Texas judge who presided over Karmelo Anthony murder trial removed from case over ‘got it right’ comment
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Judge in Karmelo Anthony case was ‘protecting the courtroom from the mob,’ attorney says
Attorney Mehek Cooke discusses Judge John Roach’s decision to ban cameras from Karmelo Anthony’s murder trial on ‘Fox Report.’
A Texas judge granted Karmelo Anthony’s request Wednesday to remove the judge who presided over his murder trial from the post-trial case, finding that a reasonable outside observer could question whether the judge appeared impartial.
Judge John Roach, who presided over Anthony’s June murder trial, was removed after Anthony’s attorneys played Roach’s post-trial WFAA interview in court and argued his remarks showed he had already prejudged the defense’s request for a new trial.
Harle said Wednesday he did not know Roach and described recusal as a high bar. He said he did not find that Roach violated judicial conduct rules and believed Roach could be fair.
But Harle said the question was not whether Roach could be fair. He found that a third party looking at Roach’s public comments could question the judge’s impartiality and granted the recusal motion.
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Retired District Judge Michael Chitty has been assigned to preside over Anthony’s motion for a new trial, scheduled for 9 a.m. Thursday, the court confirmed.
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)
The recusal hearing started around 9 a.m. Wednesday. Court records identified Judge Sid Harle as the presiding judge.
Anthony attended Wednesday’s hearing after a bench warrant had been issued in the case.
He was convicted in June of murdering 17-year-old Austin Metcalf, who 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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Wilson leads Anthony’s legal team, which filed two motions July 7 – one to recuse Roach and the other seeking a new trial. The new-trial hearing is scheduled for 9 a.m. Thursday.
The defense argues Roach cannot fairly rule on the post-trial motions because of remarks he made to reporters after the verdict.
Austin Metcalf, left, is pictured with his father, Jeff, top right, and with his twin brother, Hunter, bottom right. (Jeff Metcalf)
The filing cites comments in which Roach said the jury “got it right” and defended several trial rulings, including his handling of courtroom access and the dismissal of three Black prospective jurors.
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Anthony’s attorneys contend those comments have created the appearance that Roach prejudged the defense’s claims.
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The filing does not directly challenge Anthony’s guilt or innocence. Instead, it alleges constitutional and legal errors that the defense says deprived him of a fair trial.
A courtroom sketch shows Judge John Roach overseeing proceedings in the Karmelo Anthony murder trial. (Pat Lopez)
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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.
Anthony’s lawyers also accuse prosecutors of breaking an off-the-record agreement about character evidence and other alleged acts unrelated to the murder charge. They argue the dispute forced Anthony to decide whether to testify while risking the introduction of evidence they say could unfairly prejudice jurors.
The defense also challenges the jury instructions, arguing they limited jurors’ ability to fully consider Anthony’s claim of self-defense.
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Roach referred the recusal request to another judge under Texas procedure.
Wednesday’s ruling means another judge will handle Anthony’s remaining trial-court proceedings, including his request for a new trial.
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Fox News Digital has reached out to Anthony’s defense team for comment.
Original source: https://www.foxnews.com/
