Retired Judge Michael Chitty is reviewing Karmelo Anthony’s motion for a new trial in a hearing at the Collin County courthouse in McKinney. The proceedings, which are open to the public, began Thursday and are expected to continue Friday at 9 a.m..
Anthony was convicted of murder in June and sentenced to 35 years in prison for the fatal stabbing of Austin Metcalf at a high school track meet tent in Frisco. Anthony is Black; Metcalf was white.
Two motions — one for a recusal and another for a new trial — were filed, alongside a notice of appeal, shortly after sentencing.
The motion to retry the case spanned 63 pages and several allegations, including that prosecutors backed out of a “gentleman’s agreement” at the eleventh hour, derailing the defense team’s strategy. Anthony’s lead trial attorney said in an affidavit that the agreement barred both sides from mentioning details about Anthony and Metcalf’s character and past in front of the jury.
After a full day of court Thursday, testimony is expected to continue Friday at 9 a.m. The day is set to begin with Toby Shook, Anthony’s trial attorney, taking the stand. Chitty has until Monday to rule on whether Anthony should have a new trial; under Texas law, if he doesn’t, the motion will automatically be denied.