A judge has denied Karmelo Anthony’s request for a new trial in the murder of Austin Metcalf, after his new defense team sought one following his conviction earlier this summer.
Judge Michael Chitty made his decision on Saturday after hearing two-days’ worth of testimony from both Anthony’s legal team and the state.
“Upon reviewing the motion, the record, the evidence and argument, the briefs, and the relevant case law, the Court has determined that the motion should be denied,” the judge’s order states. “It is therefore considered, ordered, and adjudged by the Court that the Motion for New Trial is denied.”
Anthony fatally stabbed Austin Metcalf at a Frisco, Texas, high school track meet after an argument broke out between the two 17-year-olds on April 2. Anthony pleaded self-defense, but a jury found him guilty of murder and sentenced him to 35 years behind bars on June 9.
The now 19-year-old’s new legal team filed a motion for a new trial last month, arguing that constitutional errors tainted the case from the start.
Breaking: Karmelo Anthony’s motion for a retrial has been denied. | Judge Michael Chitty has denied the defense request after the 2 day hearing. This is the order.
by u/andmario_com in BlackPeopleofReddit
A New Judge
Anthony’s quest for a retrial began Wednesday as his defense team argued that original Judge, John Roach should be recused from further proceedings.
The defense pointed to an interview Roach gave to WFAA-TV days after Anthony was convicted, arguing the judge’s public comments about the case violated judicial ethics and created an appearance of bias.
During the interview Roach told a reporter, “Whatever they say, they got it right,” when talking about the verdict.
“We believe based on the interview that was done, he could not be fair and impartial,” attorney Russell Wilson said during the hearing.
Visiting Judge Sid Harle listened to the 18-minute, unedited recording of Roach’s interview. He removed Roach from the case saying that the interview was damaging to the appearance of impartiality.
Hearing Brings New Allegations
Anthony’s retrial hearing began Thursday under newly appointed Judge Michael Chitty.
According to CBS News Texas, 20 pages of previously suppressed records have now surfaced, detailing shocking allegations against both sides
Prosecutor Bill Wirskye told the court that Anthony texted, “I’m low key on the verge,” on the morning of the stabbing. He also pointed to a separate message in which he said Anthony fantasized about stabbing someone and “licking the blood off the blade.”
Records introduced by the defense showed that Metcalf and his twin brother, Hunter, were caught spray-painting racist and antisemitic graffiti, including the phrase “KKK kill all blacks.” Following the graffiti incident, both brothers were placed on 12 months of juvenile probation.
There were also reportedly several documented instances of Austin Metcalf using racial slurs at school, including a 2023 allegation that he bullied a Black classmate.
Prosecutor Takes the Stand
Wirskye stepped up to the witness stand on day two despite strong objections from Anthony’s legal team.
Wirskye testified that the state planned to use evidence against Anthony during the punishment phase of the trial but “gave up a bunch” of it because of an off-the-record “gentleman’s agreement” with Anthony’s trial attorneys, Toby Shook and Mike Howard.
Before the trial began, both the prosecution and the defense entered into a handshake agreement to keep damaging character evidence about Anthony and Austin Metcalf away from the jury and the public.
On cross-examination, new defense attorney Russell Wilson peppered Wirskye with questions, pressing him on why the “gentleman’s agreement” was never put in writing. Wilson claimed Wirskye called the idea a “fool’s errand.”
Howard, Anthony’s lead trial attorney, previously testified that after the prosecutors rested their case they declared they would consider the agreement nullified if Anthony testified, which was the reason the teenager ultimately didn’t take the stand, leaving their case derailed.
Anthony has maintained that he acted in self-defense.
