Thread: Suspected cop killer's trial unlikely before spring '08

I have not forgotten Officer Golden and the way this SOB killed him in cold blood while he lay on the ground pleading for his life after his gun jammed! I hope Benito Ocampo Albarran burns in HELL!



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Suspected cop killer's trial unlikely before spring '08
Saturday, July 14, 2007
By DAVID HOLDEN
Times Staff Writer david.holden@htimes.com

Defense asks for delay, will discuss change of venue

A trial for capital murder suspect Benito Ocampo Albarran, the man accused of killing Huntsville police officer Daniel Golden in 2005, is unlikely before next spring.

Albarran's trial, which was scheduled for September, has been postponed. His lawyers said Friday that they need more time to prepare.

The prosecutors and Albarran's lawyers are scheduled to meet with Circuit Judge Karen Hall on July 26 to schedule a new trial date and to discuss a possible change of venue.

Hall said she has dates open on her calendar during March, April and May in 2008. So far, the defense has not filed a motion for a change of venue on any issue, she said. Hall asked the lawyers to determine now if there will be a need to consider a change of venue, because she does not want the issue to pop up shortly before the trial.

Albarran, 33, is accused of fatally shooting Golden on Aug. 29, 2005, in front of a Mexican restaurant on Jordan Lane.

Golden was answering a domestic call at the restaurant when he came under fire from Albarran, prosecutors say. Golden's semi-automatic pistol jammed, and he fell from several wounds. Albarran then stood over Golden and fired two more shots into his face, police said.

Albarran is charged with capital murder because he allegedly shot a police officer who was on duty. If convicted, Albarran would face life in prison without parole or execution by lethal injection.

During the pretrial hearing Friday, the prosecutors and Albarran's defense lawyers discussed the status of pending motions with Hall.

The defense attorneys, Richard Jaffe and Bruce Gardner, requested rulings on a stack of motions. They also introduced a motion in which Hall cleared the courtroom to hear the pleading. Deputy District Attorney Robert Broussard was also excluded from the discussion.

If the prosecutors seek the death penalty, the trial will be conducted in two phases. During the first phase, the guilt phase, the jury hears the evidence and renders its verdict of guilty or not guilty. If the defendant is found guilty of capital murder, the second phase of the trial starts. The jury hears evidence on mitigating and aggravating factors and decides whether to recommend the death penalty. But the judge administers the punishment and can override a jury's advisory verdict.

Hall denied several motions from the defense requesting that she declare Alabama's death penalty law unconstitutional. She also denied several motions that asked her to declare unconstitutional the jury's advisory verdict in death penalty cases.

Hall granted a motion to require all government agencies involved in the investigation to retain rough notes that were used to complete final reports. Those notes include police and state forensic investigators.

Here are just a few of the results of a Google Search for Officer Daniel Golden:



The Officer Down Memorial Page Remembers . . .
Officer Daniel Golden was shot and killed when he responded to a domestic disturbance call at a restaurant on Jordan Lane. The officer was shot in the head ...
www.odmp.org/officer .php?oid=17852 - 9k - Cached - Similar pages


Thank You Blue - Public Safety Officers, Line of Duty Deaths, LODD ...
Lincoln County, Tennessee mourns officer Daniel Golden's death. A sign...a flag...one of many that lined the Fayetteville highway marking the path to his ...
www.thankyoublue.org/fundraisers/danielhgolden .php/ - 10k - Cached - Similar pages


Police Officer Daniel H. Golden
Police Officer Daniel H. Golden Huntsville Police Department, Alabama End of Watch: August 29, 2005.
www.policespecial.com/inthelineofduty/2 ... 01-Golden/ Golden .htm - 35k - Cached - Similar pages


WHNT-TV, Huntsville, AL: State Honors Officer Daniel Golden
And that ultimate sacrifice is very real for the family of Officer Daniel Golden. Though Tuesday's ceremony in Birmingham was meant for gratitude and honor, ...
www.whnt.com/Global/story.asp?S=3996995 - 64k - Cached - Similar pages


Re: Officer Daniel Golden (14131)
Re: Officer Daniel Golden. We will always remember how proudly and bravely you served. Posted by (2006-06-27 21:00:23) ...
www.nleomf.org/cgi-bin/boardposting.cgi?id=14131 - 2k - Cached - Similar pages


Officer Daniel Golden (13745)
Officer Daniel Golden. We will never forget you. Posted by (2006-05-03 00:08:01) ... Follow ups; Re: Officer Daniel Golden - (2006-06-27 21:00:23) ...
www.nleomf.org/cgi-bin/boardposting.cgi?id=13745 - 2k - Cached - Similar pages

Albarran trial set to begin today
Monday, June 09, 2008
By DAVID HOLDEN
Times Staff Writer david.holden@htimes.com
Illegal immigrant charged in killing of officer Golden

The trial for capital murder suspect Benito Ocampo Albarran is scheduled to begin today in Madison County Circuit Court.

Albarran, 34, an illegal immigrant from Mexico, is charged in the fatal shooting of Huntsville police officer Daniel Golden on Aug. 29, 2005. The incident occurred in the parking lot of the Jalisco restaurant/grocery store operated by Albarran on Jordan Lane.

Albarran, who will be assisted by a Spanish-speaking interpreter, has been held in the Madison County Detention Facility without bail since.

If convicted of capital murder, Albarran could face a sentence of life in prison without parole or execution by lethal injection.

When he was shot, Golden, 27, was responding to a domestic violence call at the business around 3:30 p.m. The call was phoned in to the 911 center by Albarran's wife, Laura, police said.

Witnesses told investigators that Albarran came out the front door and started firing at Golden. Golden was walking backward returning Albarran's fire when his pistol jammed.

Golden, hit three times, fell to the ground, investigators said. The wounded officer was holding his hands in front of his body in a gesture of surrender, when Albarran stood over him and shot him twice in the face, investigators said.

An autopsy report prepared by a state medical examiner concluded that Golden died from several gunshot wounds. One of the facial wounds had powder burns indicating the shot was fired at close range.

Albarran has pleaded not guilty by reason of mental disease or defect - the insanity plea. His defense lawyers, Bruce Gardner, Richard Jaffe and Derek Drennan, argue their client's mental impairment was so severe at the time of the shooting that he did not understand right from wrong.

The attorneys admitted Albarran fatally shot Golden. They have the burden of proving to the jury with clear and convincing evidence he did not understand the wrongfulness of his action.

Prosecutors Robert Broussard and Jay Town must prove beyond a reasonable doubt, a higher standard than for the defense, that Albarran intentionally killed Golden, a police officer on duty, while trying to evade arrest.

According to police, witnesses said Albarran, after shooting Golden, bummed a cigarette and a light from a bystander and smoked until other officers arrived. He initially denied shooting Golden and told investigators he was mowing grass behind his business when he heard shots.

Eight of about 14 witnesses police interviewed said they saw some portion of the shooting, investigators said. All eight identified Albarran as the man who shot Golden.

The court spent last week selecting 12 regular jurors and four alternates to hear the trial. Circuit Judge Karen Hall swore in the panel of nine men and seven women Friday.

The lawyers are scheduled to make their opening statements today at 2:30 p.m. The trial could last up to two weeks.



© 2008 The Huntsville Times
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FOUR YEARS and no trial yet???

what the hell is this???? So much for speedy trial

The "insanity" defense is way overused. This man wasn't insane, sounds more like an abusive human being. Death penalty.