Judge denies Karmelo Anthony's bid for new trial after ex-lawyers detail dispute that kept him from testifying
Karmelo Anthony’s conviction and 35-year prison sentence will stand after a Texas judge formally denied his bid for a new trial, leaving the former high school athlete to continue his fight on appeal.
Retired District Judge Michael Chitty signed the order Saturday after reviewing Anthony’s motion, the court record, evidence and arguments, briefs and relevant case law. The order was filed Monday and does not detail the judge’s reasoning for denying a new trial.
The decision leaves Anthony’s murder conviction and 35-year prison sentence in place. His challenge will continue on direct appeal.
Collin County District Attorney Greg Willis said his office expected the decision and remains confident in 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," his statement said.
"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 removed the judge who presided over Anthony’s murder trial, Judge John Roach, from the remaining trial court proceedings earlier this week.
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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.
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.
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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.
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