Attorneys for Karmelo Anthony filed an appeal Tuesday and asked for a new trial after a jury last month convicted him of murdering Austin Metcalf and sentenced him to 35 years in prison. The filing asks a court to reopen a case that grew out of a fatal stabbing at a track meet in Frisco, Texas.
Anthony is 19. His legal team says the trial went wrong in several ways, including limits on public access, a fast-moving schedule, and a ruling that gave the defense ten minutes to advise him on whether to waive his Fifth Amendment privilege and testify.
Karmelo Anthony appeal filing
The appeal says the court erred when it restricted public access to the trial. It also says there was an unwritten agreement between the state and defense to keep certain character and extraneous-offense evidence out of the case, but prosecutors later repudiated that understanding.
According to Anthony’s attorneys, that repudiation kept him from testifying on his own behalf. They also said several defense witnesses could not appear for a court date on a Saturday.
Bill Wirskye rejects complaints
Collin County prosecutor Bill Wirskye rejected the complaints in the appeal, calling them “inaccurate characterizations of the trial proceedings.” He said, “I and the entire prosecution team conducted this trial ethically and in full compliance with the Court’s rulings and any agreements with defense counsel,” and added that “The jury heard extensive evidence over the course of the trial and returned a unanimous verdict. We remain confident in that verdict and the fairness of the proceedings.”
That dispute leaves the sentence intact for now. The appeal seeks a new trial, but it also asks a court to examine whether the trial process kept Anthony from presenting the defense he wanted.
Judge John Roach interview
Anthony’s attorneys also filed a separate request to remove state District Court Judge John Roach from the case. They say Roach violated judicial standards on objectivity after an interview with WFAA in which he said, “whatever they say... they get it right,” and described Anthony as “a nice young man” who “understands today... the consequences of committing a crime like... he did.”
The attorneys also said Roach defended the jury selection in that interview. They noted that the jury did not include a single Black person. Roach later defended his ruling on media access in a statement to and wrote a signed public letter on the website of Collin County, calling the trial “one of the great honors of my judicial career” and thanking those who worked to ensure the process was conducted fairly.
The appellate court now has to decide whether the conviction stays in place or Anthony gets another trial. That review will also determine whether Roach stays on the case while the fight over the sentence and the trial record continues.
