Hamilton County judge upholds Hollingsworth's conviction

Adolphus Hollingsworth is led back into the courtroom after a break during the first day of his trial in January. He is charged in the 1997 murder of his wife, Victoria Witherspoon Carr.
Adolphus Hollingsworth is led back into the courtroom after a break during the first day of his trial in January. He is charged in the 1997 murder of his wife, Victoria Witherspoon Carr.

Adolphus Hollingsworth isn't entitled to a new trial, retired Hamilton County Criminal Court Judge Rebecca Stern ruled Thursday.

After presiding over Hollingsworth's post-conviction motion for an acquittal or new trial on Thursday, Stern said she stands behind her January ruling, and that Hollingsworth is guilty of murdering his wife, Victoria Hollingsworth, 17 years ago.

Stern presided via video conference from her new home in Puerto Rico. She appeared on a large screen in the Hamilton County courtroom, swapping her formal seat on the bench for a living room couch. Instead of her black robe she wore a casual shirt, and there was no gavel in her hand. Her cat, Earl, rested behind her head.

Stern was on the bench when this cold case was originally tried in her courtroom. Victoria Hollingsworth disappeared in 1997, though her body was not found until May 1999 on Billy Goat Hill in East Chattanooga.

photo Judge Rebecca Stern

Tennessee law requires Stern to be available to hear post-conviction motions like this one up to 60 days after retirement, which she excitedly reminded the court expires in about a week.

Hollingsworth's attorney, Bill Speek, raised 20 issues about the proceedings in the original case. Stern quickly overruled 19, but the final issue caused a lengthy debate.

Speek argued that the original indictment was filed within the 15-year statute of limitations for second-degree murder.

But at that time the prosecution said Hollingsworth had left the state, living in Alabama and Texas for years.

The indictment that Hollingsworth was convicted under was not the original, but was amended days before trial. Speek said the amended indictment, filed in January of this year, fell outside the statute of limitations by several months.

"The defendant could not have been found guilty of second-degree murder because the statute of limitations would have run out," Speek said.

District Attorney Neal Pinkston responded by saying the court did not charge Hollingsworth with a new crime, and the amended indictment did not alter the direction of the case or decision of the jury.

Stern agreed with Pinkston. After she ruled and Hollingsworth was led back to jail, Stern moved her computer to show the view of the ocean from her window.

"This is why I'm not in Chattanooga right now," she said.

Pinkston said after the hearing that Stern's ruling reaffirms that Hollingsworth received a fair trial.

"No amount of hyperbole will erase the fact that Adolphus Hollingsworth is a killer," he wrote in an email.

Contact staff writer Kendi Anderson at kendi.anderson@ timesfreepress.com or 423-757-6592.

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