Hearings for motions filed by Karmelo Anthony’s new defense team for a new trial and to recuse Judge John Roach Jr. from the case are scheduled to start Wednesday.
Nineteen-year-old Anthony was found guilty of murder for the fatal stabbing of 17-year-old Austin Metcalf at a Frisco high school track meet. He was sentenced to 35 years in prison.
The case has drawn national attention and controversy over the race of both teens. Anthony, who was also 17 at the time of the killing, is Black. Metcalf was white.
Anthony filed an intent to appeal shortly after the punishment phase. Hearings for the appeal are scheduled for Wednesday and Thursday at the Collin County courthouse starting at 9 a.m.
Wednesday’s hearing will have an overflow room with a video feed.
Anthony’s new defense attorney, Russell Wilson, is arguing the restricted access to the trial violated Anthony's
constitutional right to a public trial and requested a new judge review the case.
Bill Wirskye, the lead prosecutor for the case, called the defense’s motions inaccurate in an emailed statement to KERA when the appeal was filed.
“The jury heard extensive evidence over the course of the trial and returned a unanimous verdict,” Wirskye said. “We remain confident in that verdict and the fairness of the proceedings.”
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.
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. Wirskye, according to the appeal, told the defense the agreement didn’t apply to Anthony if he testified. Anthony opted to not testify.
Wirskye told KERA the prosecution team fully complied with the agreement it made with the defense.
Got a tip? Email Caroline Love at clove@kera.org.
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