Court refuses appeal from Texas woman on death row

December 7, 2011 10:07:06 AM PST
The Texas Court of Criminal Appeals has refused an appeal from a woman on death row for the 1996 robbery and slaying of an 80-year-old Amarillo man at his apartment.

Brittany Holberg argued tests inside the wallet of victim A.B. Towery would show the absence of blood and fingerprints and tend to prove she was innocent of robbery and burglary, meaning she couldn't be charged with capital murder.

The appeals court Wednesday said no constitutional or legal provisions allowed her appeal.

Holberg, now 38 and identified in court documents as a prostitute, met Towery leaving a grocery store, got inside his place by asking to use his phone and then demanded money. Towery was hit with a hammer, stabbed 58 times and had a lamp pole jammed down his throat.