A Texas judge is set to hear arguments Wednesday on whether the judge who oversaw Karmelo Anthony’s June murder trial should be taken off the case during post-trial proceedings. The hearing comes one day before a separate court date on Anthony’s request for a new trial.
Anthony’s newly assembled defense team, headed by attorney Russell Wilson II, is asking another judge to disqualify Judge John Roach from any further proceedings. The defense contends that comments Roach made publicly after the trial created the appearance that he could be biased.
The recusal hearing is set for 9 a.m. Wednesday. According to court records, Judge Sid Harle has been assigned to preside over the matter.
Anthony is expected to be present for Wednesday’s hearing, a Collin County official told News Outlet. The official also said a bench warrant had been issued in the case.
Karmelo Anthony is shown after being transferred into the custody of the Texas Department of Criminal Justice. He was taken to his assigned facility, the Pack Unit near Navasota. (Texas Department of Criminal Justice)
Anthony was found guilty in June of murdering 17-year-old Austin Metcalf, who prosecutors said was fatally stabbed during a confrontation at a track meet in Frisco. A Collin County jury sentenced Anthony to 35 years in prison.
Wilson is leading Anthony’s current legal team, which filed two motions on July 7: one seeking Roach’s recusal and another requesting a new trial. The hearing on the new-trial motion is scheduled for 9 a.m. Thursday.
In its recusal request, the defense argues Roach should not decide Anthony’s post-trial motions because of the remarks he made to reporters after the jury reached its verdict.
Austin Metcalf, left, is pictured with his father, Jeff, top right, and with his twin brother, Hunter, bottom right. (Jeff Metcalf)
The filing cites comments in which Roach said the jury “got it right” and defended several trial rulings, including his handling of courtroom access and the dismissal of three Black prospective jurors.
Anthony’s attorneys contend those comments have created the appearance that Roach prejudged the defense’s claims.
The filing does not directly challenge Anthony’s guilt or innocence. Instead, it alleges constitutional and legal errors that the defense says deprived him of a fair trial.
A courtroom sketch shows Judge John Roach overseeing proceedings in the Karmelo Anthony murder trial. (Pat Lopez)
The motion argues Anthony’s trial was not open enough to the public. Cameras were barred from the courtroom and only 27 seats were available for members of the public.
Anthony’s lawyers also accuse prosecutors of breaking an off-the-record agreement about character evidence and other alleged acts unrelated to the murder charge. They argue the dispute forced Anthony to decide whether to testify while risking the introduction of evidence they say could unfairly prejudice jurors.
The defense also challenges the jury instructions, arguing they limited jurors’ ability to fully consider Anthony’s claim of self-defense.
Roach referred the recusal request to another judge under Texas procedure.
The outcome of Wednesday’s hearing could determine who handles Anthony’s new-trial motion and other remaining post-conviction matters in the trial court.
News Outlet has reached out to Anthony’s defense team for comment.
