A Lowndes County man is waiting in prison for a ruling on a motion to be released on bond until his new trial in connection with his wife’s death.
Brian Holliman spent Christmas behind bars, defense attorney Steve Farese said, because the state attorney general’s office appealed the defense motion for release.
Farese said he thinks the state’s motion was purely punitive because the state court voted 9-0 to overturn the conviction. “I was disappointed,” he said.
Farese asked for Holliman’s $200,000 bond to be reinstated until the new trial. The state filed its appeal on the last day possible, right before Christmas.
Farese said he expects a ruling “fairly soon” but declined to predict it could come this week.
Holliman, 30, was convicted of murder in December 2009 of the Oct. 25, 2008, shotgun shooting death of his wife at their Caledonia home at 770 Wolfe Road. He was sentenced to life in prison.
His wife, Laura-Lee Godfrey-Holliman, was 24 when she was killed.
The state Supreme Court overturned the conviction earlier this month and sent the case back to Lowndes County for trial, citing misconduct from District Attorney Forrest Allgood.
The high court based its decision on the Golden Rule argument, which asks jurors to put themselves in the place of one of the parties in a trial, which is prohibited. Justices referred to a court transcript excerpt in which Allgood asked jurors four times how they would feel with a gun pointed in their faces. Sixteenth Circuit Court Judge Lee Howard presided over the case and allowed the line of commentary, despite repeated objections from the defense.
Holliman’s bond initially was set at $1 million in Lowndes County Justice Court; he was later released on a $200,000 bond set by Howard.
Brian and Laura Holliman had three children between them, one daughter together.
Holliman is being held at the Marshall County Correctional Facility in Holly Springs, according to the Mississippi Department of Corrections website.
Allgood was out of the office this morning and not available for comment, a spokeswoman in his office said.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 37 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.