Fifth Circuit Upholds Death Sentence for Texas Inmate Brittany Holberg
The U.S. 5th Circuit Court of Appeals affirmed Brittany Holberg’s death penalty in a split decision, overturning a prior reversal.
In a divided ruling, the U.S. 5th Circuit Court of Appeals reinstated the death sentence of Brittany Holberg, a Texas inmate convicted of capital murder for the 1998 robbery and killing of 80-year-old A.B. Towery in his Amarillo home. Holberg, a former sex worker, claimed self-defense, but a cellmate, Vickie Kirkpatrick, testified that Holberg expressed enjoyment in the murder; Kirkpatrick’s role as a paid police informant was not revealed to the jury.
The appellate panel, split evenly, debated the material impact of that nondisclosure, with the majority concluding other evidence made the death penalty inevitable. Concurring judges noted Holberg’s lawyers were aware of the informant status yet chose not to challenge it. Dissenters argued the secrecy crippled her defense throughout the trial. The decision restores the original sentence, though Holberg retains the option to petition the Supreme Court.
Why it matters
The ruling highlights ongoing legal battles over death-penalty cases and the disclosure of informant testimony.
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