Tanner Horner Trial Day 9: Tanner Horner's mother testifies for his defense
Tanner Horner's mother breaks down during testimony
The mother of Tanner Horner broke down on the stand today during the third week of the trial to decide whether Athena Strand's convicted killer will get the death penalty or life in prison. FOX 4's Peyton Yager has more.
FORT WORTH, Texas - The sentencing phase for Tanner Horner resumed on Wednesday as his defense attorneys began calling expert witnesses in an effort to spare his life. Jurors also heard from Horner's mother.
Horner pleaded guilty to capital murder and kidnapping in the 2022 death of 7-year-old Athena Strand. He admitted to abducting the child while delivering a package to her Wise County home on Nov. 30, 2022.
The jury must now determine if Horner will be sentenced to death or life in prison without the possibility of parole.
Tanner Horner's mother testifies in son's defense
Tanner Horner's mother was put on the stand today by his defense as they try to keep Athena Strand's killer out of the Texas death chamber. FOX 4's Dionne Anglin has more.
Live Updates
2:30 p.m. Done for the day
Testimony is done for Wednesday. The court will resume at 9 a.m. on Thursday morning.
2:15 p.m. Great aunt testifies
Dottie, Horner’s great aunt, was called to testify next. She answered questions about the Horner family and his rambunctious childhood. She spoke of how Horner and his father would live with her mother at times and how Horner's dad had issues with drugs. Horner's father served time in jail.
1:30 p.m. Mom continues testimony
Horner's mother returned to the stand after the lunch break to talk more about her son's lack of interaction with other kids when he was younger, then taking him to a center where he was rigorously tested.
"After they tested him, were they able to come up with a diagnosis?" the defense asked.
"Asperger's syndrome," she replied.
"Did he have any other medical diagnosis during his childhood," the defense asked.
"They would call it, they kept telling me it was ADHD, but it wasn't. They were always trying to treat him for something he didn't have. The medicine would always change him and make him something he wasn't," she said.
Horner's mother said he often had meltdowns, which she assumed were temper tantrums when he was younger. But when he started getting bullied in school, he would act out violently by hitting himself in the head. However, she said he never tried to hit her or other people.
She also described Horner's behavior with his own child. She said he was excited about the baby but scared just like most new fathers. The defense shared a video of Horner celebrating after his young son took his first steps.
Tanner Horner's Mom: 'I want to tear his a-- up'
Tanner Horner's mother admitted that while she still loves her son, she's so angry about what happened. "She was just a baby," Mrs. Horner cried.
Horner’s mother broke down in tears when the defense began asking her about Athena’s murder.
"Are you angry with Tanner?" the attorney asked.
"I’m so mad at him. I want to just tear his a-- up," she cried. "She was just a baby."
"Mrs. Horner, in spite of everything you know about this case, do you still love your son?" the defense asked.
"Of course I love my son," she said. "I don’t love who did that, though. I don’t know who that was."
Under cross-examination, Horner's mother admitted to prosecutors that she has been watching a live stream of the trial and now believes the evidence, despite her son's denial, that he sexually assaulted Athena before strangling her.
"Now that you've seen those things, what is your understanding?" the prosecutor asked.
"I don't know what to say. I'm so sorry," she sobbed. "I don't know what to say."
12:05 p.m. Lunch break
The trial took an hour-long recess for jurors to have lunch.
11:15 a.m. Horner's mother testifies
Tanner Horner's mom testifies about drug use | FULL
The mother of the man who pleaded guilty to murdering 7-year-old Athena Strand testifies about her challenging upbringing, which included a history of teen pregnancy, drug abuse, and sexual abuse by her stepfather. She admitted to using heroin and drinking heavily before learning she was pregnant with Tanner Horner.
Horner's mother took the stand to answer questions about her life and her son's childhood. She asked for her face not to be shown on camera.
Horner's attorney focused on his mother's challenging upbringing, which included a history of teen pregnancy, drug abuse, and sexual abuse by her stepfather.
She answered questions about dropping out of school and becoming a stripper. She admitted to the court that her drug of choice was heroin, but she also admitted to using meth and drinking alcohol.
"What did you do to get up courage to go up on the stage?" the defense asked.
"Drink. Drink heavily," she replied.
She said before she found out she was pregnant with Horner, she was doing "anything I could get my hands on." She said she did try to stop when she found out she was pregnant. She was 8 or 9 weeks along when she found out.
9:10 a.m. Psychologist testifies
John Edens, a psychologist and professor at Texas A&M University, testified about his experience with development disorders and personality disorders, including the differences between the two.
He also talked about his research and work with prison systems to identify the risk factors for violent behaviors among the incarcerated.
What's next in Tanner Horner's trial
What we know:
After a two-day break, the defense will present its evidence.
During opening statements, defense counsel indicated they would present testimony regarding Horner’s diagnoses of autism spectrum disorder (formerly referred to as Asperger’s syndrome) and other mental illnesses. They also intend to introduce evidence of fetal alcohol exposure and childhood lead exposure as mitigating factors.
State rests after graphic testimony
Trial Video: Tanner Horner cleaning FedEx truck after killing Athena Strand
Video shown in the capital murder trial of Tanner Horner on Thursday shows events after he killed 7-year-old Athena Strand and dumped her body. He drove to a gas station to clean the inside of the FedEx truck then went to the FedEx facility. He then called the dispatch and requested the same truck for the next day. He said "it smells like barf in here" and that "it must have been something I ate."
The prosecution rested its case Thursday after presenting harrowing evidence of the child's final moments. Since the trial paused, Athena’s mother, Maitlyn Gandy, announced the launch of a nonprofit, "Athena Strand’s Army by Mommy," aimed at advocate for nationwide changes to Amber Alert requirements.
Athena Strand Murder: Tanner Horner Trial Recap
Day 8: Audio Evidence of Athena Strand’s Final Moments Played for Jury
In the most harrowing day of the trial, jurors heard audio recorded inside Horner’s FedEx delivery van. The recording captured the child talking to Horner about her school and teacher before the situation turned violent. Several jurors wept as the room fell silent; Horner was observed looking away from the screen as the struggle began.
Day 7: Athena Strand’s Mother Testifies; DNA Evidence Linked to Tanner Horner
Maitlyn Gandy, Athena’s mother, testified about her final moments with her daughter, recalling a promise to see her that Friday for Christmas lights. Later, a Texas DPS forensic analyst testified that Horner’s DNA profile could not be excluded from samples collected in a sexual assault kit.
Day 6: Forensic Experts Detail DNA Evidence Found on Athena Strand’s Clothing
Forensic analysts testified that male DNA was detected on swabs from the child’s sexual assault kit and under her fingernails. While the defense questioned the precision of the DNA quantification, experts maintained that the presence of male DNA was significant.
Day 5: Medical Examiner Reveals Athena Strand’s Cause of Death; Jailhouse Letters Shown
Medical examiner Dr. Jessica Dwyer testified that Athena died from blunt force injuries, smothering, and strangulation, stating she believed the child suffered. The jury also reviewed letters Horner wrote in jail; one blamed a "mental breakdown," while another claimed an unidentified man forced him to commit the crime.
Day 4: Jury Hears Testimony Regarding Tanner Horner’s ‘Zero’ Alter Ego
Jurors watched video of investigators questioning Horner about the location of the body. In the footage, Horner spoke as an alter ego he called "Zero," claiming he found the situation "funny." A Texas Ranger testified that Horner’s physical demeanor would change significantly when he allegedly switched personalities.
Day 3: Interrogation Video Shows Tanner Horner Negotiating for Christmas Release
Additional body camera footage showed Horner asking investigators to let him out of jail for a month to spend Christmas with his family in exchange for the location of the victim's body.
Day 2: How Investigators Used ‘Zero’ Personality to Locate Athena Strand’s Body
Authorities testified that Horner initially led them to the wrong location. Investigators stated they were only able to locate the child after changing their interrogation tactics to address Horner directly as his alter ego, "Zero."
Day 1: Tanner Horner Pleads Guilty to Capital Murder of Athena Strand
The trial began with Horner’s unexpected guilty plea to capital murder. Prosecutors described Athena as a "warrior" who fought her attacker, while the defense pivoted immediately to the sentencing phase, focusing on Horner’s mental health history.
Tanner Horner Trial Daily Recaps
- Day 1 - Tanner Horner pleads guilty
- Day 2 - Tanner Horner discusses alter ego ‘Zero’
- Day 3 - Tanner Horner interrogation shown to jury
- Day 4 - Investigators share details about FedEx ‘abduction van’
- Day 5 - Phone calls with family members, ME testifies
- Day 6 - Women accuse Tanner Horner of sexual assault
- Day 7 - Athena Strand's mother testifies
- Day 8 - Audio evidence of Athena Strand’s final moments
Athena Strand's Death
The backstory:
Horner was charged with capital murder for the death of 7-year-old Athena Strand outside her family’s Wise County home on Nov. 30, 2022.
A contract delivery driver working for FedEx at the time, Horner was delivering what was meant to be a Christmas present for the young girl.
Horner told investigators he accidentally hit Athena with his van while delivering a package to her home. She reportedly survived, but Horner told authorities he panicked and kidnapped her, later strangling her to death.
Athena was reported missing, and eventually an Amber Alert was issued, leading to 72 hours of searching. She was found dead in Boyd, Texas, not far from her family's home.
Athena Alert
Big picture view:
After Athena Strand's case, Texas Legislators passed a new bill that created a version of an Amber Alert known as the ‘Athena Alert.’
The new law allows authorities to issue an Amber Alert for a missing child that doesn’t have to meet all of the initial criteria.
Under the Athena Alert law, an Amber Alert can still go out even though authorities haven’t confirmed a missing child was kidnapped.
The alert would be able to be sent out to a 100-mile area around the disappearance and adjacent counties.
DPS emphasizes that this is not a new type of alert. All alert messages will still be referenced as an Amber Alert.
The Source: The information in this story comes from trial testimony and past news coverage.