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

[Niner]

Just got this in my Alerts.

Testimony given in change of venue motion - Wise County Messenger

Defense attorneys for Tanner Lynn Horner and prosecutors made their cases Monday for and against moving his capital murder trial outside of Wise County.

www.wcmessenger.com

Sept. 16, 2024

Defense attorneys for Tanner Lynn Horner and prosecutors made their cases Monday for and against moving his capital murder trial outside of Wise County.
[.....]
Dr. Bryan Edelman of Trial Innovations testified about his report on the pre-trial publicity in the case, reviewing 125 news articles published by the Wise County Messenger, Fort Worth Star-Telegram and Dallas Morning News.

A couple of television news stories were also shared in court that mixed audio and video of memorials for Athena with facts of the case, which Edelman said was particularly impactful in creating bias in potential jurors.
[.....]
RPDO investigator Mike Johnson testified that he came to Wise County to interview residents around the county and found that only about 20 out of 100 would talk to him, and he received four affidavits from people saying Horner could not get a fair trial in the county.

District Attorney James Stainton called Bridgeport Mayor Randy Singleton and Wise County Judge J.D. Clark to testify as elected officials with knowledge of the community that Horner could get a fair trial locally.
[.....]
District Judge Brock Smith said he would try to have a ruling on the motion by the end of the week.


So @PommyMommy - I shall check with you at the end of this week!

 

[roche.analisa]

Just got this in my Alerts.

Testimony given in change of venue motion - Wise County Messenger

Defense attorneys for Tanner Lynn Horner and prosecutors made their cases Monday for and against moving his capital murder trial outside of Wise County.

www.wcmessenger.com

Sept. 16, 2024

Defense attorneys for Tanner Lynn Horner and prosecutors made their cases Monday for and against moving his capital murder trial outside of Wise County.
[.....]
Dr. Bryan Edelman of Trial Innovations testified about his report on the pre-trial publicity in the case, reviewing 125 news articles published by the Wise County Messenger, Fort Worth Star-Telegram and Dallas Morning News.

A couple of television news stories were also shared in court that mixed audio and video of memorials for Athena with facts of the case, which Edelman said was particularly impactful in creating bias in potential jurors.
[.....]
RPDO investigator Mike Johnson testified that he came to Wise County to interview residents around the county and found that only about 20 out of 100 would talk to him, and he received four affidavits from people saying Horner could not get a fair trial in the county.

District Attorney James Stainton called Bridgeport Mayor Randy Singleton and Wise County Judge J.D. Clark to testify as elected officials with knowledge of the community that Horner could get a fair trial locally.
[.....]
District Judge Brock Smith said he would try to have a ruling on the motion by the end of the week.


So @PommyMommy - I shall check with you at the end of this week!

Isn't Edelman the same guy who just testified in Bryan Kohberger's change of venue?

 

[Niner]

@PommyMommy - anything yet updated in the court site? TIA!

 

[PommyMommy]

@PommyMommy - anything yet updated in the court site? TIA!

There have been number of motions and orders in the murder case but no details on what those are and no information about future court date(s). The only MSM I can find is the article you posted above.

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA

09/17/2024		MOTION
09/17/2024		ORDER
09/17/2024		MOTION
09/17/2024		ORDER
09/18/2024		MOTION
09/19/2024		ORDER
09/19/2024		ORDER

Case No. CR24558
AGG KIDNAPPING FACILITATE
(no new entries)

https://jail.co.wise.tx.us/PublicAccess/default.aspx

 

[Niner]

Thank you @PommyMommy - I shall check back next week or so.

 

[PommyMommy]

SEP 20, 2024

Horner’s capital murder trial moved to Tarrant County - Wise County Messenger

271st District Judge Brock Smith has granted Tanner Horner's motion to move his capital murder trial out of Wise County.

www.wcmessenger.com

[...]

In an order filed Friday afternoon, Smith granted the change of venue motion and ordered the case be transferred to Tarrant County.

A hearing on the motion was held Monday in 271st District Court in Decatur, and Smith considered the testimony of four witnesses, two for the defense and two for the state, as well as affidavits from local citizens.

[...]

 

[PommyMommy]

SEP 20, 2024

Judge grants change of venue request for suspect accused of killing 7-year-old Wise County girl

The trial for the man accused of killing Athena Strand has been moved to Tarrant County.

www.wfaa.com

... even though it's more urban and diverse and will contain a more significant collection of opinions toward the criminal justice system, Tarrant County is still not an easy place for defendants, Milner said, especially when it comes to the death penalty. Tarrant County's political makeup has been largely conservative for years.

https://www.star-telegram.com/news/local/crime/article292841994.html

Technicalities, including who should represent Horner at his trial, have slowed the case. In January, Horner’s attorneys unsuccessfully filed a motion to transfer him from the Wise County Jail to another facility.

A trial date has not been announced.

 

[Niner]

@PommyMommy - it was a quick week - any updates for next court date yet? TIA!

 

[PommyMommy]

@PommyMommy - it was a quick week - any updates for next court date yet? TIA! View attachment 533871

Just one more order in the murder case. Nothing new on the kidnapping.

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA

09/20/2024

ORDER

https://jail.co.wise.tx.us/PublicAccess/default.aspx

 

[Niner]

Just one more order in the murder case. Nothing new on the kidnapping.

Case No. CR24559
CAPITAL MURDER OF PERSON UNDER TEN YOA

09/20/2024

ORDER

https://jail.co.wise.tx.us/PublicAccess/default.aspx

Wish they would tell us "what" the Order is....

I shall be back again - next week! Thanks for checking it out.

 

[Niner]

I can not access this article - but I see in the small script - it starts March 17, 2025

Trial date set for capital murder of 7-year-old Texas girl

The trial for the man accused of killing Athena Strand has been moved to Tarrant County and will start March 17.

www.wfaa.com

[td width="100px"]

​

[/td]​

...
The trial for the man accused of killing Athena Strand has been moved to Tarrant County and will start March 17. Author

The article says "Tarrant County Judge" - wondering if the present on 271st District Judge Brock Smith will not presiding??

and this short clip - gives pretrial hearing 1/21/25, Jury selection on 1/30/25 & trial on 3/17/25.

 

[Niner]

So - @PommyMommy - any updates yet in the court site? TIA!

 

[PommyMommy]

So - @PommyMommy - any updates yet in the court site? TIA!

Vinelink is still showing him in Wise County as of Sep 10.

VINELink

vinelink.vineapps.com

Custody Status Date Sep 10, 2024 01:46 PM CDT
Custody StatusIn Custody
Custody Detail Wise County Jail
Book Date Dec 03, 2022 12:00 AM CST

There are entries for two more orders in Wise County yesterday.

https://jail.co.wise.tx.us/PublicAccess/default.aspx

	9/30/2024	ORDER
	9/30/2024	ORDER

There are three cases in Tarrant County but no murder or kidnapping case.

https://dcsa.tarrantcounty.com/Criminal/CriminalDocket/CriminalDocketDetails/1760265?page=0

1760265 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023
1760269 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023
1760276 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023

That's all I got, @Niner.

 

[Niner]

Vinelink is still showing him in Wise County as of Sep 10.

VINELink

vinelink.vineapps.com

Custody Status Date Sep 10, 2024 01:46 PM CDT
Custody StatusIn Custody
Custody Detail Wise County Jail
Book Date Dec 03, 2022 12:00 AM CST

There are entries for two more orders in Wise County yesterday.

https://jail.co.wise.tx.us/PublicAccess/default.aspx

	9/30/2024	ORDER
	9/30/2024	ORDER

There are three cases in Tarrant County but no murder or kidnapping case.

https://dcsa.tarrantcounty.com/Criminal/CriminalDocket/CriminalDocketDetails/1760265?page=0

1760265 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023
1760269 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023
1760276 HORNER,TANNER LYNN SEXUAL ASSAULT CHILD 1/5/2023

That's all I got, @Niner.

The Tarrant County case is this one:

TX - *Tanner Lynn Horner (31/now 33) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County #1760265, 269 & 276

Completely different from Athena's case that happened in 2013.

And thanks for checking! I shall wait a bit to move the Wise County case to January's pretrial hearing date.

 

[PommyMommy]

Here's an article with a little more detail, @Niner.

OCT 2, 2024

Horner trial date scheduled - Wise County Messenger

After learning last month where the capital murder trial of Tanner Horner will take place, we now know when it could begin. 271st District Judge Brock Smith on Monday issued a scheduling order in the case with jury selection set to begin in late January/early February with a trial date in mid-March.

www.wcmessenger.com

271st District Judge Brock Smith on Monday issued a scheduling order in the case with jury selection set to begin in late January/early February with a trial date in mid-March.

• Jan. 21 and 22, 2025 — pre-trial hearings
• Jan. 21 — full jury questionnaires submitted to the court and finalized
• Jan. 30 — full jury panel in central jury room
• Feb. 3 — individual voir dire begins
• March 17 — trial on the merits
• He remains in the Wise County Jail with bond set at $1.5 million.

 

[Niner]

Here's an article with a little more detail, @Niner.

OCT 2, 2024

Horner trial date scheduled - Wise County Messenger

After learning last month where the capital murder trial of Tanner Horner will take place, we now know when it could begin. 271st District Judge Brock Smith on Monday issued a scheduling order in the case with jury selection set to begin in late January/early February with a trial date in mid-March.

www.wcmessenger.com

271st District Judge Brock Smith on Monday issued a scheduling order in the case with jury selection set to begin in late January/early February with a trial date in mid-March.

• Jan. 21 and 22, 2025 — pre-trial hearings
• Jan. 21 — full jury questionnaires submitted to the court and finalized
• Jan. 30 — full jury panel in central jury room
• Feb. 3 — individual voir dire begins
• March 17 — trial on the merits
• He remains in the Wise County Jail with bond set at $1.5 million.

Thanks a bunch!

 

[PommyMommy]

OCT 2, 2024

Trial for FedEx driver accused of killing Athena Strand to begin in March

The capital murder trial for the man accused of killing 7-year-old Athena Strand is scheduled to begin next spring.

www.nbcdfw.com

Though the homicide allegedly took place in Wise County, the case is being heard in Tarrant County because the courts there are better prepared to "adequately facilitate a trial of this case." Wise County will reimburse Tarrant County for all court costs.

Prosecutors previously said they plan to seek the death penalty in the capital murder case. A capital murder conviction in Texas comes with an automatic punishment of either life in prison without parole or death.

 

[Niner]

Horner seeks new judge - Wise County Messenger

The capital murder trial of Tanner Horner may not take place early next year as originally scheduled.

www.wcmessenger.com

Oct. 16, 2024

The capital murder trial of Tanner Horner may not take place early next year as originally scheduled.

Just days after a scheduling order was issued in the case by 271st District Judge Brock Smith setting jury selection to begin in late January/early February with a mid-March trial date, Horner and his defense team with the Regional Public Defenders Office (RPDO) filed a notice that he does not consent to Smith continuing to preside over the case.

“It is my wish that the entirety of my case be transferred to Tarrant County, Texas,” Horner wrote in the pretrial motion filed Oct. 7.
[......]
..... According to state law, when a judge grants a motion for change of venue, the judge continues to preside over the case only if all parties agree.

As of Wednesday, no public record could be found indicating if the case had been assigned a judge and a court in Tarrant County yet.

Since a new judge and a new court will now be taking up the case, it is likely a new scheduling order will be issued at some point in the future.

 

[roche.analisa]

Moved Tanner Horner, accused of killing 7-year-old Wise County girl, will be tried in Tarrant County

 

[roche.analisa]

Tarrant docket is only showing the 2023 sex assault cases