New judge to consider retrial for Karmelo Anthony in murder of Austin Metcalf

A judge on Thursday is considering whether to grant Karmelo Anthony a new trial following his murder conviction earlier this summer in the stabbing death of a 17-year-old Austin Metcalf at a Frisco track meet.

In a legal victory for Anthony, the judge who presided over his trial was removed from the case on Wednesday. Judge Michael Chitty was then assigned to consider the motion from Anthony's attorneys asking for a retrial in the killing of Metcalf.

Anthony, now 19, was sentenced to 35 years in prison in the case. He attended Wednesday's hearing wearing a green prison jumpsuit. His parents and Metcalf's also attended the hearing.

Anthony's attorneys had asked that state District Judge John Roach Jr. be removed, in part, because of a TV interview in which Roach said jurors "got it right" when they delivered a guilty verdict. 

In seeking a new trial, Anthony's attorneys have argued that the June proceedings were marred by strict courtroom rules and improper jury instructions. They have also said Anthony's decision not to testify came after a dispute with prosecutors over an agreement to focus the trial on the events leading up to the stabbing.

Jurors in the trial had rejected Anthony's claims that he acted in self-defense during a confrontation with Metcalf in the stadium bleachers last year. Students who took the stand described a heated exchange over Anthony's refusal on a rainy spring day to leave a tent that belonged to Metcalf's team.

The case attracted national attention in part because of a flood of social media posts that amplified the killing in racial terms. Anthony is Black; Metcalf was white. Lawyers on both sides, however, told jurors the tragedy had nothing to do with race.

The retrial hearing began at about 9:30 a.m. Both sides gave opening statements concerning the motion for the new trial.

Opening statements by defense 

Anthony's defense attorney, Russell Wilson, opened by requesting that Anthony be removed from his shackles, which Chitty approved.

Wilson said during Anthony's trial that there was material prejudice and claimed that the previous judge, Roach Jr., ran a "shadow docket" in relying on off-the-record agreements between prosecutors and the defense attorney. Wilson said that Anthony also didn't have any hearings until jury selection.

Wilson also claimed that there was a Waller violation, which refers to a constitutional error in which a trial court was improperly closed, or a judge held a private hearing without properly protecting a defendant's right to a public trial, violating the Sixth Amendment. Wilson said that should result in a new trial.

Wilson said character information about Austin Metcalf and his twin brother, Hunter, was left out of the trial, which ultimately led to character information being left out about Anthony.

"It will be our position that through the record, through trial testimony, through voir dire, kept out information they could have used," Wilson said.

Wilson claimed that no evidence of punishment was presented and that Anthony's punishment was "dramatically truncated."

Opening statements by the prosecution

However, Prosecutor Bill Wirskye said every one of those decisions made during Anthony's murder trial was consented to by the trial lawyers.

He claims the Anthony family "got a verdict they didn't like" and switched lawyers.

Wirskye said multiple off-the-record conversations took place, and it's just "the way we do business in Texas."

Wirskye spoke about the threats those involved with the case received, including the families, students and the judge who reduced Anthony's bond. He said this is the first case his team has dealt with an environment like that of the Anthony trial.

Wirskye shared that the morning of the stabbing, Anthony's ex-girlfriend claimed that he was stalking her and threatened her with a knife. Wirskye said a text message read, "I'm lowkey on the verge," and that Anthony also messaged, "When I stab somebody, I'm gonna [sic] lick their blood off the blade."

Wirksye told the judge that Anthony's actions were caught in a "404 motion." 

First witness called: Former Collin County PIO testifies about gag order 

The first witness called is Derrick Jackson, the former Collin County public information officer and government information coordinator, who was involved in media planning for the trial. He was terminated on May 13.

He testified that he was in charge of press releases for the DA's office, among other things, and involved in preparation for Anthony's murder trial, logistics, the media and the atmosphere.

Jackson admitted to releasing trial scheduling information to a social media influencer who should not have been authorized to receive it, as it had not been released publicly, as it was part of the gag order. When Wirskye found out, he wasn't happy about it, and Jackson said he got a tongue-lashing.

He says he was informed he would be suspended and met with Roach in his chambers. 

The defense showed the gag order in which "hearing schedules" is permitted communication with the media. The prosecution objected and said what was released was actually the first four days of the trial schedule, which was not among the permitted communications.

"You understand the difference between Channel 11 and the North Carolina Bee is correct?" he was asked, to which Jackson replied, "Yes."

Karmelo Anthony's trial attorney Mike Howard called to the stand

Bombshell testimonycame from Anthony's trial attorney, Mike Howard, regarding details of Austin Metcalf's background that were never presented to the jury.   

Howard said there was a large volume of character, reputation, and extraneous information related to the Metcalfs. 

"I wanted to know prior to the (trial) whether that would be admissible or not, because it would have greatly changed our strategy," said Howard, of a report defense attorneys wrote detailing history of troubling incidents involving Austin Metcalf and his brother. 

Defense attorneys were not obligated to share their trial strategy with prosecutors, but Howard said they ultimately chose to divulge certain information.

"We chose to show our cards to get a better idea of what would or would not be admissible." Said Howard.

The report, presented in court, detailed dozens of incidents involving Metcalf, including assaults he allegedly committed, his repeated use of "the N-word" in messages, and threats he allegedly made against people of color.

Howard addressed security concerns and harassment leading up to the trial and said everyone wanted "the temperature on this to be turned down." 

Howard also described the unusual way the trial was handled because of the intense public scrutiny, with attorneys on both sides sending documents directly to the court and each other, rather than filing it with the district clerk's office.

He said both sides and Roach had "a lot" of off-the-record conversations regarding Anthony's case.

He said the state and defense would show up and just meet in chambers, a practice that became more frequent over time.

Howard countered suggestions by prosecutors that the omission of Metcalf's background, though, was due to the security issues, saying rather that it was solely because of "a gentleman's agreement" with the prosecution, who in turn agreed not to bring up past problematic statements by Anthony.

Howard said that throughout the trial, the defense intended to have Karmelo testify.

He admitted he didn't explicitly share that with the prosecution until later, but believes they should have anticipated it.

Howard said in self-defense arguments, it's important for jurors to hear from the person claiming self-defense.

He said that on the final day of the trial, he learned from his co-counsel, Tony Shook, during a break that the lead prosecutor had claimed their agreement to leave out Anthony's background did not cover questioning the defendant. 

"I was absolutely shocked," Howard said.

Howard said he and Wirskye held a meeting with the judge in which tempers flared, and people were yelling.  Both sides required a break to cool off, after which they met again to negotiate what would be off limits during Anthony's testimony. 

Howard said he felt essentially forced to give the prosecution a preview of every question he would ask to determine whether it would open the door to questions of Anthony's past statements

"It was the only way to negotiate a way for Karmelo to testify," Howard said. 

Howard, though, said Anthony ultimately elected not to take the stand because he didn't trust the prosecution would abide by any agreement.

Howard's cross-examination by prosecution

Prosecutor Bill Wirskye also questioned Howard about the agreement between the two sides, if he felt both sides were "aligned."

"We were all completely aligned in wanting safety and not wanting to be harassed by outside influences," said Howard.

Wirskye said Howard never objected during their conversations.

"The misinformation threat was by far the most concerning to me," Howard said.

Howard said Wirskye knew Anthony's defense team would argue self-defense. 

Wirksye said that it isn't always effective to have a client testify, but Howard said his client was well prepared and "would have come across as genuine; however, Anthony didn't trust the agreement that had been made.

Howard also testified that the defense team had a lot of trouble with witnesses fleeing to Mexico and hiding to avoid testifying, that they felt the "rug was pulled out from under us."

Anthony later chose not to testify.

"Do you think I wanted [Anthony] to testify?" Wirskye asked Howard during cross-examination.

"I think you wanted him to testify so you could cross him," Howard said.

Wirskye did admit in court that he wanted Anthony to testify.

What happened during the recusal hearing?

During the recusal hearing on Wednesday, Anthony's legal team focused on comments Roach made to a Dallas TV station after the trial had ended. In the interview, which was played after the hearing began, Roach was asked if the jury got "it right."

"Yeah, they did," Roach said, adding: "Whatever they say, they got it right."

During the interview, Roach also defended his courtroom rules and spoke about the onslaught of online postings about the case.

What prosecutors say happened in Metcalf's killing

As national attention on the killing intensified last year, the families of both Metcalf and Anthony said they had been targets of harassment.

Several schools were competing at the track event when Anthony sat under the Memorial High School tent that was perched in the bleachers. Metcalf and others had repeatedly told Anthony to leave, witnesses testified, leading to an escalating confrontation.

Prosecutors said Anthony provoked Metcalf, and witnesses testified that Anthony was the aggressor.

At one point, Anthony reached into a bag and replied, "Touch me and see what happens," according to a police report.

Metcalf pushed Anthony, according to witnesses, who said Anthony then pulled out a knife and stabbed him in the chest.