Texas judge who presided over Karmelo Anthony murder trial removed from case over 'got it right' comment
A Texas judge granted Karmelo Anthony’s request Wednesday to remove the judge who presided over his murder trial from the post-trial case, finding that a reasonable outside observer could question whether the judge appeared impartial.
Judge John Roach, who presided over Anthony’s June murder trial, was removed after Anthony’s attorneys played Roach’s post-trial WFAA interview in court and argued his remarks showed he had already prejudged the defense’s request for a new trial.
Harle said Wednesday he did not know Roach and described recusal as a high bar.
He said he did not find that Roach violated judicial conduct rules and believed Roach could be fair.
But Harle said the question was not whether Roach could be fair.
He found that a third party looking at Roach’s public comments could question the judge’s impartiality and granted the recusal motion.
KARMELO ANTHONY BLASTS JUDGE IN NEW FILING OVER HANDLING OF MURDER TRIAL The recusal hearing started around 9 a.m.
Wednesday.
Court records identified Judge Sid Harle as the presiding judge.
Anthony attended Wednesday’s hearing after a bench warrant had been issued in the case.
He 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.
KARMELO ANTHONY FOUND GUILTY OF MURDER IN TEXAS TRACK MEET STABBING 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.
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