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A Tarrant County judge has denied Tanner Horner\u2019s motion for a new trial filed earlier this summer.<\/p>\n
Horner was given the death sentence in May for the 2022 murder of 7-year-old Athena Strand. On June 4, Horner\u2019s appellate attorney Thea Posel filed a motion for a new trial as part of the appeal process in the case.<\/p>\n
Since Judge George Gallagher did not specifically rule on the motion, it was overruled as a matter of law, according to the Wise County District Attorney\u2019s office.<\/p>\n
Horner\u00a0pleaded guilty to capital murder<\/a>\u00a0at the beginning of his trial in April and was later\u00a0given the death penalty\u00a0<\/a>by a Tarrant County jury May 5.<\/p>\n According to the motion filed June 4 in 297th District Court in Tarrant County, Horner argued he was entitled to a new trial due to issues created by media coverage of the trial, which was described in the court filing as \u201cpervasive and inflammatory.\u201d<\/p>\n The motion said that several defense witnesses who had cooperated up until the trial ultimately decided not to testify due to fear of their reputation and safety.<\/p>\n \u201cThree witnesses specifically indicated that the media coverage, content, or attention therefrom influenced their desire not to testify, and each were afraid of being associated with the case and the potential personal consequences,\u201d the motion stated.<\/p>\n Horner\u2019s brother, who had agreed to be a witness for the defense, also later indicated he no longer was willing to testify, according to the court document. It said that he was \u201cfreaked out\u201d and \u201cconcerned about his upcoming parole.\u201d<\/p>\n Posel argued in the motion that these witnesses would have provided crucial evidence the defense needed to argue for a life sentence rather than the death penalty.<\/p>\n The motion also argued that the trial court did not take sufficient steps to ensure trial coverage did not influence the jurors\u2019 deliberations in the case. It also took issue with the trial court\u2019s decision to allow video cameras in the courtroom.<\/p>\n \u201cThe media environment and intense scrutiny surrounding the proceedings in this case and the prevailing hostile community sentiment fueled by the trial court\u2019s decision to allow cameras to livestream the entirety of the proceedings materially disadvantaged the defense,\u201d the motion argued.<\/p>\n