the high court also refused to stay friday's execution of former philosophy professor, david gale. gale had sought a review of his 1993 conviction for the rape and murder of university of texas colleague, constance harraway. defense lawyers had hoped to argue that gale's former activism against capital punishment unduly prejudiced. the texas judicial system. citing 'discriminating purpose' -- clear political gain in executing its leading opponent of the death penalty. further failed to consider that the victim was herself an abolitionist activist. here's what we know so far. last night, news magazine posted on their web site a video obtained by reporter bitsey bloom. the footage appears to show constance harraway commit suicide. bloom reports she received the tape friday morning at a motel in huntsville, where she was staying while conducting gale's last interview. the tape apparently had been in the possession of a former deathwatch director. dustin emil wright. as you can see, police and officials from the state attorney's office have been in and out of his cabin all morning, looking for clues to his whereabouts. a fanatic in the movement to stop the death penalty. it appears wright withheld the tape to make an obscure political point about the potential for error in capital cases. of course, the ultimate irony is that david gale, a man who became an unwitting martyr, may achieve in death what he worked for in life.