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Judge Vets Defense Mental-Health Experts as Tanner Horner Awaits Athena Strand Sentencing

The pause sets up mitigation testimony the defense says should weigh against a death sentence.

Overview

  • With the jury out, the judge is holding Daubert hearings to decide which defense experts on Tanner Horner’s mental health can testify.
  • Four doctors told the court Horner has autism, fetal alcohol spectrum disorder, severe lead poisoning and low testosterone, framing developmental limits without excusing guilt.
  • Jurors previously heard truck audio that captured Horner singing to Jingle Bell Rock as 7-year-old Athena Strand screamed, after he covered the camera lens and ordered her to undress.
  • A medical examiner testified Athena died from blunt force injuries with smothering and strangulation, and a DNA analyst said male DNA and semen were detected, even as prosecutors maintain she was not sexually assaulted.
  • Defense mitigation is expected to begin when jurors return Wednesday, and any death sentence under Texas law would require a unanimous verdict.