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February 14, 2012

Holsey asks appeals court for new trial

From staff reports The Union-Recorder

MILLEDGEVILLE — An attorney specializing in capital appeals for death row clients asked a United States Court of Appeals for a new trial Monday for convicted murderer Robert Wayne Holsey.

Holsey was convicted in 1997 for the December 1995 murder or Baldwin County Sheriff's Deputy William Edward Robinson IV. A jury sentenced him to death.

Ocmulgee Judicial Circuit District Attorney Fred Bright, assistant D.A. Stephen Bradley, investigator Randy Ellis and Baldwin County Sheriff Bill Massee attended the hearing at the 11th Circuit U.S. Court of Appeals in Atlanta. Robinson's family was also in attendance.

In the hour-long hearing, Bright said attorney Brian Kammer argued that attorneys representing Holsey during his original trial did not properly represent their client.

Attorneys presented their cases before a three-judge panel of the court. They will issue a written ruling in the coming months.

Around 1:30 a.m. Dec. 17, 1995, Holsey robbed an Irwinton Road convenience store, leaving the scene in a red Ford Probe. After spotting the getaway car, Robinson stopped the vehicle at an Irwinton Road motel. Robinson approached the vehicle and Holsey opened fire. Robinson was shot twice, but was able to fire several shots at Holsey. Robinson was shot in the arm and received a fatal wound to the back of the head.

Holsey was arrested a short time later at his sister's home.

At trial, Holsey was connected to the armed robbery through his clothing, then to the slaying of the deputy through blood on his shoe.

Holsey's trial, held in Morgan County, resulted in a guilty verdict for Robinson's murder issued Feb. 13, 1997 and a death penalty conviction issued two days later.

In 2006, Superior Court Judge Neal Dickert ruled in Holsey's favor granting him a writ of habeas corpus. Dickert cited ineffective assistance of counsel but the Georgia Supreme Court overturned that ruling and re-instated the death penalty the following year.

After arguing a federal habeas case before the US Court of Appeals, if a ruling is upheld, a defendant's next and final venue is the United States Supreme Court.

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