The U.S. 5th Circuit Court of Appeals confirmed the death sentence of Brittany Holberg, a Texas inmate, in a divided ruling on Friday, reversing a decision from the previous year. The court’s stance reflects a split among its judges regarding the case’s details.
Holberg was found guilty of capital murder in 1998 by a jury in Amarillo for the brutal robbery of 80-year-old A.B. Towery in his home. Court documents reveal that Holberg stabbed Towery 58 times and forcefully inserted an 11-inch piece of lamp post into his throat while he was still alive. Holberg, who had a history as a sex worker, claimed her actions were in self-defense after Towery attacked her for using drugs in his residence.
During the trial, Holberg’s cellmate, Vickie Kirkpatrick, testified that Holberg expressed enjoyment over the murder and provided a graphic account of the events. However, Holberg’s appeal pointed out that the prosecution did not disclose that Kirkpatrick was a paid informant for the police, raising questions about the reliability of her testimony. This issue led a three-judge panel on the Fifth Circuit to overturn Holberg’s conviction in 2025.
In the ruling issued on Friday, the court’s 18 judges issued six differing opinions, evenly divided on the relevance of Kirkpatrick’s testimony and Holberg’s right to challenge its validity. The majority opinion cast doubt on whether Kirkpatrick’s testimony was the decisive factor in the jury’s decision to impose the death penalty.
The majority opinion also suggested that Holberg’s legal team was aware of Kirkpatrick’s informant status but chose not to challenge her credibility during the trial, fearing that this might lead to evidence that could undermine Holberg’s defense. Judge Andrew S. Oldham remarked, “While the State’s evidence regarding Holberg’s intent included circumstantial elements, this does not imply that questioning Kirkpatrick’s status would likely result in a different verdict.”
In contrast, dissenting opinions expressed concern that the jury was not informed about Kirkpatrick’s role as an informant, highlighting that she had several charges dismissed shortly after her police statement regarding Holberg. Judge Stephen A. Higginson emphasized, “I perceive the significance of the prosecution’s undisclosed information throughout this trial. It repeatedly hindered Holberg’s defense.”
Holberg retains the option to appeal this ruling to the Supreme Court, although it remains uncertain whether the court will choose to hear the case.
Currently, Holberg is one of seven women on death row in Texas, where no woman has ever been exonerated after being sentenced to death. Texas has a long-standing record as the leading state for executions, marking its 600th execution in the modern era in May.
Four executions are scheduled in Texas by the end of 2026, with the next two set for mid-September. These executions pertain to LeJames Norman and Ramey Ker’sean Olajuwa, both sentenced to death for a fatal robbery in Jackson County.
The Texas Tribune Festival, themed “bold ideas, real accountability, on the record,” will take place from September 24 to 26 in downtown Austin, offering an opportunity for attendees to engage with transformative ideas and discussions.
