Karmelo Anthony's new defense team filed motions for a new trial and to recuse Judge John Roach Jr. from the case Tuesday.
Last month, 19-year-old Anthony appealed his conviction for the killing of Austin Metcalf, 17, at a Frisco high school track meet last year. His new defense attorney, Russell Wilson, argued the restricted access to the trial violated Anthony's constitutional right to a public trial and requested a new judge review the case, according to court documents provided to KERA News from an advocacy group supporting Anthony.
The case has drawn national attention and controversy over the race of both teens. Anthony, who was 17 at the time, is Black. Metcalf was white.
Collin County Judge John Roach Jr. enforced strict rules for the courtroom during the trial, including limiting media access and restricting public access to the small number of seats in the courtroom left over once media and family members were seated.
The judge also issued a gag order barring people involved in the trial from posting about it on social media or speaking to the media, citing the intense scrutiny of the trial and its potential impact on its outcome.
People lined up as early as 5 a.m. in an attempt to get a seat in the courtroom to watch the trial. The day of the verdict, some were there as early as 2 a.m.
There was no overflow room in which people could listen to or watch the trial outside the courtroom — an option judges have in some trials in which there is likely to be high public interest. The defense said in its motion the court was obligated to find "reasonable alternatives" for access.
"The restrictions have amounted to a closure of the courtroom, imposed without the findings the law requires," the defense argued.
Then Roach spoke with the television station WFAA in an interview that aired two days after Anthony’s sentencing. In it, he defended his decision to ban cameras from the courtroom and said the jury fulfilled its duty in coming to a verdict.
The judge denied knowing the Metcalf family and said Anthony seemed like a “nice young man who committed a crime” and understands the consequences now more than before.
Roach also said in a written statement to Fox News that his restrictions on media in the courtroom were to protect the judicial process, and he wants to be transparent now that the trial is over.
And in his most recent comments, the Collin County government website published a letter from Roach in which he said the process was conducted fairly.
Anthony’s attorney argued in his recusal motion that the public statements violate state rules on judicial impartiality and indicate Roach thinks of the case as closed.
“Judge Roach’s own public statements reflect substantial personal involvement in the logistics and access decisions now at issue,” Wilson wrote.
Questions were raised during jury selection about the racial makeup of the jury. None of the jurors were Black. The state struck three potential Black jurors during jury selection.
The defense objected, but Roach allowed the jurors to be struck, with prosecutors reasoning they were struck because they were educators — not for race-based reasons.
Metcalf's father, Jeff Metcalf, condemned the public's response to his son's murder, during his victim impact statement, saying it was never about race.
“You failed your parents, you failed yourself and you failed society,” said Metcalf, looking at Anthony after the teenager was sentenced.
The two motions, however, don’t address the race issue that came up during jury selection. The motion for a new trial builds on the defense’s concerns about public access.
Wilson also argued in the filing that the prosecution violated an off-the-record agreement between the parties to limit evidence about Metcalf and Anthony’s character, and that the judge unfairly prevented the jury from considering whether Anthony acted in self-defense.
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