Defense wants Athena Strand murder suspect's police interviews thrown out

A trial date has been set for the former FedEx driver accused of kidnapping and killing 7-year-old Athena Strand in Wise County.

Tanner Horner’s defense team is also still waiting for the judge to rule on whether all or part of his jailhouse interviews will be allowed as evidence because of a possible violation of his Miranda Rights.

Tanner Horner’s Capital Murder Trial

What's new:

Tanner Horner’s capital murder trial for Strand's death is now set for April 7, 2026.

During continued pretrial hearings on Tuesday, prosecutors called several witnesses to the stand in an effort to have them qualified as experts. They specialize in fields such as cellular data and digital forensics.

Judge George Gallagher is also still listening to six hours of police interviews to rule on a defense request to suppress all or part of those interviews.

Defense attorneys want to block them over claims that police did not read Horner his Miranda Rights.

Related

Athena Strand Murder: Judge denies defense motion to delay trial

A judge has denied a request to delay the trial of a former FedEx driver who is accused of kidnapping and killing a 7-year-old girl in Wise County.

Dig deeper:

Documents detailing the motion include these excerpts:

HORNER: "What happens if I get an attorney right now?"

INVESTIGATOR: "If you get an attorney right now/ I mean that’s you choice, your legal right."

HORNER: "I know but what would happen?"

INVESTIGATOR: "You’re still going to go through the process of going to jail. You’re still going to do all that. So I’d like you to be honest with us and finish this out."

The document goes on to state that Horner did not understand his right to counsel and could not knowingly and intelligently waive that right.

It adds the state failed to facilitate Horner's access to counsel, which renders any statements made by him inadmissible in any criminal proceeding.

Athena Strand’s Murder

The backstory:

According to police documents, Horner confessed to accidentally hitting Strand with his delivery truck in her family’s driveway in Wise County in 2022.

He reportedly told police during a jailhouse interview that he panicked and killed the little girl.

Strand's body was found two days later on a roadside. She had been strangled.

Related

Report: Athena Strand’s capital murder trial moved

Tanner Horner, the man accused of murdering 7-year-old Athena Strand in Wise County will go to trial in Tarrant County instead, according to a new report.

Horner pleaded not guilty to capital murder and kidnapping.

Wise County Sheriff Lane Akin previously said prosecutors will seek the death penalty.

The trial is being held in Tarrant County because Horner's defense team successfully argued he would not get a fair trial in Wise County.

The Source: FOX 4's Dionne Anglin gathered information for this story by attending Tuesday's pretrial hearing. Other details come from past news coverage.

Athena StrandWise CountyCrime and Public SafetyFort Worth