Both sides rested on Friday in Karmelo Anthony’s effort for a new murder trial, concluding a day of testimony focused on an informal agreement between attorneys, security concerns and the national spotlight centered on the courtroom.
19-year-old Anthony was convicted of murder in June and sentenced to 35 years in prison for fatally stabbing Austin Metcalf during a Frisco track meet.
His new defense attorneys argue Anthony’s rights were violated when former Collin County Judge John Roach held conferences that were not documented and pretrial hearings where Anthony was not present.
They also contend the courtroom-access decisions during the trial violated Anthony’s Sixth Amendment right to a public trial.
Judge to make a decision in the next few days
Both sides have closed and court is done.
Judge Michael Chitty is expected to make his decision on the defense motion for a new trial some time in the next few days.
Defense attorney Russell Wilson closes
Russell Wilson, Karmelo Anthony’s new defense attorney, showed a Waller flow chart to the court to start his closing arguments.
He said switching from having an overflow room during jury selection to not having one during the trial triggered Waller.
Again, Waller refers to a Supreme Court ruling that sets the legal standards judges must meet if they want to close a courtroom without violating a defendant’s Sixth Amendment right to a public trial.
Wilson also talked about Collin County Judge John Roach’s television interview where he said he could have allowed audio in an overflow room but didn’t want people (bloggers, influencers, and others) to twist and use audio in any way that they could.
No specific waiver was given or agreed upon on the record to close the overflow room, triggering a Waller issue, Wilson argued.
He also said the “gentleman’s agreement” ultimately impacted Anthony’s ability to testify on his own behalf.
Wirskye encourages the judge to look at the record
Prosecutor Bill Wirskye was up next for closing arguments.
“I don’t think there’s much more to say about this agreement,” he said.
He encouraged the judge to look at the record, which he said captured what happened.
Prosecutors give closing arguments
Appellate division prosecutor Robert Koehl went first for the state, talking about the “Waller” issue.
“We don’t have a Waller issue because we don’t have a closed court,” Koehl said.
He pointed out that the courtroom’s two dozen seats were full of members of the public, including members of the media who provided information to the public.
He also said Karmelo Anthony’s original defense team basically waived any complaint.
Closing arguments
Closing arguments are up next. Each side will have 20 minutes to summarize their case.
Back and forth continues
Defense attorney Russell Wilson and prosecutor Bill Wirskye continued to go back and forth about the “gentleman’s agreement.”
They got argumentative at times. The judge appeared to give Wilson some leeway because it’s cross-examination.
Wirskye said he’s made about 10 of these agreements in his legal career and they’ve all held.
Defense cross-examines prosecutor Bill Wirskye
Defense attorney Russell Wilson asked prosecutor Bill Wirskye if there were any Waller rulings on the record during Karmelo Anthony’s murder trial.
Waller rulings refer to the legal standards judges must meet if they want to a courtroom that’s closed to the public without violating a defendant’s Sixth Amendment right to a public trial.
Wirskye said there were none.
Wilson also asked Wirskye if he knows whether district court proceedings can be sealed. Wirskye said he does not know.
After being hired to represent Anthony on appeal, Wilson said he asked Wirskye to put his understanding of the “gentleman’s agreement” in writing.
Wirskye told him that would be a “fool’s errand.” He never did it.
Wilson drilled down on more of the details of the “gentleman’s agreement” with Wirskye.
How much longer will this last?
Defense attorney Russell Wilson asked Judge Michael Chitty how much longer he’s willing to go tonight.
“We’re bumping up against a ᴅᴇᴀᴅline and I need time to review all of the evidence submitted in this case over the weekend,” the judge said.
However, Judge Chitty said he will give Wilson the time he needs.
Jury selections and lesser charges
Court has resumed with prosecutor Bill Wirskye back on the stand.
He talked about a Batson challenge, which is a legal objection made during jury selection.
It argues that the opposing side is improperly using a peremptory strike to remove a potential juror based on race, ethnicity, or Sєx.
But the state didn’t go into further discussion about the three Black potential jurors who were struck during jury selection.
Instead, Wirskye finished his testimony for the state by saying he had no problems allowing a lesser charge of manslaughter and sudden pá´€ssion during the murder trial.