Convicted cop-killer loses appeal

Convicted cop-killer loses appeal ---- 30 years after he shot and killed
an Austin cop, David Lee Powell is still on death row

He's been through numerous trials and appeals, but will not be getting a
4th trial.

Calling this a good day for the family, Irene Ablanedo didn't hold back
her feelings.

"I think it's time for him to be removed from the face of this earth," she
said.

Her brother, Austin police officer Ralph Ablanedo, was shot with a machine
gun after pulling over David Lee Powell and his girlfriend 30 years ago.
Powell was convicted and sentenced to death. But as of today, he is still
in prison fighting for his right to live.

But on Wednesday, the U.S. 5th Circuit Court of Appeals denied his appeal
for a 4th trial.

"We have the Supreme Court, it should go back to state of Texas and set
back to execution day," Powell said.

"When I was notified this morning of the decision, I wasn't surprised but
definitely relieved," said Bruce Mills, Ablanedo's patrol partner.

Mills says the pain never really goes away.

"Not only for me but for any family member or even close friends certainly
it's hard it's always hard and I'm not sure it's going to get easier
because this is going to bring closure to it. This is a friend this is a
loved one," said Mills.

David Lee Powell has been on death row since 1978. Only 5 other inmates
have been there longer. The court's decision now clears the way for Powell
to be executed.

"It's very upsetting. He should have been executed a long time ago. We've
been through 3 capital murder trials; they've all found him guilty and
gave him the death penalty," said Ablanedo.

No execution date has been set for Powell.

(source: KVUE News)

Killer moves closer to execution


A former high school valedictorian and University of Texas honors student sent to death row 3 times for the fatal shooting of an Austin police officer 30 years ago will not get a fourth trial, a federal appeals court has ruled.

The 5th U.S. Circuit Court of Appeals has upheld the conviction and death sentence of David Lee Powell, 57, moving him closer to execution for the slaying of Austin officer Ralph Ablanedo with an automatic assault weapon.

Powell arrived on death row in October 1978, a month after his conviction. His most recent trial -- his third -- was in 1999.

In April, the New Orleans-based 5th Circuit Court agreed Powell could consider three appeal claims, then held a hearing last month.

In its ruling posted late Wednesday, the court upheld a lower court ruling rejecting the claims.

Attorneys for Powell contended his third trial should have been a full trial rather than just a new punishment trial.

They said his rights to due process were violated because prosecutors didn't disclose in a timely manner documents that showed Powell's girlfriend may have fired the shots at the slain officer.

(source: Associated Press)