The Brief Defense attorneys for Tanner Horner, who was sentenced to death in May for the 2022 kidnapping and murder of 7-year-old Athena Strand, are demanding a new trial, claiming media coverage prevented a fair proceeding. Prosecutors have asked a judge to deny the request, arguing there is no legal rule barring media coverage of court cases. A judge is expected to rule on whether to grant Horner a new trial within the next few days.



Defense attorneys have requested a new trial for Tanner Horner, the former delivery driver sentenced to death for the murder of 7-year-old Athena Strand in Wise County.

Tanner Horner Trial

Tanner Horner

What's next:

Attorneys claim some key witnesses refused to testify because of the media coverage of the trial. They said it made it impossible for Horner to get a fair trial.

A judge agreed to move Horner's initial trial to Tarrant County because of the attention the case had gathered on social media.

The Wise County District Attorney and state prosecutor requested the motion be denied, saying there is no rule barring media coverage of court cases.

What's next:

A judge is expected to rule on the request in the next few days.

Big picture view:

Horner's attorneys have also filed an appeal with the Texas Court of Criminal Appeals.

By law, all death penalty cases in Texas are reviewed by the state's highest criminal court.

Sentenced to Death

What we know:

It took jurors less than three hours to sentence Horner to death in May for Athena's kidnapping and murder. He showed no emotion as he stood listening to the sentence.

There were two special questions the jury faced. First, do you consider Horner to be a continuing threat to society? Their unanimous answer was yes. Second, are there mitigating circumstances that should exclude Horner from receiving the death penalty? That answer was no.

Athena Strand's Death

The backstory:

Horner was charged with capital murder for the death of 7-year-old Athena Strand outside her family's Wise County home on Nov. 30, 2022.

A contract delivery driver working for FedEx at the time, Horner was delivering wha

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