FedEx killer Tanner Horner’s trial is being paused for several days while the judge in Fort Worth, Texas, determines what evidence the jury will be allowed to hear.
The 34-year-old has already pleaded guilty to kidnapping and murdering 7-year-old Athena Strand from outside her house in Paradise on Nov. 30, 2022, with the jury hearing eight days of harrowing evidence from the prosecution.
But from Friday until Tuesday, the judge and attorneys on both sides will meet without the jury present, as part of so-called Daubert hearings.
The judge will determine the admissibility of expert witness testimony before the jury is able to hear it.
While the proceedings usually occur pretrial, they can be held during the trial to address issues that arise during testimony and to prevent further delays.
On Wednesday, the jury will return as the defense presents its case, which is expected to rest largely on claiming Horner is ineligible for the death penalty due to his developmental and mental health issues.
“So you can expect that the defense is going to have expert witnesses in things like lead paint exposure, fetal alcohol syndrome, and mental health experts,” former federal prosecutor John Helms told NBC Dallas-Fort Worth.
The prosecution will be using the next few days to examine whether the expert witnesses’ testimony meets legal standards or whether it can be challenged.
“The state can challenge the expert witness testimony that the defense wants to put on,” Helms added.
“The judge has a responsibility that we refer to as a gatekeeping responsibility to make sure that the expert is properly qualified and has enough of a basis to express the opinion,” he said.
As part of that, the judge may question the expert’s opinion, hear testimony, or allow attorneys to argue over the expert’s reliability without a jury present.
“This is actually fairly normal in death penalty cases,” Helms explained.
Under Texas law, the decision from the jury must be unanimous before the death penalty is granted.