Court Denies Death Row Appeal Based on FAS History

A woman who murdered a retired Louisiana minister had her death-row appeal rejected by the U.S. Supreme Court, which ruled against Brandy Holmes’ contention that her debilitation caused by fetal alcohol syndrome (FAS) should have been considered during her sentencing.

CNN reported Oct. 5 that the high court turned down the appeal without comment. Holmes’ lawyers had argued that their client’s FAS background should have kept her from facing capital punishment, saying she had the mental functioning of a 10- to 12-year-old.

The appeal was supported by the National Organization on Fetal Alcohol Syndrome (NOFAS). “Brandy has a hallmark case of FAS,” said NOFAS President Tom Donaldson. “Her mother testified that she drank throughout her pregnancy, and in fact named her daughter after her favorite drink. Brandy’s capacity to appreciate the criminality of her actions or to conform to the law is very seriously impaired.”

Holmes and a male codefendant were convicted of murdering Julian Brandon in 2003.