Tanner Horner’s attorneys prepare for defense portion of capital murder trial
Former FedEx driver Tanner Horner appeared in a Tarrant County criminal court Friday morning as his defense attorneys prepare to present their case in the continuation of his capital murder trial next week.
At the start of evidence presentation in the trial on April 7, Horner pleaded guilty to kidnapping and killing 7-year-old Athena Strand. The jury will decide whether Horner should receive the death penalty or life in prison without the possibility of parole.
Prosecutors rested their case Thursday immediately after presenting video and audio evidence of Horner luring Athena into his FedEx van while making a delivery to her family’s Wise County home on Nov. 30, 2022. He strangled the child inside the van and dumped her naked body in a creek along the Trinity River.
Jurors heard from several witnesses during the first eight days of the trial, including Athena’s parents, Jacob Strand and Maitlyn Gandy. The case’s lead investigator, Texas Ranger Job Espinoza, testified multiple times.
The attorneys and Judge George Gallagher met without the jury Friday to interview witnesses expected to testify during the next part of the trial.
Defense attorney Susan Anderson questioned Dr. Michael Arambula, a psychiatrist who evaluated Horner. Arambula is another witness for the prosecution who will testify during the rebuttal phase of the trial in response to other psychiatric experts who will be called by the defense.
Arambula said he reviewed thousands of pages of notes on the case and viewed the abduction video in addition to talking with Horner. Among other things, he’s expected to discuss whether the defendant’s autism spectrum disorder could have influenced his actions toward Athena.
Anderson also asked Arambula about the possible impact of Horner’s unstable home life during childhood and whether he believes Horner could commit future acts of violence.
Future dangerousness is a key question in death penalty cases in Texas, according to state law. If jurors find in their deliberations that Horner is likely to present a continuing threat to society, then they will consider the question of whether there is any mitigating evidence that would justify a sentence of life in prison instead of death. Mitigating evidence is open to the interpretation of the jurors, but they could consider issues such as the defendant’s mental health.
Expert witness evaluation will continue into next week, with the trial formally resuming Wednesday, April 22. Defense attorneys said they plan to call Horner’s mother, Melissa Horner, as the first witness for the defense.
