Packet #801 - November 13, 2008Judge Phillips Refuses
to Lower Brian
Holliman's Bond
Hearing reveals new
details about case
LCADC Transport Officer Mary Huggins follows murder suspect
Brian Holliman into the Justice Court Building yesterday morning.
At Brian Holliman's preliminary hearing
yesterday on a charge of murdering his
wife, Laura Lee Holliman, Justice Court
Judge Peggy Phillips refused to lower his
bail from the $1 million set by Judge
Phillip Owen Robertson, who died last
Sunday. After hearing evidence in the case
against Brian Holliman, Judge Phillips also
bound him over to the next grand jury on
the murder charge.
The request to lower the bail was made
by Holliman's attorney, Steve Farese of
Ashland, at the 9:00 a.m. hearing in the
Justice Court Building. Holliman, who has
been in jail since last week, was transported
from the jail to the Justice Court
Building for the hearing.
Laura Lee Holliman was killed on
October 25 and Brian Holliman was arrested
for the murder on October 28 (his wife's
death was initially ruled suicide). It was on
October 30 that Judge Robertson set Brian
Holliman's bond at $1 million at his initial
appearance.
Laura Lee Holliman
After Judge Robertson set the $1 million
bond Sheriff Butch Howard allowed
Holliman to leave jail on a signature bond.
Howard said later that Holliman's family
would be good for the $1 million if
Holliman did not show up for court appearances.
After an outcry by Laura Lee
Holliman's relatives, Howard revoked the
signature bond and
had Brian Holliman
rearrested and held
in lieu of the $1
million bond.
Howard said later
that he had not
examined the facts
of the case before
letting Brian
Holliman go free.
He said that he had
planned to go to the
courthouse and check property records to
make sure that the Holliman family had
enough property to guarantee the bond.
(The last Packet reported that Sheriff
Howard said that justice court judges had
never imposed a $1 million bond before,
but Judge Phillips said after yesterday's
hearing that there have been million-dollar
bonds here in murder cases.)
Yesterday Judge Phillips said that Brian
Holliman could either put up $1 million in
cash or put up 10% of that amount
($100,000) and pledge property for the balance
(she said later that this would require
delivering deeds and
legal documents) or be
bonded out by a
bail/bondsman. A
bail/bondsman would
require a $100,000 fee,
which Holliman would
not recover even if he
appeared as ordered. If
he were to put up
$100,000 of his own
money and pledge
property for the balance
he would get the
$100,000 back if he
showed up for court
appearances; likewise,
he would get the $1
million back if he
appeared as ordered.
Holliman remained
in jail at press time last
night.
Defense attorney Steve Farese (right) talks to Brian
Holliman's parents, Doug & Sarah Holliman, after the
hearing. Private investigator Terry Cox is on the left.
The state was represented
at yesterday's
hearing by veteran
Oktibbeha County
Prosecutor Roy
Carpenter. Farese was
accompanied by his
private investigator,
Terry Cox of
Booneville, and he
also had a private stenographer
making a
record of the hearing.
The first part of
yesterday's hearing
involved the bond.
Brian Holliman was
not present at this part
of the hearing. Farese said that Holliman's
bond was initially set at $1 million and that
“an appearance bond was executed by his
father [Doug Holliman]... but the following
day he was rearrested. We're asking the
court to set conditions under which bond
could be granted. One million dollars is
excessive. I'm not aware of any $1 million
bonds that have been ordered in this area.
When he defendant was rearrested he was
rearrested at his parents' home. They're
life-long residents of the county and there's
no accusation of flight risk. There's no
accusation that he'd be a danger to other
members of the community.” (But his late
wife's relatives told the sheriff that they
have such fears.)
Farese went on, “We're asking for a reasonable
bond so the defendant will have the
opportunity to make bond.” He said that
“bond was granted and executed but for
whatever reason he was rearrested—it
appeared that the sheriff had second
thoughts about allowing him to be released
on an appearance bond by signature...”
Farese asked that the bond be reduced
and that Holliman be allowed to pledge
sureties and post 10% of the bond in cash.
LCSO Investigator Eli Perrigin (right) talks to Laura Lee
Holliman's friends and family members after the hearing.
Holliman's Grandmother Freda Stacy is in the middle.
Carpenter, the prosecutor, didn't oppose
the request. He said that the $1 million
bond “seems to be a large amount.” He
added, “We had a murder in Oktibbeha
County yesterday and bond was set at
$250,000. I assume he's [Holliman] entitled
to a 10% bond, if there are no prior convictions...”
and the defendant has “stability.”
He added that the Court might have
“personal knowledge” of Holliman and his
family. He said that in Oktibbeha County a
bond of $250,000 to $500,000 would be
normal in such a case. “The only time it
would be $1 million is if there are risks.
Judge Phillips said that the bond was
set by Judge Robertson and that she
assumed that he had “probable cause” in
setting it. “I'll let it remain at $1 million,”
she said, adding that he could post “cash or
sufficient surety.”
Farese asked that Holliman be brought
to the chamber for the next part of the hearing,
which concerned the evidence against
him.
LCSO Investigator Eli Perrigin was the
only witness at the hearing. He testified
that he was dispatched to the Holliman
house on October 25 on what was reported
as a suicide call. He said that Deputies
Steve Hatcher and Larry Swearingen were
at the scene (both are Caledonia Marshals
as well as deputies and the scene was just
inside the city limits). He said that Laura
Lee Holliman was on the floor of her bedroom
in “a huge amount of blood... with a
gunshot wound to the left side of her face.”
He said that her arms were folded over a
shotgun and then said that the gun had been
“shoved between her arms.”
Perrigin said that different
parts of the scene
made him question the
suicide explanation. He
said that Brian Holliman
was not there when he
arrived, that he had gone
to his parent's house, but
that he later returned.
Perrigin said, “He walked
up to me and basically
told me it was an accident,”
that he had forgotten
to move that gun. Perrigin testified that
Holliman told hi that he kept the gun loaded
under the bed with a shell in the chamber.
Perrigin said that Holliman “said he was
outside and heard a loud noise and came in
and found her on the floor.” Perrigin said
that Holliman signed a statement at the
Sheriff's Office and then left.
Perrigin said that he took the body to
Jackson for an autopsy and that as soon as
Pathologist Lisa Funte (not Fontaine, as was
reported earlier in the Packet) saw it she
said that the death was a homicide. “She
said that because of the pattern of the blast
on her face there's no way possible that she
could have done it to herself,” said Perrigin.
East Mississippi Community College, Golden Triangle campus, hosted its
5th Annual "Proud be an American" Day on Tuesday. This annual event
celebrates Veterans Day and honors the men and women who served and
are currently serving in the U.S. armed forces. The event was initiated
by Jean Gregg, who was then a student and SGA president, in the wake of
the 9/11 tragedy. Instead of a speaker, this year's celebration featured
a musical tribute and hymn to honor each branch of the armed forces, with
a veteran of each branch giviing the creed or motto. Each year a different
high school JROTC in the district is asked to present the colors. This year
West Point's ROTC presented presented them. A highlight of the event was
the presentation of an AROTC scholarship to Cadet James Kimbrell of
Columbus, EMCC's first “contracted cadet.” In the photo, 1st Lt. Dustin
Guadagno, a recruiting assistant, is shown presenting Cadet Kimbrell a
symbolic check for the total benefits he will earn during his time in
the AROTC program (including tuition, room and board, books and a
monthly stipend), a total of $70,078.00.
Perrigin said that when he returned he
set up another interview with Brian
Holliman and that Holliman “basically confessed
to shooting his wife. Basically he
said he took the gun from the corner and
purposely stuck it to her upper body and it
went off. He said he was basically trying to
scare her when he heard her in the closet.”
(Perrigin repeated this last statement a short
time later but was never asked to explain
it.)
Purchase a copy of Packet #801 for more on this story!
Judge Philip Owen
Robertson Dies at 63
Dist. 1 Justice Court Judge Philip Owen
Robertson died in his sleep at his residence
early Sunday morning at age 63 of heart
failure. He had a history of heart problems.
Robertson had served as justice court
judge for more than 20 years. He took Ed
Prescott's place on the bench when Prescott
became sheriff in 1976. Prior to that, from
1973 to 1977, Robertson served on the
Columbus City Council, representing a
new East Columbus ward. Robertson also
served at different times with the
Columbus Police Dept., the Lowndes
County Sheriff's Office and the Mississippi
Army National Guard. He also owned his
own auction business, enjoyed hunting and
fishing, collected arrowheads and made
knives for friends using deer antlers and
blades from old woodworking tools. He
had a very large and wide circle of
friends—at his visitation at Memorial
Funeral Home Monday people waited in
line for two hours to pay their respects to
his survivors (see obituary in this Packet).
Robertson had suffered from heart
problems for many years. In 1997 he
almost died from a heart attack but was
saved by the late Ward 1 Councilman
Jackie Ball. The Packet reported at the
time that Ball was putting gasoline in his
Plymouth van at a convenience store on
Gardner Blvd. when he heard a faint voice
calling, “Jackie, Jackie.” Ball's first
thought was that God was talking to him,
but when he answered the spooky voice
continued calling, “Jackie, Jackie.” It was
Judge Robertson, who was slumped in his
nearby vehicle. Ball finally followed the
voice and found the judge and called 911
and Robertson was saved. The two were
longtime friends and both laughed about
the incident later.
Robertson had undergone several heart
operations over the years and had recently
been told by a cardiologist in Birmingham
that an implanted stent was not working
and that he needed open-heart surgery.
One of Robertson's pallbearers was
Tony Burnside, a Laurel native who has
lived in Mexico for 26 years on the banks
of Lake Emilio Portes Gil (formerly Lake
San Lorenzo). Robertson made his first
fishing trip to the lake in 1990 and made 62
more trips over the years, usually taking
Columbus friends on the 2,500-mile round
trip (several of these trips were reported in
the Packet). Once the entire Columbus
Kiwanis Club went down.
Ron Williams went to Mexico with
Robertson for the first time in 1999. He
said this week that he and some others were
planning to go again on Thursday but that
Robertson declined, saying he wasn't up to
it, but he was hoping to go again in
January. When Robertson died Williams
contacted Burnside in Mexico and
Williams and Charlie Clark of Columbus
arranged to meet Burnside and his son,
Roberto, 16, on the Texas-Mexico border,
900 miles from Columbus. The Burnsides
left their vehicle at the border and rode back
with Williams and Clark, arriving in time
for the funeral.
Justice Court Judge Peggy Phillips, who
was elected to the bench in 1975 (when
judges still were paid through fees), said
that she and Judge Robertson worked
together for 21 years and “never had a cross
word.”
Phillips said, “We worked on cases
where we might have been getting input
from each other, and we talked about it and
if there was any question we'd take a recess
and look it up. He was very thorough and if
he didn't know the facts or law he'd recess
and do research. He was fair and firm, but
when he'd made his mind up he wouldn't be
swayed. He was a good man. He was my
friend—he was almost like a brother to me.
We're going to miss him.”
Funeral services were Tuesday at
Memorial Funeral Home with burial in
Friendship Cemetery.
