The controversy over the death penalty HE WAS ON THE THRESHOLD OF THE EXECUTION CHAMBER in Huntsville, Texas, 18 minutes after death by lethal injection, when the official news finally arrived that the 'needle would not be There will be no need that day. The rumors of a 30-day truce were true. Ricky McGinn, a 43-year-old mechanic found guilty of raping and killing his 12-year-old stepdaughter, will have the chance to prove his innocence with advanced DNA testing that was not available at the time of his conviction in 1994. The double cheeseburger, French fries and Dr Pepper that he requested for dinner last Thursday won't be his last meal, after all. Another galvanizing moment in the long debate over capital punishment: Last week Gov. George W. Bush granted his first stay of execution in five years in office not because of deep doubts about McGinn's guilt; it was difficult to find anyone outside of McGinn's family willing to bet that he was truly innocent. The doubts that worried Bush were those spreading throughout the country about the fairness of a system in which the stakes are life and death. "These death penalty cases stir emotions; Bush told NEWSWEEK in an exclusive interview about the decision. Imagine the emotions that would have been stirred if McGinn had been executed, and then proven innocent after death via DNA. So, Bush thought, why take the risk? "Whether McGinn is guilty or innocent, this case helped establish that all inmates eligible for DNA testing should get it," says Barry Scheck, a noted DNA legal expert and co-author of "Actual Innocence." "It's just common sense and decency." Even if Bush made the right decision, the McGinn case illustrated why capital punishment in Texas is in the crosshairs this political season paper.... .. life without parole. The difference lies in the initial costs of the trial, which are at least four times greater than in cases in which death is not requested. California spends 90 million dollars more on its cases capital beyond the normal costs of the system by subtracting pro bono defense, the system is not a good deal for taxpayers. Whether you're for or against the death penalty, it's hard to argue that it doesn't need a new look. Since the dawn of America, when Benjamin Franklin helped develop the notion of degree of culpability for murder, this country has been willing to reevaluate its assumptions about justice. If we want to keep the death penalty, public opinion seems to say, we need to make damn sure we're doing it right. DNA testing will help. And so more fines will arrive. But if, over time, we can't get it right, then we have to ask ourselves whether it's worth doing.