An Interview With a Juror: The Theresa Foskey Rape & Murder Trial


A part of me wants to believe this may be another crime of passion and the other part of me questions if a man got away with murder. This nightmare would keep progress for 15 years and end with a "not guilty" verdict. No one has been charged with the rape and murder of Theresa Foskey and the case will not be re-opened. Did they waste 15 years investigating the wrong man? It's feasible that she may not have been raped after all, but in a intimate relationship with the man that stands accused. His semen was found at the scene of the crime and he did admit to having sex with Theresa but he demands that a man came in afterwards and told him that the best thing he could do was leave and he complied. You wont find any of this information from the local news stations. I'm not sure if they're even aware of all of these details or they were too apprehensive and modest to talk about it. I interviewed an individual that was one of the 12 jurors on trial and he had a lot of enthralling erudition and theories regarding what might have happened that execrable night. He claims that the only part of this girl they couldn't find was her vagina. Her common-law husband had a history of kicking her out but the DA confirmed his alibi. The time he signed out of the plant he was employed at could have been faked. He says he stopped by his brothers house afterwards. The juror told me that all the evidence against Holden didn't add up and her common law husband's alibi was hog wash. By the way the murder was carried out, it seemed more like a crime of passion rather than a rape and kill. It certainly gives you a lot to think about. We may never know what happened to Theresa. Lets just hope that whoever is responsible is dealt with in the afterlife. You will have to make up your own mind on this case. Below is a photo of her mother at the scene. Thanks to KFDM for the images. 


In September 1995, Theresa Foskey's body parts were found between Newton and Deweyville in the Sabine River. James Edward Holden had been charged for the murder and dismemberment of this beautiful 28 year-old woman that has been painted as a promiscuous woman. The prosecution felt they had enough evidence in the victim's mobile home in Bridge City, Texas but a positive ID of the foot print couldn't be made. They provided a photo of the bottom of his foot with what they called "healing cuts." But lack of detail makes it impossible to make a positive identification. My question is, why is it that the foot prints were found days after her body was discovered? They knew right away this was a homicide. Why didn't the search the area properly for a shred of evidence?

Authorities believe she was murdered and dismembered in her mobile home due to the gruesome discovery found in the home. Blood covered several surfaces inside the home. This makes it obvious that she was murdered in the residence and her body was transferred to the river. You can see photos below of the divers about to pull her body parts from the murky waters. 





The bulk of the individuals in the court room were rooting for Holden and assuring his innocence. Three witnesses were put on the stand and all three shared beliefs that he was an innocent man. Nancy Sue Holden, his mother, claims that she saw her son before he left and when he came home early the next day he was wearing the same clothes. Not a drop of blood was visible on his shirt and he didn't seem nervous. Slade Strickland claims to have been with Holden on the night of the murder and says that the two of them were present at a pool tournament. While researching this case and coming across comments by friends and family of the parties involved, I found more positive comments about Holden than Foskey. A woman by the name of Carolyn Bertrand had this to say about Holden, "I am so glad he didn't do anything else since but I saw him and his two friends, two brothers in that very spot that morning on my way to work from Starks, LA to Beaumont. Stopped in the road and looked right at them. One brother drove a new black pickup, wears a cowboy hat, I know who they are. I told the police, why they ignored me I”ll never know but I knew all this time who did it. It was 4.40 in the morn.I remember it all to this day, sometimes you just don”t really know your friends after all, glad they finally got him."  You'll have to excuse the poor grammar. I tried to clean it up for her as much as possible. I found several comments like this. Several people really liked Holden and didn't want to believe he could commit such a crime. Here's another by his cousin Tammy Kyzar, "I have known him all my life, he is my cousin. And to the depths of my soul I know he did not do this crime. I hope the real person and they know who they are, steps up and not let this good hearted man take the fall. I am so furious about this whole thing. But I believe in him and that he is not guilty. He is the type of man that would rush to someone side and be supportive 100%. I know if I was in trouble he would be here foe me and I will always be here him. I love my cousin." No one wants to believe a person they love could be involved with murder. I recently saw a documentary where a deaf woman brutally murdered and dismembered another deaf woman with a chainsaw. The detective in charge of the investigation said he had doubts at first when he was investigating her but after all of this evidence pointing against her, it was clear to him. You have to assume that every person sitting in front of you is capable of murder. It doesn't matter how 'sweet' they are or how many good deeds they pull off.  People lie and some people are smart enough to pull off those lies. 




At one point, jurors were hung 11 to 1. James Holden faced 40 years without possibility of parole had he been convicted. 15 years later, in 2010, Holden was found not guilty. Here's my interview with one of the 12 jurors:

Police believe that Theresa was killed in her mobile home due to all of the blood found on the premises. Was there blood throughout the entire home with signs of struggle or did this all take place in one room?
-Definitely a struggle from one end to the other.

How about foot prints? What substantial evidence did they obtain from the home?
-There was no substantial evidence. They did find Holden's sperm but he admitted to that. Their smoking gun was a muddy foot print where they found the body near Holden's home and that he had scars on his feet similar to the ones I get every Winter and I always have shoes on. The case was mostly bad police work.

Authorities felt scientific evidence showed Jamie Holden's involvement with the murder but yourself and the rest of the jurors felt there wasn't enough evidence. What evidence did they provide in court?
-There was NO EVIDENCE to put someone in prison for. All concocted scenarios by prosecution with a bunch of experts. 11 of 12 jurors said they kept waiting for their smoking gun and the 12th was a woman who had her mind made up that he was guilty before the trial started.

Where did Holden place himself at the time of the murder?
-He was sleeping on a friend's couch the following morning with two other witnesses that were room mates. He wasn't muddy. He was clean. The way I saw it, the murder either happened while he was on his way home that night after being told to leave after getting caught…. or he was in fact the murderer. Like I said, defense didn't prove him innocent. In fact, I think his lawyers were horrible but prosecution did not prove him guilty and the law states innocent until proven guilty beyond a reasonable doubt.

There has been speculation that the defense made Theresa out to be a promiscuous woman. Is this true? How was Theresa Foskey's character portrayed in court and what did this have to do with her murder?
-Theresa was portrayed as promiscuous but really had no bearing. I believe she got caught messing around got murdered for being promiscuous.

What was Holden's demeanor during the trial?
-Holden's demeanor was just concerned but this trial was 15 years after the fact.

When the verdict was announced, what reaction did you observe on both sides? What sounds from that court room have stuck with you to this day?
-Most at trial were supporters of Holden so it was sounds of relief. I'm sure her family wasn't happy but I believe they want closure not conviction.

Do you feel you made the right decision as a juror in this trial?
-I feel I made the correct decision based on the information givin. I can't say he's innocent but charge was read as reasonable doubt and prosecution was not even in the ballpark. All they proved was that Holden had sex with her and she was dumped closer to his house than where she was murdered.



Below are some newspaper clippings I found on the case.





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