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A newly assigned judge has only days to decide whether Karmelo Anthony’s murder conviction survives, putting his 35-year sentence and chance at a second trial on a fast-moving legal clock after the judge who presided over his trial was removed Wednesday.
Retired District Judge Michael Chitty is scheduled to hear Anthony’s motion for a new trial Thursday, after Judge Sid Harle removed Judge John Roach from Anthony’s remaining trial-court proceedings Wednesday.
Harle found that a reasonable outside observer could question whether Roach appeared impartial after Roach said in a post-trial television interview that the jury “got it right” and defended several of his trial decisions.
TEXAS JUDGE WHO PRESIDED OVER KARMELO ANTHONY MURDER TRIAL REMOVED FROM CASE OVER ‘GOT IT RIGHT’ COMMENT
Roach’s removal is a significant win for Anthony’s new legal team, but it does not erase his conviction or sentence. The far more consequential question is whether Chitty will grant Anthony a new trial.
Karmelo Anthony is pictured after being transferred to the custody of the Texas Department of Criminal Justice. He was transported to his unit of assignment at the Pack Unit near Navasota. (Texas Department of Criminal Justice)
Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal did not change his view of the case because it did not alter the evidence that led to Anthony’s conviction.
“It’s just one step in a long journey,” Metcalf said Wednesday on “The Will Cain Show.” “It doesn’t really change the facts.”
Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf, whom prosecutors said he fatally stabbed during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.
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File photo of Austin Metcalf, a junior at Memorial High School in Frisco, who was stabbed in the chest allegedly by 17-year-old Karmelo Anthony, a student-athlete from Frisco Centennial High School. (Courtesy Jeff Metcalf)
Criminal appellate lawyer Brett Ordiway said motions to remove a judge are difficult and uncommon, but a motion for a new trial is a much steeper legal climb.
“Granting that motion wipes out the conviction and the sentence altogether and gives Karmelo Anthony a new trial,” Ordiway told Digital. “It is very, very difficult to win these motions in any case, and I would be surprised if they were successful here.”
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Anthony’s attorneys argued Roach could not fairly consider the new-trial request because his public comments addressed the same issues they raise in their motion, including courtroom access.
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File photo of Jeff Metcalf with his son, Austin Metcalf, a junior at Memorial High School in Frisco, who was stabbed in the chest allegedly by 17-year-old Karmelo Anthony, a student-athlete from Frisco Centennial High School. (Courtesy Jeff Metcalf)
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.
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Anthony’s lawyers also accuse prosecutors of breaking an off-the-record agreement about character evidence and alleged acts unrelated to the murder charge. They argue the dispute forced Anthony to choose whether to testify while risking the introduction of evidence they say could unfairly prejudice jurors.
The new-trial motion also challenges the jury instructions, arguing they limited jurors’ ability to fully consider Anthony’s claim of self-defense.
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Accused killer Karmelo Anthony walks out of jail after posting bond. (KDFW)
Chitty’s timeline is unusually short. Anthony was sentenced June 9, and Texas rules require a judge to rule on a motion for a new trial within 75 days of sentencing. That deadline falls Monday.
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“If the judge does not grant the motion by Monday, then by operation of law, the motion will be denied,” Ordiway said.
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If Chitty grants the motion, Anthony’s existing conviction and sentence would be set aside. Ordiway said the case would effectively return to the point before Anthony was convicted and sentenced, allowing Anthony to pursue another jury trial or negotiate a plea agreement.
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If the motion is denied, Anthony’s legal fight will continue on direct appeal, a process that differs sharply from the fast-moving new-trial request.
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A direct appeal is decided by a three-judge panel of the Texas Fifth Court of Appeals in Dallas and can take a year or longer, Ordiway said. Appeals generally focus on legal errors raised and decided in the trial court, while a motion for a new trial gives the trial court an opportunity to correct alleged errors soon after a conviction.
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Anthony filed both the recusal motion and his request for a new trial on July 7. Roach referred the recusal request for assignment to another judge under Texas procedure.
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Digital has reached out to Anthony’s defense team for comment.
