Woman on Texas death row for 27 years has conviction tossed

Key Takeaways:

• Holberg’s death sentence was overturned after 27 years on death row.
• Prosecutors did not reveal that their key witness was a paid informant.
• The violation of the Brady doctrine was central to the court’s decision.
• Judge Higginbotham criticized the state’s prosecution failures.
• The case exposes flaws in Texas’s capital punishment system.

A Legal Reversal After Decades on Death Row

A federal appeals court has overturned the death sentence of Brittany Holberg, who has spent 27 years on Texas’s death row. The U.S. 5th Circuit Court of Appeals ruled in a 2-1 decision that prosecutors violated Holberg’s constitutional rights by failing to disclose that their primary trial witness was a paid informant.

Background of the Case

In 1998, Holberg was convicted and sentenced to death by an Amarillo jury at the age of 23. She was found guilty of murdering 80-year-old A.B. Towery, a former client from her work in sex trade. Holberg claimed self-defense, stating that she acted to protect herself after Towery struck her and refused to relent during a heated argument.

Prosecutorial Misconduct and the Brady Doctrine

The prosecution’s case heavily relied on testimony from Holberg’s jail cellmate, Vickie Marie Kirkpatrick, who alleged that Holberg admitted to killing Towery to obtain money and said she “would do it all over again for more drugs.” Crucially, prosecutors failed to disclose that Kirkpatrick was a confidential informant for the City of Amarillo police—a violation of the Brady doctrine, which mandates the disclosure of exculpatory evidence.

Writing for the majority, Judge Patrick E. Higginbotham criticized the prosecution’s actions: “Ms. Holberg’s 27 years on death row is a showcase of the State’s failure to abide by a core structure of prosecution: the Brady doctrine.”

Dissenting Opinion

In his dissent, Circuit Judge Stuart Kyle Duncan argued that the jury’s decision was supported by substantial physical evidence independent of Kirkpatrick’s testimony. He stated, “There is no chance that impeaching Kirkpatrick would have resurrected [Holberg’s self-defense theory].”

Holberg’s Personal History

Holberg’s life prior to the incident was marred by severe and repeated sexual abuse during childhood, leading to a crack cocaine addiction. She turned to sex work to support her addiction. On the day of Towery’s death, Holberg sought refuge in his apartment after a minor traffic accident, where the confrontation occurred.

Implications for the Justice System

The court’s decision casts a spotlight on issues of prosecutorial misconduct and the integrity of capital cases in Texas. Judge Higginbotham noted the lengthy duration of Holberg’s incarceration on death row as a “stark reminder that the jurisprudence of capital punishment remains a work in progress.”

Texas leads the nation in executions and is among the top states imposing death sentences. However, the state’s use of capital punishment has waned, with the number of inmates on death row dropping by more than half over the past 25 years. Currently, there are 174 people on Texas’s death row, including seven women.

Current Status and Next Steps

The case has been remanded to the trial court to determine the next proceedings. Randall County District Attorney Robert Love expressed disappointment in the ruling but declined further comment, pending decisions by the Texas Office of the Attorney General. Holberg remains incarcerated at the Patrick L. O’Daniel Unit in Gatesville, a prison that houses female death row inmates.

Holberg’s case underscores the ongoing challenges within the justice system regarding fair trials and the ethical obligations of prosecutors, particularly in capital punishment cases.