Defense seeks to suppress hours of statements before 2026 capital murder trial.
FORT WORTH, Texas — A North Texas judge is reviewing about six hours of police interviews as defense attorneys for former delivery driver Tanner Horner move to block those statements from his upcoming capital murder trial in the 2022 death of 7-year-old Athena Strand, court officials said this week.
The question of whether investigators can use Horner’s recorded interviews is now the centerpiece of pretrial hearings scheduled to span two weeks. Prosecutors say the statements are key evidence; the defense argues parts should be tossed because of possible Miranda issues and Horner’s ability to understand his rights. The trial, moved to Tarrant County, is set for April 7, 2026. The ruling on the interviews is expected to shape what jurors will hear when testimony begins.
During hearings this week in Criminal District Court, the judge paused other matters to personally listen through the recordings before deciding what, if anything, jurors will hear. The defense has pointed to moments in the questioning in which Horner asked about counsel, including a line in which he said, “What happens if I get an attorney right now?” Investigators acknowledged the exchange but said the interviews continued after rights were explained. Prosecutors also used the session to qualify expert witnesses in areas like cellular mapping and digital forensics, laying groundwork for trial testimony. The court previously trimmed the state’s witness list from about 100 to roughly 60 to streamline proceedings.
Horner, who has pleaded not guilty, is charged with capital murder and aggravated kidnapping. Authorities say he took Athena from her family’s property in Wise County in late 2022 while delivering a package and later admitted to killing her. The defense argues his statements were not voluntary in full and that his neurological profile affected how he processed the interrogation. Wise County officials have said they will seek the death penalty. Venue was shifted to Tarrant County to seat a jury in a larger metropolitan area, though the allegations stem from Wise County. The precise portions of the interviews at issue have not been specified in open court; both sides referenced multiple segments recorded at different times.
The hearings also revisited a tight timeline from the day Athena vanished to when Horner was arrested. Investigators traced delivery data and vehicle movements, matched digital breadcrumbs to addresses on his route, and coordinated searches that ended when a body was found two days after the abduction, officials have said in prior proceedings. After the arrest, an affidavit stated Horner told detectives he struck the child with his truck near the driveway and later strangled her. Records note he led officers to a location where remains were recovered. Those underlying facts are not on trial now; the immediate fight is about which interview segments survive and which, if any, are suppressed.
Texas courts often hold extended suppression hearings in capital cases, and this one is following that path. The judge must decide whether Horner’s references to a lawyer were unequivocal requests that should have stopped questioning, and whether subsequent statements were tainted. If parts are excluded, prosecutors could lean more heavily on physical evidence, timeline reconstruction, and expert analysis of devices and cell-site data. If most of the interviews come in, jurors could hear Horner’s own words alongside forensic evidence. Either way, the state has said it is prepared to proceed on the current April 7 date; a defense bid to delay was denied earlier this week, with the court leaving open the possibility of revisiting schedule issues only if necessary.
Outside court, relatives and neighbors have continued to attend hearings quietly. A handful wore pink ribbons and carried small programs from earlier vigils. “We just want this to move forward and to be fair,” a family friend said in the hallway, declining to give her name because she was not authorized to speak for the family. In brief remarks, a prosecutor told reporters the office would “try this case on the evidence, in court,” and the defense said it would keep arguing to “protect constitutional rights” and ensure a reliable record for trial.
For now, the judge’s review of the recordings is underway, and the suppression ruling is expected before the end of the current two-week hearing block. The capital murder trial remains set for April 7, 2026, in Tarrant County unless the court later adjusts the schedule.
Author note: Last updated December 10, 2025.