top official trying to make peace with the taliban was the victim of an assassination in kabul today. margaret warner has the story. >> warner: a former afghan president for the past year has been leader of the so-called high peace council. a 68-member group trying to negotiate a reconciliation with the taliban. afghan officials say the man was killed at his kabul home by a suicide bomber. three other people were wounded. there are conflicting accounts of how the murderer gained access to rabani. meeting at the united nations at midday, afghan president hamid karzai and president obama expressd determination that the afghan-led peace process would go on. karzai is flying home early from the u.n. to deal with the fallout. for more we turn to patrick quinn, news editor for afghanistan and pakistan at the associated press in kabul. and patrick, welcome. tell me what the latest on what exactly happened. >> well, what afghan officials and nato are saying is that the suicide bomber carried out the attack with a bomb inside his turban. he apparently gained access to mr. rabani's home, pretending to be an emissary for the taliban. he was actually escorted into the house by a former taliban leader and former fighter who fought along with rabani against the russians. so he gained access pretty much by saying that he was there to discuss peace. he entered the home, shook mr. rabani's hand, apparently bowed over in a sign of respect and then blew up the turban. the explosion killed mr. rabani. it also seriously injured a senior advisor to president karzai on issues of reconciliation and reintegration. so this suicide bomber essentially managed to damage the two people who were leading the peace process here in afghanistan. >> warner: what are u.s. and afghan officials saying to you about how big a blow this is for the u.s.-backed effort, led by the afghan government, to negotiate an end to this war? >> well, everybody here is trying to sort ofate not downplay the event but they're basically saying the peace process will continue. however, this is is a very clear sign that the taliban are not interested in talking peace. they've just killed the top negotiator who was responsible for bringing peace or trying to bring the taliban into this government or find some negotiated settlement to a war that has no military solution. so by killing, a, the top negotiator and trying to kill the number-two person in the reconciliation process, minister, i think they have given a very clear signal that they're not really interested in talking. >> warner: what kind of progress had rabani and his high peace council made in the last 11 months since they've been doing this? >> well, most of the discussions have been kept pretty hush-hush and pretty secret. we know they've been talking to the taliban. we're not quite sure which part of the taliban they've been talking to. but some spro gres had been made. we have to there have essentially been two tracks on this. there is a u.s.-led effort to open talks to the taliban. this occurred in meetings in germany and doha. however, everybody has insisted that this is an afghan-led, an afghan-owned peace process. so some progress is made not very visible but whatever it was it's gone now. >> warner: this comes just a week after the taliban mounted this, what, 20-hour siege of the u.s. embassy and the international forces headquarters in kabul. what does it say about the strength of the taliban in the heart of kabul? >> well, it's not so much about the strength of the taliban in the heart of kabul. it's about the strength of the afghan police and their ability to stop the taliban. let us not forget that as part of the transition process from nato/u.s. control to afghan control, we'll be handing over responsibility for security to the afghan forces by 2014. so it makes somebody wonder how prepared they will be to assume that responsibility. this isn't... this is the third attack inside of kabul in three months. actually the fourth attack. it wasn't just the u.s. embassy. they attackd the british consul at the end of last month. they attacked a large western hotel here. there had been many deaths. this basically is a sign, perhaps its perception, that the taliban are trying to tell people, well, we can strike anywhere we want any time we want. >> warner: patrick quinn of the associated press, thank you so much. >> thank you, margaret. >> ifill: still to come on the newshour, a death penalty debate; an end to the ban on gays serving openly in the military; an opera about a 9-11 hero; and big money in college sports. but first, with the other news of the day, here's kwame holman. >> holman: gunmen in pakistan attacked a bus and killed 26 shiite muslims today. the victims were pilgrims on their way to iran. local tv showed rescue workers retrieving the bodies, and ambulances taking the wounded to hospitals. a militant sunni group claimed responsibility for the attack. separately, today pakistan and the u.s. agreed to limit the number of american troops in the country. the associated press said the total would drop to between 100 and 150 from nearly 300 now. a tense calm has returned to yemen's capital city, with a cease-fire now in effect. the country's vice president and several western ambassadors negotiated the truce between supporters of president al abdullah saleh and opponents of his regime. hours earlier, at least nine people died in street battles. clashes also broke out again in the southern city of taiz. at least 60 people have died in the violence since sunday. moammar qaddafi issued new words of defiance today, insisting nato attacks will not end his regime in libya. the embattled qaddafi spoke in an audio message broadcast on syrian-based television. he said, "the political system in libya is a system based on the power of the people, and it is impossible that this system be removed." but speaking at the united nations meeting in new york, president obama said nato will not be swayed. >> so long as the libyan people are being threatened the nato-led mission to protect them will continue. those still holding out must understand, the old regime is over. it is time to lay down your arms and join the new libya. >> holman: mr. obama also met with leaders of the libyan opposition council, now recognized as the new government. he said the world will support the post-qaddafi regime as it tries to build democratic institutions. u.s. policy in the middle east drew fire today from two top republican presidential candidates. texas governor rick perry charged president obama has conducted a policy of appeasement toward the palestinians at the expense of israel. perry said it only encouraged the palestinian authority to try to win u.n. recognition as a state. >> simply put, we would not be here today at this very precipice of such a dangerous move if the obama policy in the middle east wasn't naive and arrogant, misguided and dangerous. >> holman: former massachusetts governor mitt romney also weighed in. he said what's happening at the u.n. this week is "an unmitigated diplomatic disaster." >> holman: the government of greece reported progress today in a bid to avoid defaulting on its debt. the greek finance minister held more talks with the european commission, international monetary fund and the european central bank. meanwhile, civil servants demonstrated in droves in athens against possible cuts in pay and pensions. some also could lose their jobs as the government grapples with how to meet strict budget targets. wall street rallied for most of the day, then gave up its gains by the close. the dow jones industrial average finished just seven points ahead, to close at 11,408. the nasdaq fell 22 points to close at 2590. more than a million people in central japan were urged to evacuate today, ahead of a powerful typhoon. the number included some 80,000 in nagoya, where heavy rain flooded streets and swelled rivers. the storm was expected to reach the tokyo area tomorrow. another typhoon in japan several weeks ago left 90 people dead or missing. those are some of the day's major stories. now, back to gwen. >> ifill: uproar over the case of a georgia man convicted of murder two decades ago has revived questions about how the death penalty is applied there and across the nation. human rights groups lined the streets of atlanta today to protest tomorrow's scheduled execution of convicted murderer troy davis. >> this is a case that has fallen apart without the benefit of physical evidence. it relies on witness testimony that has become completely unraveled. >> ifill: davis was sentenced to death in 1991 for killing an off-duty police officer. seven of the nine witnesses who testified against him have since recanted or contradicted their testimony. that has brought davis the support of prominent political figures ranging from former president jimmy carter to ronald reagan's appointed f.b.i. director william sessions to the european union's top diplomat. today's parole board decision to deny his request for clemency was davis's likely last chance. the lengthy legal battle has included two stays of execution and an intervention from the u.s. supreme court in 2008. the five-person state panel defended its decision saying board members, quote, consider the totality of the information presented in this case and thoroughly deliberated on it. the debate surrounding capital punishment resurfaced as a political issue earlier this month in a republican presidential debate. governor rick perry was asked about his record in texas where he has presided over the execution of 234 death-row inmates. that's more than any other governor. >> in the state of texas, if you come into our state and you kill one of our children, you kill a police officer, you're involved with another crime and you kill one of our citizens, you will face the ultimate justice in the state of texas. and that is you will be executed. ( applause ) >> ifill: the u.s. supreme court delayed an execution in governor perry's home state just last friday pending review of the defendant's appeal. duane buck is on death row for murdering two people in 1995. his guilt is not in doubt. at issue is whether the jury was unfairly influenced by a psychologist's testimony that african-americans are more likely to commit violent acts. a gallup poll taken last october showed 58% of americans believe the death penalty is applied fairly. 36% disagree. georgia's governor has no power to grant stays of execution and davis is now scheduled to die by lethal injection wednesday night. late today the high court delayed the execution of a second texas inmate on death row, less than three hours before he was scheduled to die. for more, we're joined by charles stimson, senior legal fellow at the heritage foundation, and a former prosecutor, defense attorney and military judge. and vincent southerland, assistant counsel in the naacp legal defense fund's criminal justice practice, and a former public defender. has the debate, ben southerland, has the debate changed about the death penalty given these cases and given the political climate? >> i think the debate has changed about the death penalty given these recent cases. it's changed in terms of now we look at the death penalty as one of fundamental fairness, an issue that we all can agree, i think, is critical in the imposition of any punishment particularly the ultimate punishment, the ultimate sanction of the death penalty. i think what mr. davis's case and mr. buck's case and countless other cases have demonstrated is that the death penalty is not applied, is not issued, is not rigorously looked at in a fair and even- handed way. and the barriers to that fairness, prosecutorial misconduct, police misconduct, abuse of discretion by prosecutors and judges and racial discrimination as well as discrimination in terms of poverty and resources have really undermined the fundamental fairness i think we can all demand from our criminal justice system snarls charles simpson, he mentioned fairness. does that change the nature of this debate or is this the debate we've been having for a while? >> we've been having this debate, gwen, and polling this issue since 1936. support for the death penalty has been universally high. recently 64% of americans in the latest gallup poll support the use of the death penalty. i agree with my friend vince in the sense that when a state-- and 4 states have the death penalty-- decides to offer the ultimate penalty for the ultimate crime that it should be applied fairly. you know, 76% of the victims of these crimes have been white, and 56% of those executed were white. so i understand the racial bias angle. i think that's probably one of the reasons the texas case, the buck case has been put on hold because what this defense expert said. but americans take this issue seriously. although i don't think it's bubbled to the surface at least in terms of the 2012 race yet. >> ifill: let me ask you about this because i wonder whether we're having this debate at all because there are people who believe that it should never be applied or is this because of how it's apply? >> well, i think as i stated the polls are very clear. americans support the death penalty in appropriate cases. 70% of the states offer the death penalty for capital crimes or other heinous crimes. you know, a case like the case out of georgia, mr. davis's case, there's a lot of protest today, et cetera, about mr. davis's case. but a federal judge after his case has gone up to the state supreme court several times, the u.s. supreme court several times said that his new evidence, quote, is largely smoke and mirrors. that judge in a detaild ruling eviscerated this recantation evidence and found it not to be credible. so we have a very robust system in the various states. they're not perfect. people understand that. but we have a system that works. we need to support or amend it when it doesn't work. >> ifill: mr. southerland, do we have a system that works? and in the case... what is it about the troy davis case which raises questions for the people who do not believe it works? >> our system actually does not work. the overwhelmingly number of cases, there have been about 138 exonerations of individuals on death row since 1973. those cases exonerations range because of racial bias of the jurors, of the prosecutors involved in the case, of police misconduct and corruption in the system generally. mr. davis's case is emblematic of many of those problems as are many of the cases in the system today. as reports from mr. davis's case have shown, seven of the nine witnesses who testified at trial said mr. davis was guilty of this offense, have recanted and changed their stories. questions like that really raise serious questions and doubts in people's minds about the fundamental fairness in the process that people are going through. you want to have a system that.... >> ifill: pardon me. in a broader sense, are we talking about race when we have these questions or are we talking in general about the overall application of the death penalty? >> race is certainly a part and parcel of the conversation when we're talking about these cases because the death penalty, the criminal justice system and race are inextricably bound in american history. there was a clear link between lynchings and the death penalty of today as a means of suppression, as a means of social control. race in particular and in a case in 1987, the university of iowa professor david baldis found that you're 11 times more likely to receive the death penalty in georgia if you have a white victim. that type of racial disparity, that type of racial impact is something that clearly shows that race racism tainted our criminal justice system and the capital punishment system in particular. >> ifill: what do you say to that, mr. simpson? how does that square with the public opinion you were talking about? >> to the extent i agree with vince. it's in this narrow point. that is, any improper use of race, either in jury selection or in the ultimate punishment is wrong. our criminal justice system especially our pell pell courts look very carefully at that not only at the state court level but at the federal court level. that's when i say the system works that's what i'm talking about. there are these checks along the way. i think what the american people aren't willing to tolerate is unlimited appeals. and the federal courts have been now limited by the congress and the state courts are limited by state legislatures on these unlimited appeals after appeal after appeal. with mr. davis's cas the only thing extraordinary about his case is he's the poster child for the anti-death penalty crowd. mr. davis's case when you read judge moore's opinion, judge moore says that the... four of the six recantations are quote either not credible or not true recantations. then the judge pointed out that mr. davis himself wouldn't even allow those witnesses who recanted to be cross-examineded in the hearing, the post trial hearing. i don't think mr. davis's case is necessarily the best poster child for those who understandably.... >> ifill: what about these other cases the supreme court has intervened in? >> well, let's talk about the buck case. i think that's an excellent example from texas. the supreme court stayed that case. a defense expert testifieded at the penalty phase of the trial on cross-examination said the fact that he was an african-american made it more likely that he would reoffend. i think that that kind of testimony not only bothered senator cornyn at the time who was the attorney general texas in texas but me and others. no doubt that's played a part in the supreme court and i suspect the case will be sent back for resentencing. >> ifill: the troy davis case in particular is a bad example of something and just an excuse for the anti-death penalty crowd to rally around this issue. what do you think about that? >> mr. davis's case presents many of the problems we see with the criminal justice system in general and the death penalty in particular. the witness recantations, the fact that the police coerced individuals to change their testimony, prosecutorial misconduct. all these things were... are factors in many death penalty cases across the country and happen in criminal courts everyday. i see it in my experience as a public defender where individuals are going through the system, being shoved through a system basically without proper representation, without proper resources and with many forces of the state brought to bear against them in a position where the most vulnerable individuals in society. i think mr. davis's case is more than an excuse. it's something that many courts and the supreme court should ultimately take a look at. if you're going to take a person's life with that type of certainty of punishment to end their life altogether, p