State requests to come back in the death cell after the amarillo woman's murder conviction

Amarillo, Texas (KVII) – The General Prosecutor's office in Texas applied for a repetition after the murder conviction of an Amarillo woman in the death cell had been lifted.

The state submitted the application on Thursday in the Brittany Holberg case.

In March, the US 5 Circuit Court of Appeals decided that the prosecutors from Randall County could not show that their primary witness of a process was a paid informant.

Holberg has been in the death cell for 27 years. When securing their conviction in 1998, the prosecutors relyed heavily on statements from an inmate of the prison that worked as a confidential informant of the Amarillo police department. This informant promoted her testimony in 2011, but neither a Texan Court of Justice or a Federal District Court found that the prosecutors had violated Holberg's constitutional law on fair proceedings.

The Court of Appeal did not agree and said that the informant was of crucial importance for the jury's guilt determination and that the public prosecutor's office violated proper procedural rights by hiding information that, according to a landmark of the Supreme Court of the U.S. Obersten Court, must be revealed. Judge Patrick E. Higginbotham, who was written for the majority for the majority, put Holberg's case on the criminal justice system as a lazy.

Relatives: Randall Co. because 'disappointed' with the decision of the Court of Appeal

Holberg was sentenced to death by an Amarillo jury at the age of 23. The jury was guilty of murdering from Towery, an 80-year-old man and former customer of Holberg, a sex worker. During the court proceedings, Holberg claimed that she acted in self -defense and stabbed tower errors because she feared for her life and wanted to protect herself after he hit her back and refused.

However, the public prosecutor made statements from Holberg's prison Mate Vickie Marie Kirkpatrick, who claimed that Holberg had admitted to “getting money” to get money “and said” she would do everything for more drugs again “.

At that time, Kirkpatrick worked as a confidential informant for APD, a fact that prosecutors did not disclose. Instead, they presented Kirkpatrick as an “uninterested person who wanted to do the right thing,” wrote Higginbotham.

During his time in prison, the district's public prosecutor's office in Randall turned to several occupants to ask them to Holberg and offer them a deal in exchange for certificates. Kirkpatrick, which was placed in the same cell as Holberg, gave a statement in which a suspected approval of Holberg was described. On the same day, Kirkpatrick was released on Bond.

The district prosecutor of Randall, Robert Love, who was deputy district prosecutor, when Holberg's case was persecuted for the first time, said in March that he was “disappointed” by the decision of the 5th Circuder.