UPDATE: In a dramatic turn in the murder case of Athena Strand, defense attorneys for suspect Tanner Horner have filed urgent motions to remove the death penalty from consideration, citing his autism. The motions were submitted early Wednesday, highlighting a significant legal strategy shift that could impact the proceedings.
The defense presented 28 motions, with the most critical being a request to preclude the death penalty entirely due to Horner’s Autism Spectrum Disorder. Their argument asserts that imposing capital punishment on someone whose disability may impair their culpability contradicts constitutional protections against such sentences. Legal experts emphasize that previous rulings disallow the death penalty for individuals with intellectual disabilities, and the defense argues that those with autism experience similar impairments.
Criminal defense attorney Russell Wilson, who is not involved in the case, elaborated on the implications, stating, “
The Supreme Court has held essentially if your mental disabilities are such that you cannot appreciate the nature of receiving the death penalty, then it shouldn’t be imposed on you.
” He noted that this motion could lead to extensive debates regarding Horner’s mental state.
The defense’s strategy may involve additional motions in the future, as Wilson pointed out that the filing of multiple motions is a common practice in complex death penalty cases. “They’re doing that as a matter of diligence,” he explained, highlighting the necessity for thorough legal preparation.
Other motions filed on Wednesday also challenge the prosecution’s actions, alleging constitutional vagueness in charges and prosecutorial misconduct. Additionally, the defense seeks to limit video access of jurors and witnesses during the trial, citing privacy concerns amidst First Amendment rights.
The case revolves around the tragic murder of 7-year-old Athena Strand, who was kidnapped and killed in December 2022. Authorities say Horner confessed to accidentally hitting her with his vehicle while delivering a package, subsequently panicking and abducting her. The defense previously sought to dismiss police interviews due to potential violations of Horner’s Miranda Rights.
As the legal battle intensifies, the trial has been relocated to Tarrant County, following concerns that Horner would not receive a fair trial in Wise County due to extensive media coverage.
No rulings have been made yet on the newly filed motions, but the developments in this case are unfolding rapidly. As the court proceedings continue, the implications of Horner’s mental health on the case will likely dominate discussions moving forward.
Stay tuned for more updates on this developing story as the legal arguments unfold, shaping the future of this high-profile murder case.
