News / FJP Releases

October 15, 2025 (Washington, D.C.) — Fair and Just Prosecution (FJP), alongside former prosecutors, filed an amicus brief in the capital case of Holberg v. Guerrero, urging the U.S. Court of Appeals for the Fifth Circuit to reverse the District Court’s denial of Brittany Holberg’s petition for habeas corpus relief.

FJP’s brief underscores that prosecutors have a constitutional and ethical duty under Brady v. Maryland to disclose all evidence favorable to the accused, including information that can be used to challenge a witness’s credibility. In Holberg’s case, the prosecution suppressed critical impeachment evidence about key witness Vickie Kirkpatrick’s status as a paid jailhouse informant and the benefits she received for testifying. Kirkpatrick’s testimony claimed that Ms. Holberg confessed to the crime, directly contradicting Ms. Holberg’s claim of self-defense. Ms. Holberg was entitled to cross-examine Kirkpatrick to uncover her motivation and bias, and without that opportunity, jurors were denied the ability to properly weigh Kirkpatrick’s credibility in providing this material evidence. 

 “Jailhouse informant testimony is among the most unreliable forms of evidence in our criminal justice system and has contributed to countless wrongful convictions, including death sentences,” said FJP Executive Director Aramis Ayala. “When prosecutors conceal deals they offer witnesses in exchange for their testimony or informant histories, they not only violate the Constitution, they erode public trust in the justice system. Accountability, transparency, and adherence to Brady are essential to maintaining faith in the rule of law and the fundamental fairness of the criminal justice system.”

Confession testimony, particularly from incentivized jailhouse informants, is among the most persuasive but unreliable forms of evidence in criminal trials. Nationwide, wrongful conviction data confirm its risks: jailhouse informants have been involved in nearly half of exonerations in death penalty cases. Courts and legislatures across the country, including in Texas, have enacted safeguards to address these dangers, requiring corroboration, disclosure of informant benefits, and judicial reliability screenings.

Prosecutors hold extraordinary power, and with that power comes an obligation to pursue justice, not simply secure convictions. The justice system and public safety suffer when prosecutors fail to disclose material evidence or when courts excuse those violations. When communities lose trust in the fairness of the legal system, research shows they are less likely to cooperate with law enforcement, serve as witnesses, or participate in the justice process, making everyone less safe. The Fifth Circuit should make clear that Brady requires prosecutors to disclose to the defense all favorable evidence, and that convictions tainted by concealing Brady evidence cannot stand.

Read the amicus brief here.