TX - Athena Strand, 8, Abducted & Murdered By FedEx Contract Driver, Tanner Horner, Paradise, 2022 #2

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JUN 14, 2023
Police in Texas now have the ability to issue a regional alert about a missing child without having to wait for confirmation of an abduction, speeding up the delivery of potentially lifesaving information to the public.

Gov. Greg Abbott (R) signed HB3556 into law Wednesday, which allows law enforcement to quickly send out an alert about a missing child.

The alert can be sent as soon as a child is reported missing without waiting for investigators to confirm an abduction has occurred -- closing the gap on the critical first minutes or hours when a child's location is unknown.

When an Athena Alert is authorized, police will use the existing AMBER Alert system to send out a localized notification to people within 100 miles of a reported disappearance.

[...]
 
Looks like Horner had a hearing on Thursday, 7/13


July 13, 2023

A man facing the death penalty in a Wise County capital murder case will soon have new representation following a judge’s order Thursday.

District Judge Brock Smith ruled that a change in counsel was required in the capital murder case of Tanner Horner due to a contract the county has with the Regional Public Defender Office (RPDO). The contract states that when a defendant is facing a capital murder charge in which the state is seeking the death penalty, and the defendant is indigent, the judge will provide court-appointed counsel through the RPDO.

In the hearing, Smith said his court was not aware the county had entered into the contract at the time he appointed Bill Ray last December to serve as counsel for Horner, who is charged with capital murder in the death of 7-year-old Athena Strand. Smith said he became aware of the contract on July 5 and immediately notified attorneys in the case.
[.....]
During the hearing, Ray argued that he should remain Horner’s attorney, pointing out he had met with his client in the Wise County Jail 15 times, had developed a relationship with him and had begun to plan a defense strategy. He argued that removing he and fellow court-appointed attorney Steve Gordon could be a violation of his client’s Sixth Amendment rights. Ray also pointed out his numerous qualifications to serve on the case, including his experience of taking eight death penalty cases to trial.
[.....]
When he returned to court, Smith said he would sign an order to relieve Ray and Gordon of their representation on the case and appoint attorneys from the RPDO to represent Horner moving forward.
[.....]
Ray indicated that he planned to appeal the judge’s ruling.

Horner was in attendance at the hearing but did not speak.




I have his next hearing an announcement hearing on 8/31/23.
 
Thursday, August 31st:
*Announcement Hearing (Wise County) – (@ 9am CT) - TX - Athena Presley Monroe Strand (7) – (last seen near the 200 block of County 3573 on Nov. 30, 2022 in Paradise. Reported missing by mom @ 6:40pm on 11/30/22; found deceased along the water’s edge of the Trinity River southeast of Boyd on the evening of Dec. 2, 2022 about 9 miles from her home). *Tanner Lynn Horner (31/now 32) arrested & charged (not formally) (12/3/22), indicted (2/17/23), charged & arraigned (3/6/23) with capital murder (under the age of 10) & 1st degree felon aggravated kidnapping. Bond $1M (murder) $500K (kidnapping). Surety Bond Total $1,545,000. Plead not guilty (3/6/23). DA will seek DP (12/7/22). Wise County
Case info from 11/30/22 thru 2/21/23 reference post #279 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-14

2/25/23 Update: DA James Stainton filed court documents in federal court this past week informing the judge that he will seek the death penalty against Horner if he is found guilty of capital murder, a crime that qualifies for the death penalty under Texas law. Next arraignment hearing on 3/6/23. 3/3/23: 3 motions filed.
3/6/23 Update: Horner plead not guilty to capital murder & kidnapping charges on Monday morning. He opted to waive the reading of the charges against him & the reading of the arraignment.5 motions filed for murder charge (no info on what). 3/8/23: Order (no idea what this is). 10 motions filed. 3/9/23: 5 motions filed. 3/10/23: 5 motions filed. 3/13/23: 10 motions filed. 3/20/23: 12 motions filed & 1 request.
4/4/23: Order. Murder charge: Order sealed by the Court. Kidnapping Charge: No further movement. The attorneys & the Judge know the results of the Arraignment Hearing. It was not sealed; however, the data can only be accessed in person by using the computer at the Clerk's Office. The estimated timeline for a capital murder case to see trial is 18 months to two years.
7/13/23 Update: District Judge Brock Smith ruled that a change in counsel was required in the capital murder case of Horner due to a contract the county has with the Regional Public Defender Office (RPDO). The contract states that when a defendant is facing a capital murder charge in which the state is seeking the death penalty & the defendant is indigent, the judge will provide court-appointed counsel through the RPDO. In the hearing, Judge Smith said his court was not aware the county had entered into the contract at the time he appointed Bill Ray last December to serve as counsel for Horner, who is charged with capital murder in the death of 7-year-old Athena Strand. Smith said he became aware of the contract on July 5 & immediately notified attorneys in the case. During the hearing, Ray argued that he should remain Horner’s attorney, pointing out he had met with his client in the Wise County Jail 15 times, had developed a relationship with him & had begun to plan a defense strategy. He argued that removing he & fellow court-appointed attorney Steve Gordon could be a violation of his client’s Sixth Amendment rights. Ray also pointed out his numerous qualifications to serve on the case, including his experience of taking eight death penalty cases to trial. When he returned to court, Judge Smith said he would sign an order to relieve Ray & Gordon of their representation on the case & appoint attorneys from the RPDO to represent Horner moving forward. Ray indicated that he planned to appeal the judge’s ruling. Horner was in attendance at the hearing but did not speak. Next Announcement hearing on 8/31/23 @ 9am.
TX - *Tanner Lynn Horner (31/now 32) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County
Case info from 11/30/22 thru 12/12/22 reference post #279 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-14

12/21/22 Update: Wise County jail records now show he's also facing three counts of sexual assault on a child. However, these charges are not related to Strand's death & appear to have been filed in Tarrant County. The charges are related to three separate incidents which all occurred in 2013 in Tarrant County. Next initial appearance in Tarrant County on 1/5/23 @ 10am. No update thru 3/11. Can not access court site.
 
AUG 13, 2023
[...]

In honor of what would’ve been her eighth birthday, the child’s family organized and put on a memorial softball tournament.

Strand’s close family says she loved the game of softball, and Saturday they took to the field to play for her.

”Athena would love to be here, she was always a softball fan. From the day she was born she used to watch me come and play ball. She really looked up to play ball one day. It’s really great how the community can come together to support Athena, and spread her name out,” said Athena’s Army Member Keeland Kulbeth.

[...]
 
@Niner, I found this but further content is available only to subscribers.

AUG 31, 2023
The Wise County District Attorney’s office is asking an appeals court to review a ruling in the case of Tanner Horner and requesting that proceedings be temporarily halted.
 
@Niner, I found this but further content is available only to subscribers.

AUG 31, 2023
The Wise County District Attorney’s office is asking an appeals court to review a ruling in the case of Tanner Horner and requesting that proceedings be temporarily halted.

Dang... thanks for the info! :)
 
@Niner, I found this but further content is available only to subscribers.

AUG 31, 2023
The Wise County District Attorney’s office is asking an appeals court to review a ruling in the case of Tanner Horner and requesting that proceedings be temporarily halted.
When I searched on Google, it gave this snippet above the link, which has more info: " Last week, District Attorney James Stainton filed an application for a writ of mandamus with the Court of Criminal Appeals to review the July 13 ruling made by 271st District Judge Brock Smith in the capital murder case of Horner, who is accused of killing 7-year-old Athena Strand last year."
 
Paraphrasing the article… judge Smith was unaware that the Regional Public Defender’s Office (RPDO) was responsible for appointing defense attorneys and so he ruled that defense counsel Bill Ray be removed.

DA Stainton asked for an appeals court ruling because of concerns that the removal and replacement of defense counsel could be used in an appeal if there’s a conviction.

Stainton said if the appeals court upholds the removal then he’s okay with the decision as it eliminates the issue on appeal.

He’s asking for a temporary stay but said he’ll still release discovery items to the RPDO in the meantime.
 
I can't find any MSM either, @Niner. Here's what I see on the court site:

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA
08/31/2023 CANCELED Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
Other
08/31/2023 NOTICE
08/31/2023 ORDER
09/18/2023 FINDINGS OF FACT AND CONCLUSIONS OF LAW

Case No. CR24558
AGG KIDNAPPING FACILITATE
08/31/2023 CANCELED Announcement (9:00 AM) (Judicial Officer Smith, Brock R)
Other
08/31/2023 NOTICE
08/31/2023 ORDER

 

The Court of Criminal Appeals has issued a “stay of trial court proceedings” in the case of Tanner Lynn Horner, who is facing the death penalty in the death of 7-year-old Athena Strand.
 

The Court of Criminal Appeals has issued a “stay of trial court proceedings” in the case of Tanner Lynn Horner, who is facing the death penalty in the death of 7-year-old Athena Strand.

Wondering how long this "stay" is going to last.... 1697636996297.png
 
OCT 25, 2023
A man charged in the murder of Athena Strand will get to keep a public defender’s office to represent him in the case.

The Court of Criminal Appeals has declined to take action on a motion to reverse a judge’s ruling relating to defense counsel for Tanner Horner, who is facing the death penalty for capital murder in the death of Strand.

[...]

The appeals court two weeks ago ordered a hearing, which was held in district court last week, to determine who Horner wanted to represent him. He told the judge that he wished for the RPDO to continue representing him on the capital murder case. Further, he did not want Ray and Gordon representing him on a related aggravated kidnapping case, so Smith appointed Pamela Fernandez to represent him on that charge.

In light of the information that Horner wished to have the RPDO represent him, the court of appeals said Wednesday that the issue at hand seemed to be resolved.

[...]

“This means that we will now not have to address this on appeal at a later date,” he said. “…Fixing it now is critical. Letting it lie and getting a reversal and new trial on this issue years down the road would not be justice for Athena.”

Because the appeals court had previously issued a “stay” in the case, effectively pausing the criminal proceedings, now that an opinion has been issued, the appeal’s court lifted the “stay of trial court proceedings” allowing the case to move forward.
 

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