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Thread: Benito Ocampo Albarran - Alabama

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    Benito Ocampo Albarran - Alabama


    Officer Daniel Howard Golden




    Summary of Offense:

    Alberran was convicted in the shooting death of Officer Daniel Golden. Golden was shot to death in the parking lot of a Jordan Lane restaurant in 2005.

    Alberran was sentenced to death on September 3, 2008.

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    September 3, 2008

    Benito Albarran Sentenced to Death

    HUNTSVILLE, Ala. - A man convicted of killing a Huntsville police officer in 2005 was sentenced to death by lethal injection Wednesday.

    Madison County Circuit Judge Karen Hall handed down the sentence for 34-year-old Benito Albarran of Huntsville Wednesday for the shooting death of Officer Daniel Golden.

    In June, a jury voted 10-2 to recommend the death penalty for Albarran, whom authorities said was as an illegal immigrant.

    Hall said that the sentence was difficult to decide on, but ultimately the aggravating evidence outweighed the mitigating evidencem convincing her that the death sentence was appropriate in this case.

    On Tuesday, Hall denied a defense motion to order an acquittal Tuesday because of a juror's false answer on a pretrial questionaire.

    The defense said the juror was untruthful when she denied that she or anyone close to her had ever being the victim or a witness to a crime. The juror was not named.

    Albarran will be transported to Atmore State prison where he will await the automatic appeal that is mandatory with all death penalty sentences.

    http://www.waaytv.com/global/story.asp?s=8937528

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    Alabama court appeals upholds death sentence in Huntsville police killing

    MONTGOMERY, Ala. (AP) — A state appeals court has upheld the capital murder conviction and death sentence that a Huntsville restaurant manager received for killing a police officer, but it overturned two other capital murder cases.

    The Alabama Court of Criminal Appeals ruled Friday that the death penalty was appropriate for Benito Ocampo Albarran. He was convicted of shooting Huntsville police officer Daniel Golden when he answered a call about a domestic dispute at the restaurant where Albarran and his wife worked in September 2006.

    http://www.whnt.com/news/sns-ap-al--...,1665087.story

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    Appeals court denies appeals rehearing for illegal immigrant who murdered Huntsville officer

    MONTGOMERY, Alabama -- A state appeals court today refused to rehear the appeal of an illegal immigrant who was sentenced to death for the 2005 capital murder of a Huntsville police officer.

    The Alabama Court of Criminal Appeals issued a one-page order denying the rehearing in the case of Benito Ocampo Albarran, who killed officer Daniel Golden as he lay on the ground begging for his life.

    Golden was confronted by Albarran on Sept. 20, 2005, when he answered a 911 domestic dispute call at the El Jalisco restaurant on Jordan Lane in Huntsville where Albarran was the manager.

    According to testimony at the trial, Albarran walked toward Golden pointing a .38-caliber revolver at him, prompting Golden to raise his arms. Albarran fired, and Golden returned fire until his pistol misfired. One of Albarran's shots hit Golden in the lower abdomen, and he fell to the ground.

    As the officer lay on the ground pleading for his life, Albarran walked up to him and fired another gun at him. That bullet lodged in Golden's protective vest. As Golden yelled: "Wait!" Albarran fired two more shots into Golden's head, killing him.

    Albarran, 37, is being held on death row at the maximum security Donaldson Correctional Facility near Bessemer.

    http://blog.al.com/breaking/2011/07/...appeals_r.html

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    Supreme Court denies petition for convicted cop killer

    The Alabama Supreme Court denied Benito Albarran's request for an appeal.

    Albarran was found guilty of shooting Officer Daniel Golden to death at a Jordan Lane restaurant six years ago. Albarran was sentenced to death.

    A petition was filed in the case of Albarran VS the state of Alabama. Mark McDaniel, a legal analyst, said the Supreme Court initially granted Albarran a petition that said they review the case on two different issues. They decided to do away with the petition after reconsideration.

    "Bottom line is this case has been affirmed in the Alabama court systems the death sentence that was given in this case. The Alabama court says you can carry that out," said McDaniel.

    However, McDaniel said the case is far from over. Albarran's appeal will go to the Federal court system, then to the US District Court in Birmingham.

    He can then appeal the 11th Circuit Court of Appeals in Atlanta and then the US Supreme Court.

    All of which will be paid by Alabama taxpayers.

    http://www.waff.com/story/18557169/s...ath-row-inmate
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    In today's United States Supreme Court orders, Alberran's petition for writ of certiorari was DENIED.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-07-2147)
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    Man Convicted In Huntsville Officer’s Murder Appeals Death Sentence

    Benito Albarran, the man convicted of killing a Huntsville Police Officer in 2005, is asking the court to overturn his death sentence.

    In his appeal, Albarran claims his constitutional rights were violated. Albarran’s lawyers handling the appeal also claim their client’s trial lawyers were ineffective, and that an order to move his trial to Calhoun County was not handled properly. The trial was eventually held in Madison County.

    Albarran shot Daniel Golden, a Huntsville Police officer, outside of Jalisco Restaurant on Jordan Lane on August 29, 2005.

    Albarran went to trial in 2008 and was found guilty and sentenced to death. He is currently on death row at Donaldson Correctional Facility in Bessemer.

    http://whnt.com/2013/05/14/man-convi...eath-sentence/
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    Alabama ordered to respond to Huntsville cop killer's efforts to overturn murder conviction, death sentence

    A Madison County Circuit judge has given the State of Alabama 60 days to respond to a filing by attorneys for Benito Albarran seeking to have his conviction and death sentence overturned.

    Albarran, 39, was convicted of capital murder in the Aug. 29, 2005 shooting death of Huntsville Police Department officer Daniel Golden. Jurors recommended the death penalty for Albarran and Circuit Judge Karen Hall gave him a death sentence.

    Albarran's attorneys submitted a lengthy filing with the court this week arguing Albarran's attorneys failed to properly represent him, causing his rights to be violated and leading to his conviction and sentence. The attorneys asked the court to grant them a hearing on the request for a new trial.

    Hall issued an order Thursday given the State of Alabama 60 days to respond to the Albarran post-conviction filing. The filing was under Rule 32 of Alabama's Rules of Criminal Procedure, which addresses post-conviction issues, including ineffective assistance of counsel.

    Golden, a three-year veteran of the department, was killed while answering a domestic violence call at El Jalisco Mexican restaurant on Jordan Lane. There was an exchange of gunfire and Golden's gun reportedly jammed. According to testimony at Albarran's trial, Golden was on the ground, pleading for his life when Albarran shot him in the head.

    Golden's family sued the Albarran family and the restaurant in a wrongful death lawsuit in Madison County and in 2011 a jury awarded the family $25 million from Albarran and $12.5 million from the restaurant.

    http://blog.al.com/breaking/2013/05/...0_days_to.html

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    Huntsville cop killer remains on death row

    It's been nine years since Huntsville Police Officer Daniel Golden was gunned down while on duty and his killer remains on death row.

    Benito Albarran was convicted of capital murder and a jury recommended the death penalty over life without parole. State Representative Mike Hall said Alabama is especially slow when it comes to carrying out the death penalty.

    “The process, it will always be slow,” Hall said. “But some of these cases are ridiculous at how slow it is and how long it's delayed.”

    Hall said the process could be sped up by running multiple paths of the appellate process at the same time. He said doing that would not eliminate any of the checks and balances in the system. That would take a bill and Hall said anything that has to do with the death penalty is controversial.

    Alabama's last execution was Andrew Lackey in 2013. Lackey asked to be executed.Currently there are 193 inmates on death row in Alabama. Of those inmates, 89 have been on death row for more than 15 years.

    http://www.waff.com/story/26406122/h...s-on-death-row
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    Convicted Huntsville cop-killer Benito Albarran in court next week bidding to overturn death sentence

    HUNTSVILLE, Alabama -- A Mexican man who is on Alabama's death row after being convicted in 2008 of killing a Huntsville police officer has a court date set for next Friday.

    Benito Albarran, 40, who received a death sentence for shooting officer Daniel Golden on Sept. 20, 2005, is seeking to have his conviction overturned or be granted a new trial.

    Madison County Circuit Judge Karen Hall, who presided over Albarran's trial, has set a status conference on Albarran's appeal at 11:30 a.m., Sept. 5, at the Madison County Courthouse.

    Albarran was convicted in 2008 of fatally shooting Huntsville Police Department officer Daniel Golden, after Golden responded to a domestic disturbance call at the El Jalisco restaurant on Jordan Lane, where Albarran worked.

    According to trial testimony, Albarran walked toward Golden pointing a .38-caliber revolver, prompting Golden to raise his arms. Albarran fired, and Golden returned fire until his pistol misfired. One of Albarran's shots hit Golden in the lower abdomen and he fell to the ground.

    As the officer lay on the ground pleading for his life, Albarran walked up to him and fired another gun at him, according to testimony. That bullet lodged in Golden's protective vest. As Golden yelled: "Wait!" Albarran fired two more shots into Golden's head, killing him.

    Albarran's appeal is filed under Rule 32 of Alabama's rules of criminal procedure. The Rule 32 appeal generally takes place after the defendant's direct state court appeals have been exhausted and focuses on claims of ineffective work by the defendant's trial attorneys, errors by the judge, jury or prosecutors and other matters related to how the trial was conducted.

    Newly discovered evidence can also be presented in a Rule 32 filing.

    Albarran's volunteer attorneys argued in lengthy petition filed last year that his conviction and death sentence should be overturned.

    The filing cited a number of concerns the attorneys had, including a planned effort to try the case in another county that never occurred, the defense's failure to focus more on Albarran being mentally retarded as part of the effort to show he should not receive the death penalty and insufficient efforts to prove Albarran was incompetent to stand trial.

    The filing also argues that the defense should not have called attention to Albarran's immigration status during jury selection. Records indicate he entered the U.S. illegally. The filing argues that references to his immigration status prejudiced the jury pool against him and as a result, Albarran should receive a new trial.

    The Alabama Attorney General's office, which handles criminal appeals, rejected those arguments in a court filing in July. The AG's office said the filings on Albarran's behalf offer no reason why he should get a new trial.

    http://www.al.com/news/huntsville/in...l#incart_river
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