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Texas Death Row Inmate Brittany Holberg: Conviction Overturned Due to Prosecutorial Misconduct

By James Seidel | CC News Network

AMARILLO, TX — In a stunning legal reversal, the U.S. Court of Appeals for the Fifth Circuit has vacated the conviction and death sentence of Brittany Holberg, a Texas woman who has spent the last 27 years on death row for the brutal 1996 murder of an elderly man.

Holberg, convicted in 1998 for stabbing 80-year-old A.B. Towery Sr. to death during an alleged robbery, has long maintained that her trial was tainted by prosecutorial misconduct. In a ruling filed on March 7, 2025, the federal appellate court found that Texas prosecutors failed to disclose critical evidence—including the fact that a key witness against Holberg was a paid police informant, in direct violation of her due process rights under Brady v. Maryland (1963).

Texas Death Row Inmate Brittany Holberg: Conviction Overturned

The Case That Led to Death Row

Holberg was 23 years old when she was arrested for Towery’s murder in Amarillo, Texas. Prosecutors alleged that she stabbed the elderly man over 50 times and struck him with household objects, including a lamp and a frying pan, in what they described as a vicious attack fueled by drug addiction.

At trial, the state’s case relied heavily on the testimony of a jailhouse informant, who claimed that Holberg confessed to the killing while in custody. The prosecution portrayed Holberg as a drug-dependent prostitute who targeted Towery for money and showed no remorse for her actions.

The jury took just hours to convict her of capital murder, sentencing her to death.

Why the Conviction Was Overturned

Holberg’s appellate attorneys uncovered major due process violations that ultimately led to her conviction being thrown out. The Fifth Circuit ruled that the State of Texas knowingly withheld exculpatory evidence—a direct violation of Brady v. Maryland, which requires prosecutors to turn over any information favorable to the defense.

According to court documents, the prosecution failed to disclose that their star witness—an inmate who testified that Holberg had confessed—was actually a paid police informant. This witness had been cooperating with law enforcement for months before the trial, a fact that, if disclosed, could have significantly undermined their credibility.

In its unanimous decision, the court wrote:

“The failure to disclose impeachment evidence regarding the prosecution’s key witness constitutes a grave violation of due process. This court finds that the integrity of the conviction was compromised, and as a result, we REVERSE and VACATE Holberg’s conviction and sentence.”

A Pattern of High-Profile Cases Being Tossed

Holberg’s case is just the latest in a series of high-profile legal reversals, raising serious concerns about prosecutorial misconduct and judicial oversight.

In the past year alone, multiple major convictions have been overturned, including:

Alec Baldwin’s Trial Thrown Out – The case against Baldwin for involuntary manslaughter in the fatal Rust shooting was dismissed after prosecutors failed to properly disclose key evidence and mishandled forensic reports.
Russell Laffitte’s Federal Conviction Overturned – The former South Carolina banker, who was convicted for his role in financial crimes linked to the Alex Murdaugh scandal, had his conviction tossed due to judicial errors and improper jury instructions.
December 2023: An Ohio court overturned multiple convictions after finding that prosecutors withheld exculpatory evidence.
February 2025: The New Mexico Supreme Court threw out a murder conviction after the prosecution used prejudicial language, referring to the defendant as a “witch” in court.

Legal experts argue that Holberg’s case is part of a troubling trend where prosecutors prioritize securing convictions over ensuring justice.

When the State Newspaper interviewed South Carolina Attorney General Alan Wilson about the jury system, which the newspaper referred to the jury system as the basis of Wilson’s career, “All I could think was the 1950’s Soviet moniker, show me the man, and I’ll show you the crime,” Wilson stated. With the fate of Alex Murdaugh‘s conviction heading to the South Carolina Supreme Court, Attorney General Wilson may be in the same decision-making spot that the state of Texas is now in with Holberg’s conviction overturned.

The real question is, will Jim Griffin and Dick Harpootlian wear T-shirts with the saying, “Show me the man, and I’ll show you the crime,” under their suit jackets at the Supreme Court hearing?

What Happens Next?

With her conviction vacated, Brittany Holberg’s legal status remains uncertain. The State of Texas could retry her case, negotiate a plea deal, or even drop the charges entirely if the evidence is deemed too weak for a new trial.

For now, Holberg remains in custody, awaiting a potential decision from the Texas Attorney General’s Office on whether to pursue a new trial or release her.

Meanwhile, advocates for criminal justice reform see her case as yet another example of why prosecutorial accountability must be enforced to prevent wrongful convictions from destroying lives.

Stay Updated with CC News Network

CC News Network will continue to follow developments in Brittany Holberg’s case and provide updates on similar wrongful conviction reversals across the country.