Attorneys for Karmelo Anthony filed an appeal earlier this month and requested a new trial for the 19 year old convicted in the fatal stabbing of then-17-year-old Austin Metcalf at an April 2025 Frisco, Texas, track meet.
In June, a Collin County jury rejected Anthony’s self-defense argument and found him guilty of murdering Metcalf after stabbing him in the chest. That same jury sentenced him to 35 years in prison. Following the trial, Anthony hired a new high-profile legal team to oversee his appeal.
‘Off the Record’ Deal
One of the arguments those attorneys made in asking for a new trial has drawn attention from media and prosecutors alike. Anthony’s team is claiming the prosecution breached an unrecorded pre-trial agreement where both sides pledged not to introduce “character, reputation, or extraneous-conduct evidence concerning” the victim and his twin brother, Hunter Metcalf, as well as Anthony.
A court filing described the agreement as “off the record” – a term used in journalism but is atypical in legal proceedings – and Anthony’s lawyers claim prosecutors violated the deal and informed the court on the final day of testimony that the pact would not apply to their client if he took the stand and that the defense “opened the door” to character evidence when they mentioned he played chess in its opening statements.
According to Anthony’s lawyers, their client only had 10 minutes to decide whether or not to testify in his own defense after learning that prosecutors might bring up his character or reputation. He ultimately decided to not take the stand, a highly questionable decision for a defendant asserting self-defense.
Anthony’s trial attorney Mike Howard, who is not part of the appeal, wrote in an affidavit that his client’s decision not to testify was “a 180-degree change in the defense strategy [that] was the direct consequence of the breach of the agreement.”
The DA Responds
The prosecution, however, remembers the situation differently. Collin County District Attorney Greg Willis is disputing what is in the filing, speaking out tovJ.D. Miles of CBS News Texas, who also obtained the transcripts of the trial.
Willis told the outlet that “many of these claims don’t match what actually happened in court” and said the trial transcripts refute the allegations of what occurred when the judge and attorneys met behind closed doors during the trial to discuss whether Anthony would take the stand.
According to the transcripts received by the CBS affiliate, amid a discussion about the agreement, Howard said, “I agree that that deal, for lack of a better term, has helped. I believe both parties have abided by it.”
CBS News Texas reported the agreement became a problem for defense attorneys because it would limit what they could ask Anthony without violating it and because Judge John Roach was not bound by it. According to the transcript, he told both sides, “I am not here to enforce agreements between parties in a criminal case. If asked to make a ruling, it will be based on the rules of evidence.”
The outlet also reported that the transcripts refute Anthony’s claim he only had 10 minutes to decide whether or not to testify. While Howard’s new affidavit says he was 99 percent sure before the trial that his client would testify, he blamed being rushed during the closed-door hearing and the judge declining to extend the time beyond 10 minutes for part of why Anthony changed his mind.
But CBS News Texas found the trial transcript shows that the judge gave Anthony a lengthy explanation of his rights and the defense had more than a half hour beyond that to consider its next move. The defendant was even given the chance to consult with his parents before telling the judge, “I don’t want to testify.”
“Did you think you had ample time to talk to your lawyers about that and got feedback from them, feedback from your family. You have had enough time to make that decision,” Judge Roach asked Anthony.
“Yes, sir, we did,” he replied.
The Megyn Kelly Show reached out to Anthony’s new legal team and Howard for comment on what the district attorney said and has not yet heard back. In speaking to CBS News Texas, DA Willis expressed confidence that Anthony’s conviction would be upheld. A hearing on the motion for a new trial could be held as early as next month.
Legal Analysis
On Wednesday’s show, Megyn was joined by defense attorney Arthur Aidala and former prosecutors Dave Aronberg and Matt Murphy to discuss the back and forth between the defense and the prosecution and whether an alleged ‘gentleman’s agreement’ could have any bearing on the appeal process. Watch:
You can check out Megyn’s full interview with Aidala, Aronberg, and Murphy by tuning in to episode 1,365 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s The Megyn Kelly Channel (channel 111) weekdays from 12pm to 2pm ET.