Death Row Killer Tanner Horner Seeks New Trial, Blaming Media Frenzy for Denying Him a Fair Shot
FORT WORTH, Texas — The legal battle surrounding the convicted killer of 7-year-old Athena Strand is far from over. Attorneys representing Tanner Horner, the former FedEx driver currently on death row for the 2022 kidnapping and murder of the young Wise County girl, have formally filed a motion seeking a new trial, arguing that an avalanche of media coverage made a fair proceeding impossible.
,Appellate attorney Thea Posel filed the motion for a new trial on behalf of Horner as part of the ongoing appeal process in the case., At the core of the filing is the claim that intense and relentless public scrutiny poisoned the proceedings before a verdict was ever reached.
A Case That Captivated and Divided the Nation
,On November 30, 2022, in Paradise, Texas, seven-year-old Athena Strand was kidnapped and murdered by FedEx driver Tanner Lynn Horner, who abducted the child after delivering what was later identified as her Christmas present to her family’s home, and subsequently strangled her to death., ,Her body was found two days later in the Trinity River near Boyd.,
The case drew national and international attention from the moment Athena was reported missing, and that spotlight never dimmed. ,The case was moved to Tarrant County in 2024 after Horner’s defense argued he could not receive a fair trial in Wise County due to inflammatory pre-trial publicity., Even after the change of venue, however, the defense maintains the media storm followed the proceedings all the way to the courthouse.
,Horner pleaded guilty to capital murder at the beginning of his trial in April and was later sentenced to death by a Tarrant County jury on May 5., ,It took jurors less than three hours to hand down the death sentence for the murder of 7-year-old Athena Strand.,
The Motion: Witnesses Silenced by Fear
,According to the motion filed June 4 in 297th District Court in Tarrant County, Horner argues he is entitled to a new trial due to issues created by media coverage, which the filing describes as “pervasive and inflammatory.” The motion states that several defense witnesses who had cooperated up until the trial ultimately decided not to testify due to fear for their reputation and safety.,
The defense contends that the livestreaming of the entire trial only made matters worse. The motion argued that ,the media environment and intense scrutiny surrounding the proceedings, fueled in part by the trial court’s decision to allow cameras to livestream the entirety of the proceedings, materially disadvantaged the defense.,
,Three witnesses specifically indicated that the media coverage, content, or attention from the proceedings influenced their decision not to testify, and each expressed fear of being associated with the case and the potential personal consequences.,
One case detailed in the filing is particularly alarming. ,One witness, whose identity was redacted in the filing, told defense attorneys she was concerned for herself and her son, citing a Facebook message she received that threatened her with serious consequences.,
Horner’s own family was not spared from the pressure. ,Horner’s brother, who had agreed to be a witness for the defense, also later indicated he was no longer willing to testify, reportedly expressing that he was frightened and concerned about his upcoming parole., ,The defense argued in the motion that these witnesses would have provided crucial evidence needed to argue for a life sentence rather than the death penalty.,
This is not the first time the defense raised concerns about media influence during the proceedings. ,Before the jury entered the courtroom on sentencing day, Horner’s defense attorney moved to take the death penalty off the table given the international media attention the trial had received, and also disclosed that the defense team, witnesses, and Horner himself had received death threats during the trial. The judge denied that motion.,
A Sealed Record and a Protective Order
Adding another layer of legal complexity to the post-conviction proceedings, a protective order has been put in place to govern the motion and its supporting materials. On June 1, Judge George Gallagher, who presided over the capital murder trial, signed the order, which restricts access to sensitive sealed exhibits. Under the terms of the order, anyone with access to the sealed materials is forbidden from discussing, describing, or sharing their contents with anyone outside of the legal teams involved in the case. The court indicated that disclosure could compromise Horner’s right to a fair proceeding, the integrity of the case, and the privacy and safety of individuals named within the documents.
What the Evidence at Trial Showed
Throughout the sentencing phase of the trial, prosecutors presented a mountain of evidence against Horner. ,The jury heard a chilling audio recording of Strand’s abduction taken from within Horner’s delivery van. Horner covered the camera before attacking the girl, but the microphone still recorded approximately an hour’s worth of audio.,
,Investigators say Horner killed Athena by beating her on the head and strangling her before dumping her body. The Dallas County medical examiner confirmed she had sustained blunt force injuries to her head and had been strangled.,
,The defense had been hoping for a sentence of life in prison without the possibility of parole, citing Horner’s upbringing and autism diagnosis as mitigating factors in the crime., ,Horner’s attorneys argued in earlier motions that his autism reduces his moral blameworthiness and negates the retributive and deterrent purposes of capital punishment., Those arguments ultimately did not sway the jury.
What Comes Next
The filing of a motion for a new trial is a standard step in the appeals process following a death sentence in Texas. Whether the court will grant the motion remains to be seen, but the defense faces a steep climb. ,On May 5, 2026, a judge sentenced Horner to death by lethal injection for the murder, following a unanimous recommendation by the jury.,
The Strand family has endured years of legal proceedings since their daughter was taken from them in an act of unimaginable violence. Athena Strand would have turned 11 years old this past May. For her family and a North Texas community that rallied around them, the push toward closure continues even as Horner’s legal team pursues every available avenue to fight his conviction and sentence.
Dallas Headlines will continue to follow developments in this case as they unfold.