Defense says Karmelo Anthony appeal is strengthened despite new trial denial

COLLIN COUNTY, Texas - Karmelo Anthony’s bid for a new trial may be over, but his defense team says the fight over his conviction is not.

Even though Anthony’s motion for a new trial was denied, defense attorney Russell Wilson said the allegations and evidence presented during the hearing put the team in a stronger position for the next phase of the appeals process.

Focus on appeal after denied retrial

What we know:

During the hearing, Anthony’s new legal team presented information Wilson said will now be part of the record that follows the case to the court of appeals.

Some of that information included allegations of damaging character evidence about the victim, 17-year-old Austin Metcalf, including past aggressive and reportedly racist behavior.

The state also presented its own discovery of damaging evidence in Anthony’s past, including threats of violence, physical fighting and an obsession with knives.

The jury did not hear that information during the trial because prosecutors and Anthony’s trial attorneys made a so-called gentleman’s agreement not to bring it up and to limit evidence to what happened under the tent during the Frisco track meet where Metcalf was stabbed.

Anthony was convicted of murder in June and sentenced to 35 years in prison in Metcalf’s death.

Victim’s family and legal teams react

What they're saying:

"So when you go on appeal, the information in the record is what the appellate court has to review, and so a lot of the information that we put in the record wasn’t in the record before we started," Wilson said. 

"And, of course, we talked about what both sides gave up. The court needed to get that information to understand that this wasn’t just some small agreement, that it was an agreement of substantial proportions that impacted the case."

Anthony’s trial attorneys testified that the agreement played a crucial role in the 19-year-old’s decision not to testify because he was worried his past would be brought up during cross-examination.

In a news conference earlier this week, Jeff Metcalf said he was not aware of the agreement until the end of the trial. He also addressed his son’s behavior.

"The stuff that came out, I’m not proud of my boys for that," Jeff Metcalf said. "They got punished at home for that. I don’t condone it. It’s not what I believe."

Dig deeper:

The case has become racially charged, in large part because of misinformation spread online. When asked whether race had anything to do with the case, Wilson said he could not rule it out.

"So, we do think it was part of it because there was, in our view, a pattern of aggressive acts towards people of color. So, that’s a factor we think should be considered. Court could say, ‘Well, no, that’s not relevant here and shouldn’t be considered,’" said Wilson.

Wilson also presented evidence to support the defense’s claims that the trial violated Anthony’s constitutional rights, including claims involving public access to the trial and pretrial proceedings.

Wilson said all of that information from the motion hearing will be entered into the record and sent to the appeals court for review. He believes it dramatically improves the defense’s position.

"From there, depending on what happens, either side could appeal that decision, and it could go to the Texas Court of Criminal Appeals and from there, there’s still the possibility of other appeals and federal courts," Wilson said.

Timeline for Karmelo Anthony's appeal

What's next:

The appeals process takes time, and Anthony likely will not get a hearing until 2027. Wilson said there could be movement in legal filings from both sides before then and that the defense is prepared to exhaust all appeal options.