New appeal for illegal immigrant who killed Huntsville officer - WAFF-TV: News, Weather and Sports for Huntsville, AL

New appeal for illegal immigrant who killed Huntsville officer

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Benito Albarran is appealing his capital murder conviction. Benito Albarran is appealing his capital murder conviction.
Benito Albarran shot and killed Huntsville Police Officer Daniel Golden Benito Albarran shot and killed Huntsville Police Officer Daniel Golden
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.

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