Tanner Horner, the FedEx driver convicted of murdering 7-year-old Athena Strand, has filed a motion seeking a new trial. Horner's legal team argues that extensive media coverage surrounding the case created an environment where a fair trial was impossible.
The motion, filed on June 4, asserts that widespread publicity and social media outrage led to threats against potential defense witnesses, causing five of them to withdraw their testimony. According to Horner's attorneys, the precautions taken by the trial court were insufficient to shield the proceedings from prevailing hostility and scrutiny.
Horner, 34, was sentenced to death by lethal injection in May for the November 2022 kidnapping and murder of Strand. He had pleaded guilty to capital murder and aggravated kidnapping just hours before his trial was set to begin. Investigators had tracked a package containing a Christmas gift for Strand to Horner, and video evidence showed him placing the child inside his FedEx truck.
Prosecutors presented evidence during the trial that included audio and video recordings depicting the abuse Strand endured before her death. Her body was discovered approximately nine miles from her home two days after she was abducted while Horner was making a delivery at her family's residence in Paradise, Texas.
Wise County District Attorney James Stainton commented that motions for new trials are a common procedural step in many cases. State prosecutor Jeffrey Shell filed a response arguing that Horner's motion should be denied, stating that no rule prohibits media coverage of criminal trials and that the court had no duty to investigate the effects of media attention on the jury.
Judge George Gallagher, who presided over the trial, has issued a protective order sealing documents related to Horner's motion while the court considers the request. The order aims to protect the integrity of the case, the privacy of individuals involved, and Horner's right to a retrial if granted.
Legal experts note that new trial motions are frequently filed, particularly in death penalty cases, as a standard legal strategy. Derek Adame, a Denton County criminal defense attorney not involved in the case, explained that such motions can serve to build a record for potential future appeals, even if unlikely to be granted. He indicated that while claims of excessive media coverage alone are rarely sufficient for a new trial, a stronger argument could be made if the defense can demonstrate that witnesses were genuinely deterred from testifying and that this impacted the trial's outcome.
Horner's initial trial venue was moved to Tarrant County in September 2024 due to significant media attention in Wise County. He remains on death row at the Allan B. Polunsky Unit in Livingston, Texas. Horner's defense team had previously presented testimony regarding his autism diagnosis, lead exposure, and troubled childhood in an effort to spare him the death penalty. The jury deliberated for less than three hours before unanimously sentencing him to death, concluding he posed a continuing danger to society.