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

  • #501
  • #502
have not been following this... did the accused have any prior criminal record? I am thinking of Vanessa Marcotte (adult killed by delivery driver) and the girl killed waking home one one day Report: Carlie Fought For Her Life (not a delivery driver, but a snatching).

When you read a few of these stories, it seems amazing anyone is alive.
 
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January 14, 2026

The Brief​


    • Tanner Horner's defense attorneys filed a motion to remove the death penalty option in his case, arguing his autism makes capital punishment unconstitutional.
    • The defense claims ASD impairments are comparable to intellectual disabilities, which are legally protected from execution.
    • A judge has not yet ruled on this motion and others, which include accusations of prosecutorial misconduct and efforts to limit trial filming.
FORT WORTH, Texas - Defense lawyers on the Athena Strand murder have asked for the death penalty to be taken off the table because the suspect has autism.
[.....]
The motion states that the court has "categorically prohibited the imposition of the death penalty where a particular characteristic of the defendant renders him less culpable, negates the retributive and deterrent aims of capital punishment, or creates a risk of an erroneous death sentence."
[.....]
Dig deeper:
Other motions filed on Wednesday accuse the prosecution of being constitutionally vague in its charges and accuse the Wise County District Attorney of prosecutorial misconduct.
There’s also one that aims to keep video of both jurors and witnesses during the trial off limits.

"It’s kind of a First Amendment issue between the public right to know, freedom of the press, particular witnesses, and privacy concerns to the extent that they have them," Wilson explained.

At this point, the judge hasn’t ruled on any of the motions.



I do not know IF they had a meeting on Wednesday or the defense just filed the motions.

@roche.analisa - anything in the court site? Hearing or just motions filed? Or another hearing before jury selection on 1/29?
 
  • #507
  • #508
  • #509

January 14, 2026

The Brief​


    • Tanner Horner's defense attorneys filed a motion to remove the death penalty option in his case, arguing his autism makes capital punishment unconstitutional.
    • The defense claims ASD impairments are comparable to intellectual disabilities, which are legally protected from execution.
    • A judge has not yet ruled on this motion and others, which include accusations of prosecutorial misconduct and efforts to limit trial filming.
FORT WORTH, Texas - Defense lawyers on the Athena Strand murder have asked for the death penalty to be taken off the table because the suspect has autism.
[.....]
The motion states that the court has "categorically prohibited the imposition of the death penalty where a particular characteristic of the defendant renders him less culpable, negates the retributive and deterrent aims of capital punishment, or creates a risk of an erroneous death sentence."
[.....]
Dig deeper:
Other motions filed on Wednesday accuse the prosecution of being constitutionally vague in its charges and accuse the Wise County District Attorney of prosecutorial misconduct.
There’s also one that aims to keep video of both jurors and witnesses during the trial off limits.

"It’s kind of a First Amendment issue between the public right to know, freedom of the press, particular witnesses, and privacy concerns to the extent that they have them," Wilson explained.

At this point, the judge hasn’t ruled on any of the motions.



I do not know IF they had a meeting on Wednesday or the defense just filed the motions.

@roche.analisa - anything in the court site? Hearing or just motions filed? Or another hearing before jury selection on 1/29?
Not a thing!
 
  • #510
  • #511
If he's capable of getting a job, he's capable of knowing right from wrong.

Seriously. It is even more offensive than the defense plan to make Bryan Kohberger (Idaho murders) a babbling idiot, completely disabled and incompetent. A PhD student.

In this case, why should we care about a man who kidnapped and killed a 7 year old child? And has also been accused of sexual assault?

If he doesn't want the death penalty, take a plea deal.
 
  • #512

Jan. 21, 2025

Tanner Horner, the FedEx driver accused of kidnapping and killing North Texas girl Athena Strand, appeared in a Tarrant County criminal court Tuesday and Wednesday for pre-trial hearings leading up to jury selection for his trial.
[.....]
On Tuesday, presiding Judge George Gallagher ruled on several motions from the defense. Attorney Susan Anderson argued that prosecutors improperly used the grand jury to subpoena records that had no bearing on the accusations against Horner. “Justice can’t be done when the defendant’s rights are violated,” Anderson told the court.
[.....]
Anderson alleges that Horner’s due-process rights were violated by the prosecutors’ investigation and requested that the judge dismiss the indictment, disqualify the District Attorney’s Office or preclude the death penalty as a sentencing option. Gallagher denied the motion, as well as another motion to suppress data retrieved from Horner’s cell phone. He granted a motion that the jurors not be filmed during the upcoming trial. On Wednesday, the judge was scheduled to hear the defense’s motion to preclude the death penalty due to the suspect’s autism.
[.....]
The trial is scheduled to begin April 7 in the 297th District Court. Jury selection will begin Jan. 29.
 
  • #513
Just to keep my notes straight-

Wednesday, January 21st:
*Motions Hearings (Athena’s Case) – (@ 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 34) arrested (12/3/22), indicted (2/16/23), 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 (2/18/23). Wise County 9 /Now in 297th District Court-Tarrant County
TX - *Tanner Lynn Horner (31/now 34) charged (12/21/22) with 3 counts of sexual assault (from 2013) in Fort Worth. Bond @ $45K. Surety Bond Total $135K. Tarrant County
Admitted kidnapping & killing Athena.
Jury Selection set to begin on 1/29/26. Final jury selection on 4/1/26.
Trial set to begin on 4/7/26.
Trial was moved from Wise County to Tarrant County [3/16/24].
Judge George Gallagher presiding. West County DA James Stainton. Defense: Public defenders Susan Anderson & Steven Goble. For Aggravated kidnapping attorney Pamela Fernandez.

Case & court info from 11/30/22 thru 12/21/22 [Tarrant County] & thru 12/9/25 [murder] reference post #496 here:
https://www.websleuths.com/forums/t...actor-tanner-horner-paradise-2.649712/page-25

12/10/25 Update: Texas Ranger Job Espinoza testified about his interviews with Horner as the judge weighed whether to suppress the material. The judge said that he will make a decision later this week on whether to suppress the interview material. More expert witnesses are expected to testify on Thursday, 12/11/25. This week, a series of pretrial hearings in the case are taking place in a downtown Fort Worth district courtroom as prosecutors and defense attorneys get testimony from several potential expert witnesses. Three potential experts were interviewed on Tuesday. On Monday, attorneys discussed questions that will be included in a questionnaire for potential jurors to answer. Jury selection will take roughly seven weeks. Next week, pretrial hearings will include testimony from other expert witnesses connected to three counts of child sexual assault filed against Horner in Tarrant County. Next pretrial hearing continues on Friday, 12/12/25.
12/11/25 Update: Jury selection to begin on 1/29/26 with final selection on 4/1/26.
1/14/26 Update: Defense lawyers on the Athena Strand murder have asked for the death penalty to be taken off the table because the suspect has autism. Horner's defense attorneys filed a motion to remove the death penalty option in his case, arguing his autism makes capital punishment unconstitutional. The defense claims ASD impairments are comparable to intellectual disabilities, which are legally protected from execution. A judge has not yet ruled on this motion & others, which include accusations of prosecutorial misconduct & efforts to limit trial filming. Other motions [30 were filed] filed on Wednesday accuse the prosecution of being constitutionally vague in its charges & accuse the Wise County DA of prosecutorial misconduct. There’s also one that aims to keep video of both jurors & witnesses during the trial off limits. "It’s kind of a First Amendment issue between the public right to know, freedom of the press, particular witnesses & privacy concerns to the extent that they have them," Wilson explained. At this point, the judge hasn’t ruled on any of the motions.
1/21/26 Update; Horner appeared in a Tarrant County criminal court Tuesday & Wednesday for pretrial hearings leading up to jury selection for his trial. On Tuesday, presiding Judge George Gallagher ruled on several motions from the defense. Attorney Susan Anderson argued that prosecutors improperly used the grand jury to subpoena records that had no bearing on the accusations against Horner. “Justice can’t be done when the defendant’s rights are violated,” Anderson told the court. Anderson alleges that Horner’s due-process rights were violated by the prosecutors’ investigation & requested that the judge dismiss the indictment, disqualify the DA’s Office or preclude the death penalty as a sentencing option. Gallagher denied the motion, as well as another motion to suppress data retrieved from Horner’s cell phone. He granted a motion that the jurors not be filmed during the upcoming trial. On Wednesday, the judge was scheduled to hear the defense’s motion to preclude the death penalty due to the suspect’s autism. The trial is scheduled to begin April 7 in the 297th District Court. Jury selection will begin 1/29/26.
 

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