Former Honors Student Loses Death Row Appeal
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Former Honors Student Loses Death Row Appeal
A federal appeals court won’t order another new trial for a former high school valedictorian and University of Texas honor student who was sentenced to die for killing an Austin police officer three decades ago.
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(July 17, 2008)--A federal appeals court has denied a third retrial for former high school valedictorian and University of Texas honors student David Lee Powell, 57, who was sentenced to death by three separate juries for killing an Austin police officer with an automatic assault rifle 30 years ago.

The 5th U.S. Circuit Court of Appeals upheld his conviction and death sentence in a ruling posted late Wednesday.

The New Orleans-based appeals court agreed last month that Powell could consider three appeal claims, but in its ruling upheld a lower court ruling rejecting those claims.

Albanedo died in a hail of gunfire from a Russian-made AK-47 after he stopped a car driven by Powell’s girlfriend in May 1978 near downtown Austin for not having a rear license tag.

Evidence showed that Powell, who was a passenger, opened fire on Albanedo.

The officer was struck at least four times, but managed to reach his radio, call for help and provide a description of his assailant.

He later died in an Austin hospital.

In his time on death row, and off drugs, court records show Powell has become a model prisoner.

Of the 367 prisoners on death row in Texas, only five others have served more time there than Powell, who arrived on death row in October 1978, a month after his first conviction.

His most recent retrial was in 1999.

Latest Comments

Posted by: k Location: houston on Jul 18, 2008 at 10:30 AM

i agree give this guy the needle and get it over with. They did not hesitate when executing the other cop killers. He's been on death row almost as long as I have been alive. 37 years. Honor student or not, he isn't too smart. Kill a cop because of your tags that is real smart he got an A for that one A**hole
[ Report Abuse ]
Posted by: m on Jul 17, 2008 at 04:22 PM

He's lived longer than the person whom he killed....an AK 47 no less??? What the heck was he thinking..Or better yet, not thinking at all...
[ Report Abuse ]
Posted by: LN Location: Robinson on Jul 17, 2008 at 03:11 PM

More than 30 years?!?!?! And he killed a cop in cold blood! This guy should not be wasting oxygen any longer than it takes to get him strapped down for the needle.
[ Report Abuse ]
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