Karmelo Anthony’s bid for a new Trial is now in the hands of a newly assigned judge, with only days remaining before Texas’ deadline for a ruling.
According to Fox News, retired District Judge Michael Chitty is scheduled to hear Anthony’s motion Thursday, after Judge Sid Harle removed Judge John Roach from the remaining Trial-court proceedings Wednesday.
Harle determined that a reasonable outside observer could question Roach’s impartiality after the judge said in a post-Trial television interview that the jury "got it right."
Roach also defended several decisions he made during Anthony’s Trial.
The judge’s removal gives Anthony’s new legal team a different judge to consider the request, but it does not affect the conviction or 35-year sentence already imposed.
Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf during an altercation at a Frisco track meet. A Collin County jury sentenced him to 35 years in prison.
Anthony’s attorneys argue that problems during the Trial warrant a new proceeding.
Their motion raises concerns about public access to the courtroom, an alleged agreement involving character evidence and jury instructions related to Anthony’s self-defense claim.
The defense argues that courtroom access was too limited, noting that cameras were prohibited and only 27 seats were available to members of the public.
His attorneys also contend that a dispute over evidence concerning alleged conduct unrelated to the murder charge affected Anthony’s decision about whether to testify.
Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal does not change his assessment of the case.
"It’s just one step in a long journey," Metcalf said Wednesday on "The Will Cain Show." "It doesn’t really change the facts."
The timing of Chitty’s decision is especially important. Anthony was sentenced June 9, and Texas rules give a judge 75 days to rule on a motion for a new Trial.
That deadline arrives Monday.
Criminal appellate lawyer Brett Ordiway told Fox News Digital that winning such a motion is difficult, even though a successful ruling would erase both the conviction and sentence.
"If the judge does not grant the motion by Monday, then by operation of law, the motion will be denied," Ordiway said.
If Chitty grants the motion, Anthony could face a new jury Trial or potentially pursue a plea agreement.
If the motion is denied, his attorneys can continue challenging the conviction through a direct appeal.
That appeal would go before a three-judge panel of the Texas Fifth Court of Appeals in Dallas and could take a year or longer, according to Ordiway.
Anthony filed both his request for a new Trial and his motion seeking Roach’s removal July 7.