Texas Parole Board Declines to Commute Powell's Sentence

Members of the Texas Board of Pardons and Parole unanimously voted today against commuting the death sentence of David Lee Powell (pictured), who fatally shot an Austin police officer 32 years ago.

Powell's scheduled execution by lethal injection is set for Tuesday in Huntsville.

Powell is among the state longest-serving death row inmates; the state has never executed an inmate who has served so long behind bars.

Powell, 59, was convicted and sentenced to death in the May 18, 1978 death of Police Officer Ralph Ablanedo during a traffic stop in South Austin. Ablanedo was shot 10 times with an AK-47.

Powell's supporters have said that in his time behind bars, he has counseled fellow inmates and helped others learn to read.

This week, Powell's attorneys filed an application for a writ of habeas corpus to state District Judge Mike Lynch and the Texas Court of Criminal Appeals, saying that jurors inaccurately predicted his future dangerousness. Lynch has said that he will let the Court of Criminal Appeals rule. That court has not yet made a decision.

The recommendation of the board of pardons and parole now goes to Texas Gov. Rick Perry, who can accept it or grant a 1-time 30-day reprieve.

Crime and punishment: After 32 years, has Powell's execution lost its meaning?

More on David Lee Powell here.

Source: Austin American-Statesman, June 11, 2010