Convicted killer and former FedEx driver Tanner Horner is seeking a new hearing in the murder case of seven-year-old Athena Strand, arguing that heavy media attention made it impossible for him to receive a fair trial.
Horner, 34, filed a motion for a new trial on June 4, only weeks after he was sentenced to die by lethal injection for kidnapping Athena from her home, strangling her and leaving her body in a river in November 2022.
His attorney, Thea Posel, claimed that the extensive publicity surrounding the case intimidated important witnesses, including five defense witnesses who ultimately withdrew from testifying, according to The Dallas Morning News.
The defense motion centers on the argument that nonstop news coverage helped drive anger on social media, which allegedly escalated into threats against those individuals.
‘The precautions of the trial court were insufficient to guard against the prevailing hostility and intense scrutiny surrounding the trial and defense presentation,’ the filing reads.
Judge George Gallagher, who presided over Horner’s murder trial, has issued a protective order preventing anyone connected to the case from publicly discussing the request for a new hearing.
The order does not indicate that the court has accepted Horner’s arguments. Rather, it keeps sealed exhibits attached to the motion confidential while the judge considers the defense team’s request.
According to the order, making documents with sensitive information public could undermine the integrity of the case, threaten the privacy and security of people involved, and affect Horner’s right to a retrial if one is granted.
Killer FedEx driver Tanner Horner and his legal team filed a motion requesting a retrial in the murder of seven-year-old Athena Strand
Horner, 34, was sentenced to death by lethal injection in May for kidnapping little Athena from her home, strangling her and dumping her body in a river in November 2022
The new motion argued that widespread media coverage intimidated key witnesses, particularly five defense witnesses who backed out of testifying
‘This is a procedure that happens not only in this case but in almost all cases, period,’ Wise County District Attorney James Stainton said in a statement to the outlet.
Three weeks later, Stainton and state prosecutor Jeffrey Shell pushed back with a 12-page response to the judge’s procedural order, according to the Fort Worth Star-Telegram.
In the June 23 filing, Shell argued that Horner’s motion should be denied because no rule bars media coverage of criminal trials.
Prosecutors also stated that the trial court had no duty to ‘inquire into the effects of the intensive media coverage and public attention on the jury.’
Horner’s bid for another trial now rests with Judge Gallagher, who is expected to rule on the request in the coming days, a court spokesperson told the outlet.
Derek Adame, a Denton County criminal defense attorney and certified death penalty lawyer not involved in the case, reiterated that new trial motions are common, especially in death penalty cases.
‘Every time you’re going to make a motion for new trial, absolutely, because it is a tool in the tool bag,’ Adame told the Star-Telegram.
‘And if it works, if you’re granted a new trial, well, that’s better than an appeal because you get to start the whole thing over,’ he added.
Horner’s bid for another trial now rests with a different judge who is expected to rule on the request in the coming days
Horner pleaded guilty to capital murder and aggravated kidnapping of Athena on April 7 just hours just hours before he was set to face trial
Horner’s initial trial was moved to Tarrant County in September 2024 after a judge found the case had attracted significant media attention (above: shoes he wore when he killed Athena)
Horner’s team has also launched an appeal with the Texas Court of Criminal Appeals, the state’s highest criminal court, which is required to review all death penalty cases under Texas law.
Adame told the outlet that attorneys will often request a new trial despite having little basis for the motion, fully expecting it to be denied.
‘In my experience, it’s pretty rare that a motion for new trial gets granted,’ he said.
‘The bar is pretty high. You basically have to show, you have to prove that there now exists evidence, or evidence that you did not have before during the trial. So something new has come to light.’
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He said Horner’s claim of excessive media coverage alone is unlikely to secure a new trial, as high-profile cases routinely attract public attention.
But he said the defense could have a stronger argument if it proves witnesses were scared off and had evidence that may have altered the outcome, according to the outlet.
Adame added that another reason for filing the request is to lay the groundwork for future appeals. Even if it’s denied, the motion puts key arguments into the court record and gives the defense more to build on.
‘You want to build a good enough record so that maybe some appellate court years from now says, “Hey, you know what? You guys were right” and rules in your favor,’ Adame said.
Horner was making a delivery at Athena’s family home in Paradise, Texas, just weeks before Christmas 2022 when he lured her into his FedEx truck
Athena fought for her life in the back of his truck before she was killed
Athena fought for her life in the back of his truck before she was killed
‘So that’s what you want to do. You want to leave as many doors open as you possibly can,’ he added.
Horner’s initial trial was moved to Tarrant County in September 2024 after a judge found the case had attracted significant attention on social media in Wise County.
Horner pleaded guilty to capital murder and aggravated kidnapping just hours before he was due to stand trial on April 7.
The convicted killer was making a delivery at Athena’s family home in Paradise, Texas, just weeks before Christmas 2022 when he lured her into his FedEx truck.
He was delivering a package that contained her Christmas gift – a set of Barbie dolls. Athena fought for her life in the back of his truck before she was killed.
Investigators tracked the package to Horner and uncovered video showing him shutting the door of his vehicle with Athena inside, leading to his arrest on December 2, 2022.
Prosecutors presented incredibly disturbing audio and video evidence during the trial that showed the sexual abuse Athena endured before she was murdered and dumped in the Trinity River.
It showed the tiny girl, wide-eyed and confused, standing behind the hulking 6ft-tall Horner in the driver’s seat.
Horner was delivering a package that contained Athena’s Christmas gift, a set of Barbie dolls, when he kidnapped her
Horner claimed to have been high on cocaine at the time (pictured after murder)
The jury took less than three hours to deliver Horner a death sentence
‘Are you a kidnapper?’ Athena asked through her tears and pleas to go home. ‘Why are you doing this?’
Horner replied: ‘Because you are pretty. You know that?’
Her body was found around nine miles away from her home, two days later.
Horner’s defense team introduced expert testimony about his autism diagnosis, lead exposure and troubled childhood as they urged jurors to spare him the death penalty and sentence him to life without parole.
The jury took less than three hours to deliver a death sentence, unanimously finding Horner would remain a danger to society and that mitigating circumstances did not outweigh the punishment.
Horner remains on death row at the Allan B Polunsky Unit in Livingston, Texas.
The Daily Mail has reached out to Horner’s attorney and the Wise County District Attorney’s Office for comment.
