New appeal for illegal immigrant who killed Huntsville officer

Our archives of news articles contain numerous articles re this illegal beginning 2005.
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Posted: May 14, 2013 2:56 PM PDT Updated: May 14, 2013 3:36 PM PDT
By Amanda Jarrett

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Benito Albarran shot and killed Huntsville Police Officer Daniel Golden

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Benito Albarran is appealing his capital murder conviction.

HUNTSVILLE, AL (AP) -

Attorneys for the man convicted of killing Huntsville Police Officer Daniel Golden filed a new appeal.

Benito Albarran is on death row. The murder happened during a domestic violence call at a restaurant on Jordan Lane in 2005. Albarran shot Officer Golden at point blank range.

Albarran was convicted by a Madison County jury and sentenced to death.

New attorneys for Albarran filed a Rule 32 petition. A Rule 32 petition is filed after the first appeal is denied.

The petition, filed Tuesday in Madison County, states Albarran's attorneys made decisions that hurt their client.

One decision allowed the trial to happen in Madison County. Initially the trial was moved to Calhoun County, but the defense later withdrew the objections to keeping the trial where the crime happened.

The other element involves how that decision was handled by the judge.

The petition states Judge Karen Hall never entered an order officially moving the trial back to Madison County.

WAFF 48 Legal Analyst Mark McDaniel says he does not see Albarran winning this appeal, "His chances are very very slim. He had two very experienced criminal defense lawyers, number 1. Number 2, there are allegations the trial judge made mistakes. This trial judge, Karen Hall is one of the best trial judges in the in the entire nation."
The next step in this case is a hearing. If the appeal is denied Albarran's attorneys can take it to the Alabama Criminal Court of Appeals.

http://www.waff.com/story/22251196/n...sville-officer

Daniel Golden was shot and while Daniel lay wounded, the killer walked over to him and shot him again, killing him while he lay helpless on the ground begging for his life. Letting this, in my opinion, animal off on a technicality would b a horrible miscarriage of justice. They can dress him up for court, but he is what he is.

From 2008.

Daniel Golden family reacts to his death


Updated: Aug 03, 2008 4:43 PM CDT

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By Elizabeth Gentle

WAFF 48 News Reporter

Daniel Golden was killed in the line of duty nearly three years ago.

His family says from the second they learned of the tragedy is when their nightmare began.

WAFF 48's Elizabeth Gentle sat down with Golden family at their farm in Tennessee.
The family has been quiet since Daniel's death.

They didn't want to jeopardize justice being carried out.

So they waited to talk until the case was over.

The Golden's had plenty to say about the day that changed their life forever.

August 29, 2005, Donessa Golden got the call no police officer's wife wants to hear.

'Paramedic heard it over the radio. It was my partner. Called me on my cell phone screaming 'he's been shot.' I said I haven't been shot, I'm at home. No, Daniel's been shot,' says Donessa Golden.

Huntsville Police Officer Daniel Golden was gunned down answering a domestic violence call at a restaurant on Jordan Lane.
His family rushed to the hospital.

'Sitting in the front seat of a little bitty car on your knees praying the whole way there please don't take him,' says Donessa.

'Your heart, as a mother I knew it. Daniel was gone,' says Diana Golden.

Benito Albarran admitted he shot and killed Golden.

But Daniel's family says it's the *way* he died they will never get over.

'The thought of our little boy, grown man, begging for his life. Him walking closer, Daniel looking at him begging for his life. That's unbearable,' says Diana.

'It shouldn't have happened. Even after Daniel was shot and down, all the guy had to do was walk off,' says Kenneth Golden.
'What I think about is what Daniel was thinking. I know he thought my poor baby possum. I know he thought about the kids, mimi and pa,' says Donessa.

The Golden's want to thank the community and the police department for their support since Daniel's death.

http://www.waff.com/story/8617479/da...s-to-his-death