Tanner Horner, the FedEx driver convicted of murdering 7-year-old Athena Strand, has filed a motion for a new trial, asserting that pervasive media coverage prevented him from receiving a fair hearing. Horner, 34, was sentenced to death by lethal injection in May for the November 2022 kidnapping and murder of Strand. His legal team contends that extensive media attention created a hostile environment, intimidating witnesses and leading to social media outrage.
According to the motion filed on June 4, Horner's attorneys argued that the trial court's measures were insufficient to counteract the intense scrutiny surrounding the case. The filing specifically cited five defense witnesses who allegedly withdrew from testifying due to threats and pressure stemming from media publicity. Horner's attorney, Thea Posel, stated that the relentless media presence fueled social media outrage, ultimately impacting potential witnesses.
Wise County District Attorney James Stainton commented that motions for new trials are a standard legal procedure. Prosecutors, represented by Jeffrey Shell, responded with a 12-page filing on June 23, arguing that Horner's motion should be denied. They asserted that no rule prohibits media coverage of criminal trials and that the court has no duty to investigate the impact of media attention on the jury.
Horner pleaded guilty to capital murder and aggravated kidnapping on April 7, just hours before his trial was scheduled to begin. The case was moved to Tarrant County in September 2024 after an initial judge determined that local media attention in Wise County had been significant. The trial was moved to Tarrant County in September 2024 after a judge found the case had attracted significant media attention.
Horner was delivering a package, a set of Barbie dolls intended as a Christmas gift for Athena, to her family home in Paradise, Texas, in December 2022. He lured the child into his FedEx truck, where she was killed. Investigators identified Horner after reviewing video footage showing him with Athena inside his vehicle. He was arrested on December 2, 2022. Prosecutors presented evidence, including audio and video recordings, detailing the abuse Athena endured before her death and her body was found approximately nine miles from her home two days later.
During the sentencing phase, Horner's defense team presented expert testimony regarding his autism diagnosis, past lead exposure, and difficult childhood, seeking a sentence of life without parole. However, the jury deliberated for less than three hours before unanimously sentencing Horner to death, determining he posed a continued danger to society.
Derek Adame, a criminal defense attorney not involved in the case, explained that new trial motions are common, particularly in death penalty cases, serving as a tool to potentially restart proceedings if successful. He noted that the bar for granting such a motion is high, typically requiring the emergence of new evidence. Adame suggested that while claims of excessive media coverage alone may not be sufficient, a stronger argument could be made if it's proven that witnesses were intimidated and that their testimony might have altered the trial's outcome. He also indicated that such motions can lay the groundwork for future appeals, even if denied, by establishing a court record.
Horner is currently on death row at the Allan B. Polunsky Unit in Livingston, Texas. His team has also initiated an appeal with the Texas Court of Criminal Appeals, which is mandatory for all death penalty cases in the state.