HOUSTON (AP) — The Texas Court of Criminal Appeals has refused to allow DNA tests sought by a woman on death row for the 1996 robbery and slaying of an 80-year-old Amarillo man at his apartment.
Brittany Holberg argued DNA test results of the wallet of victim A.B. Towery could help her prove her innocence.
The appeals court Wednesday says DNA testing wouldn't negate evidence she stole the victim's prescription medications and absolve her of capital murder.
Holberg, now 41 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.
She doesn't yet have an execution date.