Karmelo Anthony Scores "Small Victory" — Judge Removed in New Trial Fight

Karmelo Anthony has scored a significant procedural victory in his fight for a new trial.

The Texas judge who presided over Anthony's murder trial, State District Judge John Roach Jr., has been recused from the case after Anthony's new legal team argued that Roach's post-trial comments and other actions raised questions about whether he could fairly consider allegations that serious mistakes occurred during the original trial. Visiting Judge Sid Harle granted the recusal Wednesday, and Judge Michael B. Chitty has now been assigned to the case.

Anthony, now 19, was convicted in June of murdering 17-year-old Austin Metcalf during a confrontation at a high-school track meet in Frisco, Texas. Jurors rejected Anthony's self-defense argument, and he was sentenced to 35 years in prison.

Anthony's new attorneys are now asking for the entire conviction to be set aside and a new trial granted. Among their arguments are allegations involving restrictions on public and media access to the courtroom, rulings affecting Anthony's defense, and disputes surrounding what evidence could be presented to jurors. The defense also focused heavily on a television interview Roach gave shortly after the verdict in which he defended the trial and indicated agreement with the jury's decision.

But this is an important distinction: Karmelo Anthony has NOT been granted a new trial. His murder conviction and 35-year sentence remain in place.

What he has won is the first major battle in his post-trial challenge: the judge deciding whether serious errors occurred during John Roach's trial will no longer be John Roach himself.

Scott Reisch breaks down what the judge's removal means, the arguments Anthony's attorneys are making, and whether any of them could actually be enough to get Karmelo Anthony back in front of another jury.

What do you think? Was removing Judge Roach the right decision — and does Anthony have a legitimate argument for a new trial?

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