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Testimony Begins in Holberg Evidentiary Hearing

Private investigator Kathy Garrison Testified all day Tuesday about her role in investigating mitigating evidence in Holberg murder trial.
CANYON -- Testimony begins in the evidentiary hearing of convicted killer Brittany Holberg.

        It's a hearing that could last longer than the original criminal trial.

        Holberg is seeking a new trial based on the claim of ineffective representation during her 1998 capital murder trial.  She is currently on death row for the 1996 murder and robbery of A.B. Towery, Sr., 80.

        The day started with the state and defense arguing over what can and cannot be entered into evidence.

        The state argued the Texas Court of Criminal Appeals has a very narrow scope on this hearing and that new evidence is not a part of it.  The judge agreed.
  
        Meanwhile, the first witness called was private investigator Kathy Garrison.

        Defense attorneys called into question her credentials to be an investigator, noting that her education degree did not include training in investigating capital murder cases.

        Garrison is one of four witnesses from the original defense team expected to testify during the hearing.

        Holberg's lawyers are trying to prove they did not provide adequate representation in the '98 trial.

        Defense attorney seldon hale says the evidentiary hearing could last up to ten days.

        The original trial lasted only nine days from opening arguments to guilty verdict.

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