MICHAEL GRACZYK
Associated Press Writer

July 18, 2008 

HOUSTON — A former high school valedictorian and University of Texas honors student sent to death row three 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 Albanedo with an automatic assault weapon.

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 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.

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