Defense Moves to Block Death for Athena Strand's Killer: Judge Denies | Pt 67

Added: 2026-05-06

[00:00:29]understanding that a motion that you wish to present to Mr. Sanderson. Uh yes, Your Honor. This time we move that this court preclude the imposition of the death penalty and take it out of the hands of the jury. The basis of this is the pervasive media attention that this case has garnered.

[00:00:47]There are channels that are on a loop 24/7. It's all over social media and it's not just a little bit. It's everywhere. We have people outside of the courthouse holding up signs and protesting. We have people online that have created false narratives that they're flat-out lying about what is happening in this courtroom. And I know that this court has given instructions to the jury and I just don't think it's enough because this media attention has been so widespread, it is impossible for Tanner to get a fair trial in violation of the 5th and 14th Amendments and also in violation of the Texas Constitution.

[00:01:37]This case isn't just local. It's not just statewide. It's not national. There are international newspapers writing stories about it. And so, with all of that media attention, our team has received death threats.

[00:01:57]Our witnesses have received death threats.

[00:02:00]Our client has received death threats.

[00:02:04]And so, what we're asking the judge to do, what we're asking you to do, is to preclude the death penalty in this case because that's the only thing that can remediate the publicity that they have.

[00:02:18]And the reason that we're asking that is put yourself in the jury's position.

[00:02:25]You know that this case is international news.

[00:02:28]You know that this case is a hot topic.

[00:02:32]You know that this case has raised such passions that it resulted in death threats against the defense team.

[00:02:40]You know all of this. Now, imagine you as juror going to church on Sunday and the person sitting next to me or sitting next to you says, "I know you're on jury duty. How that go?

[00:02:53]You were gone for 5 weeks. You must have been on that case. I can't believe you did X, Y, Z." So, in taking away their ability to you know, sentence them to life without repercussions from the from the uh from society and from their friends and from their community, that is the only way that Tanner can get a fair trial in this case.

[00:03:22]The court daily, even though it's not in the record, the court daily has admonished the jury uh in the jury room to stay away from media.

[00:03:32]To the point of last week, I didn't tell the lawyers this, one of the jurors asked me, "Is the case still getting a lot of attention?" So, based on that question, I am satisfied that the jury has been following my instructions to stay away from the media.

[00:03:50]Uh your request is denied.

[00:03:52]The jury is present.

[00:03:55]Are both sides ready for the jury?

[00:03:56]Ready.

[00:03:57]Ready, Your Honor. All right, let's go.

[00:04:29]>> [clears throat] [clears throat] [clears throat] >> Everyone may be seated.

[00:04:53]Good morning.

[00:04:55]Members of the jury, the defendant Tanner Lynn Horner stands charged with the with the offense of capital murder, alleged to have been committed in Wise County, Texas on or about the 30th day of November 2022.

[00:05:08]To this charge, the defendant has pleaded guilty.

[00:05:12]The defendant has entered this plea and the court hereby instructs the jury to find the guilt of the defendant guilty as charged in the indictment.

[00:05:21]Your verdict must be by unanimous vote of all members of the jury.

[00:05:25]In deliberating on the case, you shall consider these instructions as a whole and you must not refer to or discuss any matters not in evidence before you.

[00:05:34][clears throat] Our law provides a defendant may testify in his own behalf if he elects to do so.

[00:05:40]This, however, is a privilege accorded to the defendant and in the event he does not testify, that fact cannot be taken as a circumstance against him.

[00:05:49]In this case, the defendant has not testified and you are instructed that you cannot and must not refer or allude to this fact throughout your deliberations or take it into consideration for any purpose whatsoever as a circumstance against the defendant.

[00:06:05]When you go to the jury room, the first thing that you should do is select one of your number as your presiding juror who will help to guide your deliberations and will speak for you here in the courtroom.

[00:06:15]During your deliberations, you must not communicate with or provide any information to anyone by any means about this case.

[00:06:22]You may not use any electronic device or media such as a telephone, cell phone, smartphone, iPhone, or computer, the internet, any internet servers, or any text or instant messaging service, or any internet chat or any blog or website such as Facebook, LinkedIn, Instagram, YouTube, or X to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict, if any.

[00:06:48]If at the conclusion of your deliberations, the presiding juror should should sign the verdict form and I'm requesting whoever the presiding juror is, if he or she will print their name beneath the verdict form and put your juror number next to the next to the signature.

[00:07:07]If you need to communicate with me during your deliberations, the presiding juror should write the message, ring the jury call button on the wall, and give it to the bailiff. I will either reply in writing or bring you back into the court to answer your message.

[00:07:20]You are the exclusive judges of the facts proved, of the credibility of the witnesses, and the weight to be given to their testimony, but you're bound to receive the law from the court which is here and given and be governed thereby. And I've signed the instructions as judge. The last page of the instructions contain the verdict form says, "We, the jury, find the defendant Tanner Lynn Horner guilty of the offense of capital murder as charged in the indictment."

[00:07:44]The presiding juror should should sign should sign his or her name on that line beneath the verdict beneath the verdict form. All right, you retire to your jury room. Buzz me when you're ready.

[00:08:07]Everyone may be seated.

[00:08:14]Mr. Presiding Juror, it's my understanding that the jury has reached a verdict. Is that right? Yes, sir. And play forward, please stand.

[00:08:26]The verdict says, "We, the jury, find the defendant Tanner Lynn Horner guilty of the offense of capital murder as charged in the indictment." And it is signed by the presiding juror. Is it the inside desire of all?

[00:08:37]Yes, sir.

[00:08:38]Yes, sir. All right.

[00:08:41]Members of the jury, I will now read you the instructions on punishment.

[00:08:45]Lawyers will then make their closing arguments. At the conclusion of the closing arguments, you will retire to your jury room and begin deliberations on punishment. Okay?

[00:08:54]Members of the jury, the defendant Tanner Lynn Horner has been found guilty by you of the offense [clears throat] of capital murder.

[00:09:00]Therefore, it now becomes your duty to determine the punishment to be assessed against the defendant.

[00:09:06]Punishment for the offense of capital murder is by confinement is by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.

[00:09:15]In order for the punishment to be assessed, two special issues are being submitted to you.

[00:09:21]Before answering these special issues, if you can, you will consider the following instructions.

[00:09:28]It will not be proper for you to arrive at your answers by lot, chance, or any other random method.

[00:09:34]Your answers, if any, must be arrived at by a full, fair, and free exchange of the opinions of each individual juror.

[00:09:42]Each of you must decide the case for yourself, but only after an impartial consideration of the evidence with your fellow jurors.

[00:09:50]Do not give you give up your honest beliefs as to the weight or effect of the evidence solely because of the opinion of of [clears throat] your fellow jurors or for the mere purpose of answering the special issues.

[00:10:02]Special issue number one, whether there is a probability that the defendant would commit act criminal acts of violence that would constitute a continuing threat to society.

[00:10:13]The prosecution has the burden of proving that the answer to special issue number one should be yes beyond a reasonable doubt.

[00:10:20]If it fails to do so, you must answer special issue number one no.

[00:10:25]You may not answer special issue number one yes unless you agree unanimously.

[00:10:32]You may not answer special issue number one no unless 10 or more jurors agree.

[00:10:38]The members of the jury need not need not agree on what particular evidence supports a negative answer to special issue number one.

[00:10:47]If any juror has a reasonable doubt as to the answer to the above special issue, the juror shall vote no as to that issue. [clears throat] In deliberating on special issue number one, you shall take into consideration all of the facts shown by the evidence admitted before you came in the full trial of the case, including evidence of the defendant's background and character or the circumstances of the offense that militates for or mitigates against the imposition of the death penalty and the law as submitted to you in this charge.

[00:11:20]Only if the jury unanimously answers special issue number one yes, will the jury next consider special issue number two.

[00:11:28]Otherwise, the jury shall not answer special issue number two.

[00:11:33]Special issue number two, whether taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.

[00:11:58]You shall answer special issue number two either yes or no.

[00:12:02]You are instructed that you may not answer special issue number two no unless you agree unanimously.

[00:12:09]You may not answer special issue number two yes unless 10 or more jurors agree.

[00:12:15]The members of the jury need not agree on what particular evidence supports an affirmative finding on special issue number two.

[00:12:22]You shall consider mitigating evidence to be evidence that a jury might regard as reducing the defendant's moral blameworthiness.

[00:12:31]You are instructed that if the jury answers that a circumstance or circumstances warrant that a sentence [clears throat] of life imprisonment without parole rather than a death sentence be imposed, the court will sentence the defendant to imprisonment in the Texas Department of Criminal Justice for life without parole.

[00:12:49]A defendant sentenced to confinement for life without parole is ineligible for release from the Texas Department of Criminal Justice on parole.

[00:12:59]The state has introduced evidence of extraneous crimes or bad acts other than the the one charged in the indictment in this case.

[00:13:08]This evidence was admitted only for the purpose of assisting you, if it does, in determining the proper punishment for the offense for which you have found the defendant guilty.

[00:13:18]You cannot consider the testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other acts if any.

[00:13:27]Our law provides that a defendant may testify in his own behalf if he elects to do so.

[00:13:32]This, however, is a privilege accorded to the defendant and in the event he does not testify, that fact cannot be taken as a circumstance against him.

[00:13:41]In this case, the defendant has not testified and you're instructed that you cannot and must not refer or allude to this fact throughout your deliberation or taking into consideration for any purpose whatsoever as a circumstance against the defendant.

[00:13:56]You have heard evidence that the defendant made an oral and recorded statement on December 2nd, 2022 and on December 7th, 2022.

[00:14:07]If you find the defendant did make the statement, you may consider that statement against the defendant only if you resolve a preliminary question in favor of the state.

[00:14:19]An oral recorded statement by defendant made as a result of custodial interrogation may be considered against the defendant only if before the statement, but during the recording, one, the defendant was warned that he has the right to remain silent and not make any statement at all, and that any statement he makes may be used against him in his trial.

[00:14:43]Any statement he makes may be used as evidence against him in court.

[00:14:47]He has the right to have a lawyer present to advise him before and during any question. [clears throat] If he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him before and during any question.

[00:14:59]And he has the right to terminate the interview at any time.

[00:15:02]And two, the defendant knowingly, intelligently, and voluntarily waived the rights set out in the warning.

[00:15:10]Therefore, you may consider any statement you believe the defendant made on December 2nd, 2022 or on December 7th, 2022 only if you first all agree that the state has proved beyond a reasonable doubt that before the statement, but during the recording, the defendant was given the warning set out above and knowingly, intelligently, and voluntarily waived the rights set out in the warning.

[00:15:37]If you do not find that the state has proved these things beyond a reasonable doubt, you must disregard and not consider for any purpose any statement the defendant may have made.

[00:15:47]If you do find the state has proved these things beyond a reasonable doubt, you may consider the evidence that the defendant made the statement and give that evidence whatever weight you believe appropriate.

[00:15:58]In deliberating on this case, you shall consider these instructions as a whole and you must not refer to or discuss any matters not in evidence before you.

[00:16:07]You must not consider nor mention any personal knowledge or information you may have about any facts or persons connected with this case which is not shown by the evidence. You shall not consult law books or anything not in evidence.

[00:16:21]You are charged that it is only from the witness stand that the jury is permitted to receive evidence regarding the case or any witness therein.

[00:16:28]And no juror is permitted to communicate to any other juror anything he or she may have heard regarding the case or any witness therein from any other source other than the witness stand.

[00:16:39]When you have arrived at your answers to each of the special issues in the case, you may use the attached forms provided at the end of these instructions.

[00:16:48]Any further communication with the court must be in writing signed by your presiding juror to be valid.

[00:16:54]Do not attempt to talk to the bailiff, the attorneys, or the court regarding any question you may have concerning the trial of the case.

[00:17:02]You are the exclusive judges of the facts proved, of the credibility of the witnesses, and of the weight to be given to the testimony that you have received the law from the court which is here and given and be governed thereby.

[00:17:14]And I've signed the instructions.

[00:17:16]The [clears throat] last two pages of the instructions contain the answers to the special issues.

[00:17:21]Special issue number one, whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society. There are two possible answers. We the jury find the defendant unanimously beyond a reasonable doubt that the answer to special issue number one is yes or we the jury have at least 10 jurors with a reasonable doubt as to the matter inquired about the special issue and find that the answer to this special issue is no.

[00:17:50]If either one of those is the verdict of the jury, presiding juror should sign the appropriate verdict form.

[00:17:56]Only if you answer yes to question number one unanimously, will you answer special issue number two.

[00:18:03]Otherwise, you will not answer special issue number two.

[00:18:07]Special issue number two, whether taking into consideration all the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that the sentence of life imprisonment without parole rather than a death sentence be imposed.

[00:18:27]Again, there are two possible answers.

[00:18:29]We the jury find the defendant that the answer unanimously find the answer to special issue number two is no or we the jury have at least 10 jurors that agree the answer to special issue number two is yes and find that the answer to this special issue is yes. Presiding juror should sign his name on the space beneath the appropriate verdict form.

[00:18:52]Mr. Stretcher. Thank you, Your Honor.