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A Texas judge will hear arguments Wednesday over whether the judge who presided over Karmelo Anthony’s June murder trial should be removed from his post-trial case, one day before a separate hearing on the convicted murderer’s request for a new trial.
Anthony’s new legal team, led by Attorney Russell Wilson II, has asked another judge to remove Judge John Roach from all remaining proceedings, arguing Roach’s public comments after the trial created an appearance of bias.
The recusal hearing is scheduled for 9 a.m. Wednesday. Court records identify Judge Sid Harle as the presiding judge.
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Anthony is expected to attend Wednesday’s hearing, a Collin County official told Fox News Digital. The official said a bench warrant had been issued in the case.
Karmelo Anthony is pictured after being transferred to the custody of the Texas Department of Criminal Justice. He was transported to his unit of assignment at the Pack Unit near Navasota. (Texas Department of Criminal Justice)
Anthony was convicted in June of murdering 17-year-old Austin Metcalf, who prosecutors said he fatally stabbed during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.
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Wilson leads Anthony’s legal team, which filed two motions July 7 – one to recuse Roach and the other seeking a new trial. The new-trial hearing is scheduled for 9 a.m. Thursday.
The defense argues Roach cannot fairly rule on the post-trial motions because of remarks he made to reporters after the verdict.
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Austin Metcalf, left, is pictured with his father, Jeff, top right, and with his twin brother, Hunter, bottom right. (Jeff Metcalf)
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The filing cites comments in which Roach said the jury “got it right” and defended several trial rulings, including his handling of courtroom access and the dismissal of three Black prospective jurors.
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Anthony’s attorneys contend those comments have created the appearance that Roach prejudged the defense’s claims.
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The filing does not directly challenge Anthony’s guilt or innocence. Instead, it alleges constitutional and legal errors that the defense says deprived him of a fair trial.
A courtroom sketch shows Judge John Roach overseeing proceedings in the Karmelo Anthony murder trial. (Pat Lopez)
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The motion argues Anthony’s trial was not open enough to the public. Cameras were barred from the courtroom and only 27 seats were available for members of the public.
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Anthony’s lawyers also accuse prosecutors of breaking an off-the-record agreement about character evidence and other alleged acts unrelated to the murder charge. They argue the dispute forced Anthony to decide whether to testify while risking the introduction of evidence they say could unfairly prejudice jurors.
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The defense also challenges the jury instructions, arguing they limited jurors’ ability to fully consider Anthony’s claim of self-defense.
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Roach referred the recusal request to another judge under Texas procedure.
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The outcome of Wednesday’s hearing could determine who handles Anthony’s new-trial motion and other remaining post-conviction matters in the trial court.
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Fox News Digital has reached out to Anthony’s defense team for comment.