A Texas judge on Saturday denied Karmelo Anthony’s bid for a new trial, rejecting arguments from his defense team that his rights were violated by courtroom limits, hearings conducted in his absence and the way an unwritten understanding between his former attorneys and prosecutors was handled.
Retired District Judge Michael Chitty issued the ruling after considering Anthony’s motion, the court record, evidence, legal arguments, briefs and applicable case law, according to the order. The decision did not include a detailed explanation of the judge’s reasoning.
The ruling keeps Anthony’s murder conviction and 35-year prison sentence intact for now. His legal challenge is expected to move forward through the direct appeals process.
Accused killer Karmelo Anthony leaves jail after posting bond. (KDFW)
Collin County District Attorney Greg Willis said prosecutors had anticipated the outcome and continue to stand behind the case.
“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,” Willis said in a statement.
“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.”
Chitty heard two days of testimony in McKinney, Texas, after Judge Sid Harle earlier this week removed Judge John Roach, who oversaw Anthony’s murder trial, from the remaining trial court proceedings.
Harle found that a reasonable outside observer could question whether Roach appeared impartial after he publicly said the jury “got it right” and defended several of his trial decisions.
At the center of the new trial hearing was an oral agreement between Anthony’s original defense attorneys and prosecutors to keep potentially damaging character evidence involving both sides from reaching the jury.
Former lead defense attorney Mike Howard testified that he understood the agreement to allow Anthony to testify if he stayed focused on the confrontation under the tent at a Frisco track meet.
Austin Metcalf, a junior at Memorial High School in Frisco, who was stabbed in the chest by 17-year-old Karmelo Anthony, a student-athlete from Frisco Centennial High School. (Courtesy Jeff Metcalf)
On the final day of the trial, prosecutors told the defense the agreement would not apply if Anthony took the stand and that the defense had opened the door to character evidence. Howard said the dispute led to a heated break in the proceedings and made Anthony unwilling to testify.
Under cross-examination, Howard acknowledged the lawyers never expressly agreed on whether a testifying defendant was covered by the arrangement. He also said he could not say whether prosecutors acted in bad faith.
Former defense attorney Toby Shook gave similar testimony Friday, saying the original defense team understood the agreement to include Anthony’s testimony about the confrontation. The position prosecutors took caught Shook off guard because the defense had always expected Anthony to take the stand in support of his self-defense claim.
Supporters of Karmelo Anthony assemble outside the Collin County Courthouse in McKinney, Texas. (Derek Shook for News Outlet)
The defense also introduced a training presentation that lead prosecutor Bill Wirskye had used in continuing legal education courses on self-defense. One slide advised defense lawyers that the client “(probably) needs to testify.”
During a break, the defense updated Anthony and explained that Roach said he could not enforce the unwritten agreement, Shook testified. That left Anthony unsure whether testifying would allow prosecutors to introduce character evidence the agreement was meant to keep out.
Wirskye disputed that the agreement was broken. He said the lawyers never discussed the details of what it would allow if Anthony testified and that prosecutors remained willing to honor it. The state feared testimony from Anthony or his mother could inadvertently open the door to character evidence, Wirskye said.
Chitty also considered claims that courtroom access restrictions violated Anthony’s Sixth Amendment right to a public trial and that jury instructions limited jurors’ ability to consider self-defense.
Anthony, 19, was convicted in June of stabbing and killing 17-year-old Austin Metcalf during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.
