A judge denied a motion for a new trial for Karmelo Anthony on Saturday.
Anthony was convicted in a Collin County court in June and sentenced to 35 years in prison for the fatal stabbing of 17-year-old Austin Metcalf at a Frisco high school track meet last year.
Anthony's arrest, trial and murder conviction has drawn national attention over issues of race. Anthony is Black and Metcalf was white. Many posts on social media have racist undertones.
Judge John Roach Jr., who oversaw the original trial, was recused by an outside judge on Wednesday. Roach did an interview with Channel 8 shortly after the verdict. The defense argued Roach violated judicial conduct rules. Sid Harle, a judge from Bexar County, ruled that the interview didn't pass the test of a neutral third party's view of his impartiality. Retired Judge Michael Chitty from Kaufman County presided over the hearings for the motion for the new trial.
Collin County District Attorney Greg Willis praised the judge's decision in a statement shared with KERA.
"The jury's guilty verdict stands, and we remain confident in the process," Willis said. "Every defendant has the right to appeal, and our thoughts and prayers remain with the Metcalf family in the painful wake of last week's hearing."
Anthony's appellate attorney, Russell Wilson, argued in the motion for a new trial his right to a public trial was violated by the lack of access to the courtroom and an off-the-record agreement between the attorneys on both sides of the case.
The defense and prosecution had a gentleman’s agreement to focus on what happened the day of the track meet under the Memorial High School tent and not bring up prior behavior or character. Both sides had information they didn’t want revealed to a jury.
Text messages on Anthony’s phone revealed a “documented pattern” of an obsession with guns, knives and fighting, lead prosecutor Bill Wirskye said on Thursday. Metcalf also had a history of getting into fights and had sprayed graffiti with “vile, racist stuff,” he said.
The off-the-record agreement, Wilson said, coerced Anthony to waive his right to testify and denied him a complete defense, violating his constitutional rights.
Lee Merritt, who also represented Anthony, shared a statement from Wilson on social media that said Anthony's attorneys plan to continue the appeal in the Fifth Court of Appeals.
"Our commitment to our client has not changed," Wilson said. "We will continue to advocate vigorously on his behalf through every lawful avenue available.”
Got a tip? Email Caroline Love at clove@kera.org
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