A newly assigned judge has until Monday to decide whether Karmelo Anthony's murder conviction and 35-year sentence will stand, after the judge who presided over his trial was removed from the case.
Retired District Judge Michael Chitty is scheduled to hear Anthony's motion for a new trial on Thursday. This follows Judge Sid Harle's decision on Wednesday to remove Judge John Roach, who had presided over Anthony's trial. Harle determined that Roach's impartiality could be questioned after he stated in a post-trial television interview that the jury "got it right" and defended his trial decisions.
Roach's recusal represents a significant development for Anthony's new legal team, though it does not automatically overturn his conviction or sentence. The critical question remains whether Chitty will grant Anthony a new trial.
Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf. Prosecutors stated that Anthony fatally stabbed Metcalf during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.
Austin Metcalf's father, Jeff Metcalf, commented that Roach's removal did not alter his perspective on the case, as it did not change the evidence leading to Anthony's conviction. "It’s just one step in a long journey," Metcalf said. "It doesn’t really change the facts."
Criminal appellate lawyer Brett Ordiway explained that while motions to remove a judge are uncommon, a motion for a new trial presents a more substantial legal challenge. "Granting that motion wipes out the conviction and the sentence altogether and gives Karmelo Anthony a new trial," Ordiway told Fox News Digital. "It is very, very difficult to win these motions in any case, and I would be surprised if they were successful here."
Anthony's attorneys contend that Roach could not fairly evaluate the new-trial request because his public statements addressed issues raised in their motion, including courtroom access. The motion argues that Anthony's trial was not sufficiently open to the public, with cameras barred from the courtroom and only 27 seats available for the public.
Furthermore, Anthony's legal team accuses prosecutors of breaching an off-the-record agreement regarding character evidence and acts unrelated to the murder charge. They claim this dispute forced Anthony to decide whether to testify, risking the introduction of evidence they argue could unfairly prejudice jurors. The new-trial motion also challenges the jury instructions, asserting they limited the jury's ability to fully consider Anthony's self-defense claim.
Chitty's timeline for a decision is exceptionally short. Under Texas rules, a judge must rule on a motion for a new trial within 75 days of sentencing. Anthony was sentenced on June 9, making Monday the deadline for the motion. "If the judge does not grant the motion by Monday, then by operation of law, the motion will be denied," Ordiway stated.
Should Chitty grant the motion, Anthony's current conviction and sentence would be vacated, effectively returning the case to its pre-conviction status. This would allow Anthony to pursue another jury trial or negotiate a plea agreement. If the motion is denied, Anthony's legal efforts will proceed to a direct appeal, a process that differs significantly from the immediate new-trial request. A direct appeal is typically heard by a three-judge panel of the Texas Fifth Court of Appeals in Dallas and can take a year or longer to resolve. Appeals generally focus on legal errors identified and ruled upon in the trial court, whereas a motion for a new trial provides the trial court an opportunity to rectify alleged errors shortly after a conviction.