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Texas Judge Denies New Trial for Karmelo Anthony

4 weeks ago 0

A Texas judge has denied Karmelo Anthony a new trial. Anthony’s attorneys had argued that courtroom restrictions and hearings conducted without his presence violated his rights. They also raised concerns about the handling of an unwritten agreement between his former lawyers and the prosecutors.

Retired District Judge Michael Chitty made the decision after reviewing the motion, court records, evidence, and arguments. The reasoning behind the denial was not detailed in the order. As a result, Anthony’s murder conviction and 35-year prison sentence remain unchanged. His legal challenge is set to continue on direct appeal.

Collin County District Attorney Greg Willis expressed confidence in the case, stating, “We respect, and expected, the court’s decision denying the motion for a new trial. The jury’s guilty verdict stands, and we remain confident in the process.”

Judge Chitty heard two days of testimony after Judge Sid Harle removed Judge John Roach, who piloted Anthony’s murder trial. Roach was perceived as potentially biased after comments indicating agreement with the jury’s verdict.

The focal point of the new trial hearing was an oral agreement designed to keep problematic character evidence away from the jury. Former lead defense attorney Mike Howard had believed the agreement allowed Anthony to testify if his focus remained on the confrontation at a Frisco track meet. However, prosecutors later indicated this agreement would not apply, leading Anthony to refuse to testify.

Howard, under cross-examination, admitted there was no specific agreement about testifying defendants and couldn’t confirm any bad faith from prosecutors.

A similar stance was taken by former attorney Toby Shook, highlighting the expectation that Anthony would testify to defend himself. The prosecutors’ position took him by surprise, as Anthony was meant to support his self-defense claim.

The defense referenced a presentation by lead prosecutor Bill Wirskye in legal education courses that suggested clients usually need to testify. During court breaks, Anthony was advised that Judge Roach could not enforce the unwritten agreement, causing uncertainty over his testimony’s implications.

Wirskye countered that the agreement remained intact, stating the defense and prosecution never defined its allowances if Anthony testified.

Additionally, claims were made about courtroom access restrictions infringing upon Anthony’s Sixth Amendment right to a public trial and jurors’ limitations regarding self-defense considerations.

Karmelo Anthony, 19, was convicted of stabbing and killing Austin Metcalf, aged 17, during a Frisco track meet confrontation. A jury in Collin County sentenced him to 35 years in prison.

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