A woman who spent over 25 years on death row just had her conviction thrown out in a huge twist.
Brittany Marlow Holberg, from Texas, got the death penalty back in 1996 for killing A.B. Towery, a retired man, in Amarillo. For 27 years, she sat on death row—until now.
RELATED STORIES
Holberg allegedly killed an elderly man with brutal force
Back then, Holberg was 23 and reportedly doing sex work to support a crack habit. Things took a turn when she got into a fight with Towery, one of her clients, at his place.
The 80-year-old was later found dead, stabbed 58 times with different household items. Court records also mentioned that part of a lamp had been forced down his throat.
She later claimed she acted in self-defense
Now 52, Holberg has always insisted she only killed Towery to protect herself, saying he attacked her first.
The 52-year-old was convicted of capital murder two years after the crime
But two years after Towery’s death, Holberg was found guilty of capital murder, with the court saying she killed him while trying to rob him.
At trial, prosecutors brought in Holberg’s cellmate for a shocking revelation
Vickie Marie Kirkpatrick, Holberg’s cellmate, claimed Holberg admitted to killing Towery for money.
But Holberg denied ever talking to Kirkpatrick about the murder, but the prosecution leaned on her testimony, painting Holberg as a drug addict who “showed absolutely no remorse.”
Prosecutors failed to disclose that the informant was secretly paid
Turns out, Randall County prosecutors never told Holberg, her lawyers, or the jury that Kirkpatrick was actually an informant. A federal appeals court later ruled that this messed with Holberg’s right to a fair trial.
The court ruled the state violated the Brady Doctrine
The court pointed to the Brady Doctrine, which says prosecutors have to share any key info with the defense.
In a ruling released Friday the 14th, Judge Patrick E. Higginbotham said Amarillo police knew Kirkpatrick was a confidential informant—but that fact was kept hidden during the trial, according to NBC News.
A judge dismissed Holberg’s self-defense claim as ‘laughable’
Randall County District Attorney James Farron told KFDA that while they did use Kirkpatrick’s testimony, it “was not critical to our case.”
“It was just one more piece of information,” he said, adding that he believes Holberg is capable of being “a vicious, violent person” if something stands between her and what she wants.
A judge called the case a stark reminder of flaws in capital punishment
Still, Judge Higginbotham called the case a “stark reminder” that the death penalty system is still a “work in progress,” according to The Mirror.
“We pause only to acknowledge that 27 years on death row is a reality dimming the light that ought to attend proceedings where a life is at stake,” he said, adding that Holberg’s case highlights how the system failed to follow a basic rule of prosecution—the Brady Doctrine.
