** FILE ** Barry Scheck, left, a DNA expert and founder of the Innocence Project, is shown before testifying before the Senate Criminal Justice Committee, in this March 25, 2003 file photo in Austin, Texas. Opponents of capital punishment point to the unfair role of class and race in death penalty cases. "There is tremendous arbitrariness to the death penalty. ... the race of the victims has a lot to do with who winds up getting executed," says Barry Scheck, co-founder of the New York-based Innocence Project, a legal clinic that seeks to exonerate inmates through DNA testing. (AP Photo/Harry Cabluck, File)