Federal appeals court decision could send 1998 capital murder case back to Randall County

AMARILLO, Texas (KFDA) - All 17 judges of a United States appellate court were present for a hearing yesterday to hear information that will help them decide the next step for an Amarillo woman convicted of capital murder in 1998.

The U.S. Court of Appeals for the Fifth Circuit reversed and vacated the conviction of Brittany Marlowe Holberg in March 2025.

Holberg was found guilty of killing an elderly man in November 1996. A Randall County jury sentenced her to death in March 1998.

Her appeals have tumbled through legal proceedings since her conviction.

The 2025 decision to reverse and vacate also ordered the case be remanded—or returned—to Randall County district court for a rehearing.

This meant Holberg’s death sentence was set aside by the Fifth Circuit and would go back to a Randall County district court for resentencing under guidance from the higher court.

But in July 2025, the same higher court agreed to put aside the reversal and rehear the case en banc. This hearing happened yesterday in New Orleans.

In en banc hearings, all active judges of a court will participate. It is usually only done when there is an important case to decide.

The decision that reversed and vacated Holberg’s death sentence last year was based on a finding that the State “failed to disclose [] evidence that its critical trial witness was a paid informant.”

The witness in question, Vicki Kirkpatrick, was placed in the same cell as Holberg. She testified that she heard Holberg talk about killing her victim in a boastful manner.

The testimony from Kirkpatrick conflicted with the claim of self-defense presented by Holberg’s attorneys.

The decision from the 5th Circuit in March 2025 opined that Kirkpatrick’s testimony influenced the jury in their decision to sentence her to death.

At the same time, neither Holberg’s defense team nor the jury knew that Kirkpatrick was a paid informant. The presumption is that if the court had known this, they would not have sentenced her to death.

The State’s counterargument to this is that Kirkpatrick’s testimony was not what led the jurors to give a death sentence. Instead, they say it was the medical examiner’s report, the crime scene investigator’s testimonies, and the evidence itself that brought about the sentence.

In the memorandum opinion from the Northern District of Texas’ decision on Holberg’s appeal, published in 2021, the testimony of the victim’s son is cited as evidence:

“On the morning of November 14, 1996, A.B. Towery, Jr. (“Towery, Jr.”), traveled to the Princess Apartments to check on his father Towery because Towery was not answering the telephone. Towery, Jr., found his father’s body on the floor with a lamp protruding from his mouth and a paring knife in his abdomen. Towery’s pants pockets were inside out, and his billfold, which contained $1 in cash, lay open on his body."

An autopsy showed that the victim suffered 58 sharp-force injuries to his head, face, and body. Additionally, the report noted he had a chipped skull and a “pulverized” nose.

Holberg forced a lamp down her victim’s throat while he was still alive, nicking his carotid artery in the process, according to the memorandum.

In yesterday’s hearing, each side was given 30 minutes to argue their case. The 17 justices also asked the sides questions that would help them in making their decision.

The opinion of the Fifth Circuit will be published at a later date.

If the appeal is ruled in favor of Holberg, her case will return to Randall County district court for further proceedings.