New judge has days to decide whether Karmelo Anthony’s conviction and 35-year sentence survive

A newly assigned judge has only days to decide whether Karmelo Anthony’s murder conviction survives, putting his 35-year sentence and chance at a second trial on a fast-moving legal clock after the judge who presided over his trial was removed Wednesday.

Retired District Judge Michael Chitty is scheduled to hear Anthony’s motion for a new trial Thursday, after Judge Sid Harle removed Judge John Roach from Anthony’s remaining trial-court proceedings Wednesday.

Harle found that a reasonable outside observer could question whether Roach appeared impartial after Roach said in a post-trial television interview that the jury “got it right” and defended several of his trial decisions.

TEXAS JUDGE WHO PRESIDED OVER KARMELO ANTHONY MURDER TRIAL REMOVED FROM CASE OVER ‘GOT IT RIGHT’ COMMENT

Roach’s removal is a significant win for Anthony’s new legal team, but it does not erase his conviction or sentence. The far more consequential question is whether Chitty will grant Anthony a new trial.

Austin Metcalf’s father, Jeff Metcalf, said Roach’s removal did not change his view of the case because it did not alter the evidence that led to Anthony’s conviction.

“It’s just one step in a long journey,” Metcalf said Wednesday on “The Will Cain Show.” “It doesn’t really change the facts.”

Anthony, 19, was convicted in June of murdering 17-year-old Austin Metcalf, whom prosecutors said he fatally stabbed during an altercation at a Frisco track meet. A Collin County jury sentenced Anthony to 35 years in prison.

KARMELO ANTHONY ISOLATED IN JAIL AS TRACK MEET KILLER APPEALS CONVICTION, PREPS FOR PRISON STINT

Before Thursday’s hearing, an estimated 75 to 100 people gathered outside the courtroom, with some raising their fists as Anthony’s attorney, Russell Wilson, arrived. One man wore a Black Panther uniform.

Only nine media spots were available inside the courtroom, which was full before proceedings began. A ceremonial feed was turned on for the overflow room.

Members of the Anthony and Metcalf families sat on opposite sides of the courtroom. Austin’s father greeted lead prosecutor Bill Wirske before the hearing, and Anthony entered in a navy suit and tie with his wrists shackled.

Criminal appellate lawyer Brett Ordiway said motions to remove a judge are difficult and uncommon, but a motion for a new trial is a much steeper legal climb.

“Granting that motion wipes out the conviction and the sentence altogether and gives Karmelo Anthony a new trial,” Ordiway told Fox News Digital. “It is very, very difficult to win these motions in any case, and I would be surprised if they were successful here.”

KARMELO ANTHONY BLASTS JUDGE IN NEW FILING OVER HANDLING OF MURDER TRIAL

Anthony’s attorneys argued Roach could not fairly consider the new-trial request because his public comments addressed the same issues they raise in their motion, including courtroom access.

FOLLOW THE FOX TRUE CRIME TEAM ON X

The motion argues Anthony’s trial was not open enough to the public. Cameras were barred from the courtroom and only 27 seats were available for members of the public.

JUDGE DEFENDS BARRING CAMERAS FROM KARMELO ANTHONY MURDER TRIAL, SAYS IT WAS ‘AN EASY DECISION’

Anthony’s lawyers also accuse prosecutors of breaking an off-the-record agreement about character evidence and alleged acts unrelated to the murder charge. They argue the dispute forced Anthony to choose whether to testify while risking the introduction of evidence they say could unfairly prejudice jurors.

The new-trial motion also challenges the jury instructions, arguing they limited jurors’ ability to fully consider Anthony’s claim of self-defense.

SIGN UP TO GET THE LATEST TRUE CRIME NEWS

Chitty’s timeline is unusually short. Anthony was sentenced June 9, and Texas rules require a judge to rule on a motion for a new trial within 75 days of sentencing. That deadline falls Monday.

LIKE WHAT YOU’RE READING? CLICK HERE FOR MORE

“If the judge does not grant the motion by Monday, then by operation of law, the motion will be denied,” Ordiway said.

SEND US A TIP

If Chitty grants the motion, Anthony’s existing conviction and sentence would be set aside. Ordiway said the case would effectively return to the point before Anthony was convicted and sentenced, allowing Anthony to pursue another jury trial or negotiate a plea agreement.

CONVICTED KILLER KARMELO ANTHONY CLAIMS HE IS ‘PENNILESS’ IN APPEAL DESPITE MAJOR DONOR-FUNDED LEGAL CAMPAIGN

If the motion is denied, Anthony’s legal fight will continue on direct appeal, a process that differs sharply from the fast-moving new-trial request.

LISTEN TO THE NEW ‘CRIME & JUSTICE WITH DONNA ROTUNNO’ PODCAST

A direct appeal is decided by a three-judge panel of the Texas Fifth Court of Appeals in Dallas and can take a year or longer, Ordiway said. Appeals generally focus on legal errors raised and decided in the trial court, while a motion for a new trial gives the trial court an opportunity to correct alleged errors soon after a conviction.

GET BREAKING NEWS BY EMAIL

Anthony filed both the recusal motion and his request for a new trial on July 7. Roach referred the recusal request for assignment to another judge under Texas procedure.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Fox News Digital has reached out to Anthony’s defense team for comment.