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Defense Seeks to Bar Death Penalty for Tanner Horner, Citing Autism in Athena Strand Case

The filing is part of 28 pretrial motions with the capital trial scheduled for April 7 in Tarrant County.

Overview

  • Horner’s attorneys asked the court to remove execution as a sentencing option, arguing his autism reduces culpability and referencing the Robert Roberson case.
  • The court has not ruled on the new motions, and the capital murder trial remains set for April 7, 2026, in the 297th District Court.
  • Defense filings also seek to suppress police interviews over alleged Miranda violations during interrogations.
  • The case was moved from Wise County to Tarrant County due to pretrial publicity, and other motions aim to restrict video of jurors and witnesses and challenge charging language.
  • Horner has pleaded not guilty to kidnapping and killing 7-year-old Athena Strand in 2022, as the child’s mother backs the death penalty and her father pursues a civil suit against FedEx.