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Federal Court of Federal Appeals for the Condemn for the Death of the Woman of Yellow

Federal Court of Federal Appeals for the Condemn for the Death of the Woman of Yellow

Yellow, Texas (Kfda) – A Federal Court of Appeals has reversed the death sentence of a yellow woman After discovering that local prosecutors had not revealed that their testimony of the main trial was a paid informant.

Brittany Marlowe Holberg He was sentenced in 1998 for stealing and killing Abowery, 80, at his house in Amarillo.

Last week, the Court of Appeals of the 5th United States Circuit sent the conviction of Holberg to the Court of First Instance to decide how to proceed.

Holberg has been in the death corridor for 27 years. Randall County prosecutors were largely based on the testimony of a prison inmate, Vickie Marie Kirkpatrick, who worked as a confidential informant for the city of the city of Amarillo.

Kirkpatrick retracted his testimony in 2011, but neither a TEXAS Criminal Appeals Court nor a Federal District Court determined that prosecutors had violated Holberg’s constitutional right to a fair trial.

Judicial documents indicate That the Court of Appeals did not agree to say that Kirkpatrick was fundamental for the determination of the jury’s guilt and that the Prosecutor’s Office violated the rights of due process of Holberg by hiding the information that, according to a bankrupt of the Supreme Court of the United States, they must be revealed.

Judge Patrick E. Higginbotham launched the case of Holberg as a plague about the criminal justice system.

Holberg was sentenced to death by a yellow jury when he was only 23 years old.

The jury found his guilt of killing Towery, who was accused of being a Holberg client, a sex worker.

During the trial, Holberg said he acted in self -defense and stabbed Towey because he feared for his life and tried to protect himself after he hit her on the back of the head and refused to give in.

However, the Prosecutor’s Office presented a testimony of Kirkpatrick, who said Holberg had admitted to killing Towery “to get money” and said that “he would do it again for more drugs.”

Kirkpatrick was working at that time as a confidential informant for the city of the Yellow Police, a fact that prosecutors did not reveal. Instead, they presented Kirkpatrick as a “selfless person who” wanted to do the right thing, “Higginbotham wrote.

According to judicial documents, Holberg had experienced severe and repeated sexual abuse during his childhood and fell into a cocaine addiction. She turned to sex work to support her addiction.

On November 13, 1996, he had a minor traffic accident and then sought refuge in Towery’s apartment. A heated argument became violent, leaving Towery dead with part of a lamp hosted inside his throat. Holberg left the apartment cut, bruised and bleeding from his head, where Towery hit her.

Judge Stuart Kyle Duncan, appointed by Donald Trump, wrote that the jury did not only trust Kirkpatrick’s testimony to reach his guilt decision.

“The jury was presented by a graphic physical evidence that Holberg sisterly sorted to a sick old man, with a lamp hit by his throat like the coup d’etat,” Duncan wrote. “That evidence condemned Holberg’s self -defense theory and there is no possibility that Kirkpatrick’s accusation would have risen.”

The Randall County District Prosecutor, Robert Love, who was the district assistant prosecutor when Holberg’s case was first prosecuted, he said in a statement sent by email that was “disappointed” by the 5th circuit ruling. “They are currently discussing the available legal options,” said Love.

Currently, Holberg is located in the Patrick L. O’Daniel unit, a Gatesville prison that houses women in the death corridor, among other inmates.

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