Collin County District Attorney says trial transcript undercuts key claims in Karmelo Anthony appeal

Collin County District Attorney Greg Willis is speaking publicly for the first time about accusations from Mike Howard, the lead defense attorney during Karmelo Anthony's trial.

Anthony was convicted of murdering Austin Metcalf and sentenced to 35 years in prison.

Howard's affidavit, filed as part of Anthony's appeal, alleges prosecutors violated a "gentlemen's agreement" to avoid introducing character or background information about Anthony, Austin Metcalf or Hunter Metcalf. Howard also claims the judge rushed a critical closed‑door hearing, limiting the defense's ability to prepare. 

According to the affidavit, the agreement prevented the defense from using expert witnesses or calling Anthony to testify because it restricted the jury to hearing only "what happened under the tent that day."

But Willis says the court transcripts – obtained by CBS News Texas – tell a different story.

"It's clear that many of these claims don't match what actually happened in court," Willis said.

During a private meeting between Judge John Roach Jr., prosecutors, and the defense – specifically about whether Anthony would testify – Howard acknowledged that the agreement was intact.

"I agreed that that deal, for lack of a better term, has held. I believe both parties have abided by it," Howard said.

Judge Roach reminded both sides that he was not bound by any informal agreement.

"I am not here to enforce agreements between parties in a criminal case," Roach said. "If asked to make a ruling, it will be based on the rules of evidence."

Howard's affidavit claims he was "99% sure" Anthony would testify before trial and that the judge declined "to extend our time beyond 10 minutes."

But the transcript shows the judge gave Anthony a lengthy explanation of his rights. The defense had more than 30 minutes afterward to decide how to proceed, and Anthony was allowed to consult with his parents before making his decision.

Ultimately, Anthony told the judge: "I don't want to testify."

Judge Roach then asked whether he had enough time to make that decision: "Did you think you had ample time to talk to your lawyers about that and got feedback from them, feedback from your family? You have had enough time to make that decision?"

Anthony responded: "Yes sir, we did."

Willis says he was taken aback by Howard's claims.

"I was surprised, disappointed, and frankly a little confused," Willis said.

Willis added that the prosecution team, led by Bill Wirskye, handled the case properly.

"I was there for every minute of the trial, and Bill Wirskye – our prosecution team – conducted this case so fairly, and cleanly and professionally," Willis said.

Howard did not respond to CBS News Texas' request for comment. He will not participate in the upcoming appeal.

Willis says he believes Anthony's appeal will be denied.

"I feel good… I know what happened, and I know that our lawyers conducted themselves in good faith. I felt like there was fair play between the prosecution and the defense throughout the entire trial," Willis said.

The first hearing related to the appeal could take place as early as next month.