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Karmelo Anthony’s 35-year prison sentence is now hanging in the balance as a newly assigned judge faces a crucial deadline that could determine whether the convicted murderer gets a second trial.
Retired District Judge Michael Chitty is set to consider Anthony’s motion for a new trial after Judge Sid Harle removed former trial Judge John Roach from the case’s remaining proceedings.
Harle ruled that an outside observer could reasonably question Roach’s impartiality after the judge said in a post-trial television interview that the jury “got it right” and defended several of his decisions during the trial.
The removal was a significant development for Anthony’s defense team, but it did not overturn his conviction or sentence. The much bigger question is now whether Chitty will grant Anthony another trial.
Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf during an altercation at a track meet in Frisco, Texas. A Collin County jury sentenced him to 35 years in prison.
Austin’s father, Jeff Metcalf, said the latest development does not change his view of the evidence that led to Anthony’s conviction.
“It’s just one step in a long journey,” Metcalf said. “It doesn’t really change the facts.”
Anthony’s attorneys argue that Roach’s public comments involved issues directly raised in their new-trial motion, making it inappropriate for him to decide whether the conviction should stand.
Legal experts, however, say Anthony faces a difficult legal battle.
Criminal appellate lawyer Brett Ordiway said a successful new-trial motion would completely erase the conviction and sentence and put Anthony back in position to face the charges at a new trial.
“It is very, very difficult to win these motions in any case,” Ordiway said.
The decision could therefore become the most consequential development in Anthony’s case since his conviction.
If Chitty rejects the motion, Anthony’s conviction and 35-year sentence remain intact as his legal team pursues further appeals. If Chitty grants the motion, the conviction and sentence would be wiped out and Anthony would receive a new trial.
With the deadline approaching, the next few days could determine whether Anthony remains behind bars under his current sentence or gets another chance in court.


