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Karmelo Anthony's defense team asks for new judge in Austin Metcalf murder appeal process

Karmelo Anthony is back in a Collin County court on Wednesday with a new team of lawyers to request a new judge as he appeals his murder conviction in the stabbing death of Austin Metcalf.

His attorneys will ask for a new judge to oversee the 19-year-old's appeal, which is scheduled to begin at 9 a.m. Thursday.  Anthony's legal team will argue its motion to recuse State District Judge John Roach Jr. from overseeing the appeals process. Judge Sid Harle, of the Fourth Administrative Judicial Region in San Antonio, is scheduled to hear that motion.

Another hearing on Thursday is when Anthony's attorneys are expected to present arguments in support of their motion for a new trial.

In June, a group of well-known civil rights and criminal defense attorneys announced they would represent Anthony pro bono in his appeals. Dallas appellate attorney David Coale, who has handled appeals for decades, told CBS News Texas after the trial that Anthony's team could have several strong arguments over whether the trial was handled correctly.

Anthony's father posted a social media message asking those who stand behind his son's claim that he stabbed Metcalf in self-defense to show their support by gathering at the courthouse. That's where authorities broke up confrontations and made some arrests after supporters from both sides clashed.

Could the request be granted?

This week's hearings mark the first major step in Anthony's post-conviction appeals process following his sentencing. He was sentenced to 35 years in prison in June of 2026 after a jury convicted him. Anthony was accused of killing Metcalf on April 2, 2025, at Kuykendall Stadium in Frisco.

"Anthony's team has their work cut out for them," said criminal defense attorney Todd Shapiro, who is not connected to the case but has defended clients in Collin County. 

He believes Anthony's motion for a new trial and a new judge is an uphill battle. 

"I think [Judge John] Roach ran an incredibly efficient, fair trial," Shapiro said. "From the media restriction to the crowd control to the sheriff's department being in control, everything ran as smoothly as you could possibly ask for in a big case like that, and Roach did a great job, and he's the one responsible for the tone of the trial."

What does the prosecution say?

Collin County District Attorney Greg Willis claims the trial transcript undercut claims made by lead defense attorney Mike Howard. An affidavit from Howard, 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.

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