Texas Court Vacates Brittany Holberg’s Death Row Conviction After 27 Years

A federal appeals court found that prosecutors withheld critical evidence about a paid informant, violating Holberg’s right to a fair trial.

The Fifth Circuit Court of Appeals ruled 2-1 to vacate Brittany Holberg's 1998 conviction and death sentence, citing prosecutorial misconduct.
Prosecutors failed to disclose that a key witness, Vickie Kirkpatrick, was a paid informant for the Amarillo Police Department during Holberg’s trial.
Kirkpatrick, who testified that Holberg confessed to the murder, recanted her testimony in 2011, claiming she was coached by prosecutors.
Holberg, convicted for the 1996 killing of 80-year-old A.B. Towery Sr., has consistently maintained that she acted in self-defense during a violent altercation.
The case has been remanded to a Texas district court, where the Randall County District Attorney must decide whether to retry Holberg or drop the charges.