TRIAL UPDATES: Brain scientist says Horner’s brain shows defectsFree Access

Tanner Lynn Horner pleaded guilty to murdering 7-year-old Athena Strand in the opening moments of his capital murder trial April 7 in Fort Worth.

Horner was charged with kidnapping and killing Strand, who attended Paradise Elementary. She was reported missing Nov. 30, 2022. Authorities found her body on Dec. 2, 2022.

Now the trial shifts to the punishment phase.

The defense is seeking a life sentence without parole. Wise County prosecutors are seeking the death penalty.

Defendant Tanner Horner reacts as he watches Maitlyn Gandy, mother of Strand testify on Wednesday, April 15, 2026, at the Tim Curry Criminal Justice Center. Horner pleaded guilty to capital murder in the November 2022 strangulation killing of 7-year-old Athena Strand.Β Pool photo via DMN

Tanner Horner’s capital murder trial coverage is updated below.

Content warning: Information in this story may be disturbing or offensive to some readers.

Day 14 (Friday, April 24)

Former teacher, speech pathologist testify in Horner’s defense

9:40 a.m.

Tanner Horner’s fifth grade teacher testified about having him in class for a portion of that year. She said he struggled with social norms (such as saying he needed to go to the bathroom at inappropriate times) but also said he was able to participate normally in class.

β€œI enjoyed being Tanner’s teacher,” she said.

10:45 a.m.

A retired speech pathologist testified about working with Tanner Horner when he was in the seventh grade. She was an in-home facilitator who worked with children with behavioral issues, including children with autism, to develop coping mechanisms.

The defense showed some of her assessments of working with Horner, which showed he made improvement with her help.

β€œI like him. He was mannerly…I had fun with him. He was a fun kid,” she said.

When asked if she thought autism is an excuse or a defense for the kidnapping and murder of Athena Strand, she said she did not, before adding, β€œThis young man should have never been in that truck by himself.”

Later during cross examination, District Attorney James Stainton asked her about her understanding of what happened in the case. She said from media reports at the time of the arrest, she understood that Horner backed into Athena and panicked.

When asked what she would think if he did not back into her with the truck, she responded, β€œHe didn’t?”

Still, she said she stuck to her statement that he should have had another adult with him.

Brain scientist says Horner’s brain shows defects

Dr. Jeffrey Lewine explains results of brain scans performed on Tanner Horner. PHOTO FROM EVIDENCE SHOWN IN TRIAL

12:20 p.m.

Dr. Jeffrey Lewine, a neuroscientist, testified about brain scans done on Horner. He said he found evidence of structural and functional defects in many areas of the brain, particularly in areas of emotional regulation of behavior, social cognition, memory and pragmatic language. He said the profile is consistent with autism.

He said he is not a medical doctor and does not diagnose individuals.

Cross examination will take place after lunch.

Professor of neuroscience discusses brain functions

2:26 p.m.

The jury has been listening to more technical testimony from Dr. Erin Bigler, a professor of psychology and neuroscience, about how the brain functions. He did not examine Tanner Horner. Under cross examination from prosecutor Michelle Deuell, Bigler said he is not saying autism caused the crime Horner has pleaded guilty to. Like other expert defense witnesses, he also testified about how much he is being paid by the defense team for his services and time to testify.

The jury has gone home for the weekend. Testimony will continue on Monday.

Day 13 (Thursday, April 23)

More Horner family members testify

10:15 a.m.

Tanner Horner’s aunt and second cousin have been testifying this morning.

The aunt is the sister of Horner’s dad, Terry, and she described her brother as spending 90 percent of his adult life in prison. She said her brother molested her and threatened to kill her three times.

Horner’s aunt went on to talk about other family members who struggled with drugs and alcohol, including her mom, and mental illness. She said that she only saw Horner about three times in his whole life.

On cross-examination, Wise County District Attorney James Stainton pointed out that while the aunt had a rough upbringing, she didn’t turn to drugs or kill someone or molest someone.

Horner’s second cousin also testified about being left alone to babysit Horner for the weekend for Horner’s mother. The cousin was only 10 year old at the time and would be left alone with Horner, who was a baby, for the entire weekend while his mother worked. Horner’s defense asked her about his behavior, particularly with his communication issues or possible developmental delays.

Scientist testifies about lead exposure

11:45 a.m.

DR. AARON SPECHT

Dr. Aaron Specht, a scientist who has performed tests for human lead exposure, including with residents of Flint, Michigan, during the water crisis several years ago, testified about his examination of Tanner Horner.

Specht said he tested Horner late last year at the Tarrant County Jail, and the results showed Horner had 24 times the amount of lead as the comparison age group. He said the lead exposure could have come from lead paint and from the ingestion of coins as a young child, which his cousin testified to earlier in the day. Specht said the results indicate Horner β€œshows a significant amount of lead exposure which has impacted his health, particularly his neurological health.”

During cross-examination, Specht said that Horner’s lead level was, on average, higher than what he saw among the people in Flint. DA James Stainton asked if Specht had examined any medical records showing Horner had ever been treated for anything related to lead poisoning, but Specht said he did not review Horner’s medical records.

The jury has now gone to lunch and will return this afternoon.

Horner’s former school psychologist testifies

2:40 p.m.

Like many of the defense witnesses who are only using first or last names in court to protect their identity, Horner’s former school psychologist at Azle ISD β€œMary” testified that his records showed he had been diagnosed with a mild form of Asperger Syndrome, which is now categorized as autism. She said that he was diagnosed as a β€œLevel 1” severity of autism, meaning he was able to function in a regular education environment with special education support.

She went over an assessment she had made while Horner was in school that showed β€œhis social deficits and lack of appropriate communication continue to be his greatest affected areas.” The assessment also noted Horner β€œlacks empathy and has little ability to form friendships.” It also noted that he β€œis very rigid about change and is more successful when he is on a schedule.” Finally, it noted that Horner appears to have β€œemotional deficits that also negatively impact him.”

3:15 p.m.

The cross examination, redirect and recross of Horner’s former school psychologist has wrapped up, and the judge has sent the jury home for the day. The trial will resume Friday morning.

Day 12 (Wednesday, April 22)

Psychologist testifies about predictions of future violence

10:45 a.m.

DR. JOHN EDENS

Dr. John Edens, a psychologist and professor at Texas A&M University, was the first defense witness. He testified primarily about the first special issue jurors must consider when deciding on the death penalty: future dangerousness. He did not examine Tanner Horner but testified about studies on predicting future criminal acts of violence.

He said specific risk factors that would make future dangerousness in prison more likely include age (those under the age of 21 are more likely to commit acts of violence), educational attainment (lower education leads to higher likelihood of violence), gang membership and a history of violence in past incarcerations.

Edens also said a number of factors are not reliable when predicting future dangerousness, including anti-social personality disorders and the actual offense itself. He said the setting is a more important factor. In other words, seeing how an individual acts in a prison setting is a better determining factor on future dangerousness.

Under cross examination, Wise County District Attorney James Stainton pointed out that Edens has been paid for his testimony, approximately $6,000 to $7,000 to this point. Stainton also argued that since a prison is a stressful environment subject to changes outside of the inmate’s control, a person who reacts violently to change would be a higher risk of committing a future violent act. That could be a reference to Horner’s claim in one of his letters that he committed his crime after his employer changed his delivery route.

Horner’s mother testifies

12:10 p.m.

Tanner Horner’s mother, Melissa Horner, is testifying about her life and her son’s early life. She said she was sexually abused by her stepfather at the age of 4 years old but her mother did not believe her. She later dropped out of school in the ninth grade, worked at a couple of fast food restaurants, and then at the age of 17 began working at topless bars as a stripper.

She said she met Tanner’s father at the bar, and he raped her on the first day they met when she was 17 and he was 29. Despite that, she later married him at age 19.

Melissa Horner testified about drinking for about the first 8 1/2 weeks of her pregnancy with Tanner but stopped when she learned she was pregnant. She also talked about her struggles with addiction to alcohol and drugs, including methamphetamine and heroin. She talked about being arrested for drugs and prostitution numerous times, and she has spent time in prison for drugs.

She testified that her son was diagnosed with Asperger Syndrome as a child.

Her testimony is expected to continue after lunch.

2:30 p.m.

Horner’s mom continued her testimony, saying her son would sometimes punch himself in the head during β€œmelt downs” when he would have trouble communicating as a kid. She said he would sometimes punch a wall, but she never saw him hit anyone else.

When asked about Horner as a father, Melissa Horner said he was happy to be a father but he was also scared at times, relaying a story about how he once called her at a time of frustration.

β€œHe said, β€˜Mom, please come up and take the baby.’ I think he was afraid of hurting the baby,” she said.

She was also asked about the crime her son pleaded guilty to and her reaction to learning the facts of the case.

β€œI’m so mad at him. I just want to tear his a** up. [Athena] was just a baby,” Melissa Horner said while crying.

When asked if she still loved her son, she said, β€œOf course I love my son. I don’t love who did that, though. I don’t know who that was.”

Later during cross examination, she admitted to watching the livestream of the trial, which witnesses have been instructed not to do.

β€œI don’t want to go to jail,” she pleaded with the judge, before saying, β€œI don’t know what to say. I’m so sorry.”

The final witness of the day was Tanner Horner’s great-aunt, who only used her first name of Dottie in the courtroom. She testified about her nephew Terry Horner, Tanner Horner’s father who died a few years ago. She said Terry went to prison on drug charges a couple of times when Tanner was a young child. Dottie said her nephew loved his son.

The judge has sent the jury home early, and the trial will resume Thursday morning.

Day 9-12 (Friday, April 17-Tuesday, April 21)

Hearings held on defense witnesses

Three days of hearings have been held outside the jury to qualify defense expert witnesses as Horner’s attorneys prepare their case to spare him from the death penalty.

Day 8 (Thursday, April 16)

State rests its case

Wise County District Attorney James Stainton holds a photo of Athena Strand during the capital murder trial of Tanner Horner on Wednesday, April 15, 2026.Β Pool photo via Dallas Morning News

2:15 p.m.

The jury has finished watching the video of Athena’s kidnapping and murder. In the last part of the video from Nov. 30, 2022, Horner can be seen removing a sticker from the camera, which shows the interior of the van and Horner driving. He pulls into the Love’s Truck Stop in Rhome. He’s seen going in and coming back with paper towels and cleaning supplies. He then goes halfway back into the cargo area and begins scrubbing areas of the floor and part of the van just off camera.

He’s also heard talking to what appears to be his employer saying he threw up in the back of the van and it smells, blaming it on eating a bad hamburger from a gas station earlier in the day. The end of the video shows Horner pulling into the FedEx facility and removing a sticker from the forward-facing camera. He also appears to put clothing items, possibly Athena’s clothing that is later found at Horner’s home, into his backpack to take with him.

Following that video, Wise County District Attorney James Stainton announced the state has rested its case.

The next few days are expected to be filled with hearings related to defense witnesses, and testimony is expected to resume next Wednesday, April 22, as the defense will begin its case in hopes of sparing Horner from the death penalty.

Videos from Horner’s delivery van shown to jurors

Horner is shown driving in front of the Strand home the day after Athena went missing. PHOTO FROM VIDEO SHOWN IN TRIAL

12:20 p.m.

The jury has taken a break for lunch after hearing about 40-minute’s worth of the video which shows the abduction of Athena Strand. Witnesses in the courtroom said the video does not show Horner backing into Athena, and she is not hurt when he lifts her into the van.

At one point, Athena is heard asking, β€œWhy are you doing this?” He replies, β€œBecause you’re pretty β€” you know that?”

While Horner covered the camera, the feed captured audio of him continuously torturing the child as she clung to life.

Rebecca Lopez, the senior crime and justice reporter at WFAA, recounted what the jury heard from inside the courtroom. Below is an excerpt towards the end of the summary.

β€œThen you hear β€˜Jingle Bell Rock’ come on the radio. As Athena continues screaming and moaning in pain, Horner begins to sing along to the song,” Lopez said in her summary of the audio presented Thursday, adding that Horner told the child, β€œβ€™Shut up. If you don’t shut up, I will hurt you worse.’”

According to the observers, many of the jurors were not only crying but sobbing and glaring at Horner.

Lopez’s full account from the footage presented Thursday is available here.Β (Warning: The summary is disturbing.)

About 30 more minutes of the video was expected to be played following the lunch break.

10:30 a.m.

Videos taken from cameras inside Tanner Horner’s delivery van is being shown to jurors. The videos are from the day of Athena’s kidnapping, Nov. 30, as well as clips from Nov. 26, Nov. 29, Dec. 1 and Dec. 2.

Short video clips from Nov. 26 and Nov. 29 show Horner apparently covering up the forward-facing camera while on his route, including about an hour before delivering packages to another residence with young children on the same road as the Strand home about 24 hours before Athena disappeared.

On the video from Dec. 1, the day after Athena’s abduction and murder, Horner can be see driving down County Road 3573, where the Strand home is located, while the search for Athena is underway. He can be seen passing numerous law enforcement vehicles as well as private vehicles, presumably from people involved in the search for the child. Some people can be seen on horse back. He nods at people as he passes them and smokes a cigarette.

At one point, Horner appears to become impatient with not being able to drive down the road, honking several times for people to get out of the way. A woman can be seen coming up to the van and saying, β€œThere’s been a kidnapping,” and Horner responds, β€œAre you serious?”

The jury is now watching the video from Athena’s abduction and murder on Nov. 30.

Jacob Strand, father of Athena Strand, testifies during the capital murder trial of Tanner Horner on Thursday, April 16, 2026, at the Tim Curry Criminal Justice Center in Fort Worth. Horner pleaded guilty to capital murder in the November 2022 strangulation killing of 7-year-old Athena Strand.Β POOL PHOTO

The first witness this morning was Athena’s father, Jacob Strand. He testified that he last saw Athena just before it got dark on Nov. 30 as he hugged his daughter and told her β€œbye” as he left with his father on a hunting trip. Later after finding out Athena was missing, Jacob Strand said he initially thought she might have been playing hide-and-seek, which she was β€œreally good at.”

When asked if he still talked to his daughter, he said he does, at a fruitless pear tree on his property which was a favorite spot of Athena’s.

Responding to a question about how his daughter’s death made him feel, Jacob Strand said, β€œIt made me feel horrible, like I should have done something or been there. I wasn’t there to protect her.”

He testified that he β€œself-destructed” after his daughter’s death, including issues with alcohol and a marriage that ended.

Jacob Strand said the thing he misses most about his daughter is β€œher laugh, her spirit β€” she loved everybody.”

Day 7 (Wednesday, April 15)

Software company representative testifies about pulling video from Horner’s van

11:45 a.m.

James Becker, a vice president at Velocitor Solutions, testified about the video footage captured by their software in the camera from the delivery van Tanner Horner was driving at the time of Athena’s disappearance. Becker said he had never had a situation like this come up, so when the FBI reached out to him about getting video clips on Dec. 1, 2022, he asked them to send him an email so he could verify they were who they said they were.

JAMES BECKER

When he pulled up the video, he said he saw, β€œthe driver of the FedEx truck and there was a small child in the truck as well.”

Knowing investigators were looking for the missing child, Becker said he felt panic.

β€œIt’s why I was having trouble downloading the video and the urgency of the FBI agent to see what I was seeing,” Becker said.

He testified that he was also able to see GPS data about where the van stopped that day, including a gas station, a bridge and on the side of the road, and he passed that information along to law enforcement.

Becker said he was later able to pull longer video clips from the van for law enforcement.

β€œI want to truly thank you for what you did in this case,” Assistant District Attorney Patrick Berry said.

Earlier in the morning, four forensic scientists from the Texas Department of Public Safety Crime Lab in Garland testified about the testing and chain of custody process when handling DNA evidence. The testimony did not include any more results of that testing.

DNA analyst: Tanner Horner, Athena Strand can’t be ruled out as contributors to DNA profiles found in tested evidence

2:45 p.m.

In very technical testimony, Kristen Cossota with the Texas DPS Crime Lab, went over her report interpreting the results of the DNA testing done in the case. She testified that in Y-STR testing which examines the DNA on the Y, or male, chromosome, Horner could not be excluded as a contributor to DNA profiles found on vaginal, anal and oral swabs taken from Athena Strand. She also testified that there was β€œstrong support” that Athena and Horner were contributors to DNA profiles found on a number of other items including clothing collected from Horner’s home.

Athena’s mother testifies

Maitlyn Gandy, mother of Athena Strand, looks up as she testifies during the capital murder trial of Tanner Horner on Wednesday, April 15, 2026, at the Tim Curry Criminal Justice Center. Horner pleaded guilty to capital murder in the November 2022 strangulation killing of 7-year-old Athena Strand.Β Pool photo via Dallas Morning News

3:30 p.m.

In the most emotional moment of the trial so far, Athena’s mother, Maitlyn Gandy took the stand. Clutching a large red bow that belonged to Athena in her hand, she talked about finding out that her daughter was missing and then later that she had been murdered.

Maitlyn Gandy, mother of Athena Strand, shows a bow belonging to her daughter to the jury while testifying during the capital murder trial of Tanner Horner on Wednesday, April 15, 2026 in Fort Worth.Β Pool photo via Dallas Morning News

She said she last saw her daughter on Sunday, Nov. 27, 2022, when she met her ex-husband Jacob Strand in Bowie for a custody exchange.

β€œI told her I loved her and I’d see her on Friday,” Gandy said of the last thing she said to Athena.

She also recalled getting the news of Athena’s disappearance and speeding down to Wise County.

Maitlyn Gandy, mother of Athena Strand, testifies during the capital murder trial of Tanner Horner on Wednesday, April 15, 2026, at the Tim Curry Criminal Justice Center. Horner pleaded guilty to capital murder in the November 2022 strangulation killing of 7-year-old Athena Strand.Β Pool photo via Dallas Morning News

β€œIt felt like I was dying,” she said of how she felt driving down. β€œI couldn’t breathe. But I knew I had to keep going. I almost tapped the brakes, because I thought I was having a heart attack. But I just told myself that if I kept going, it would be OK and I would find her.”

It was Friday night that she received the news that her daughter’s body had been found. She said at first she was in disbelief that it was true.

She said she first saw her daughter’s body the following Tuesday. Through tears, she talked about putting makeup on her daughter to cover up the discoloration so Athena’s father wouldn’t have to see her like that.

Gandy said she wants people to know her daughter is more than just a photo in a news story.

β€œShe is loved, and she is missed, and she was real, and she had a life, and she wanted a life, and no one can take that from her,” Gandy said, turning to look at Horner before continuing. β€œNot a single person can take that from her. And I will be her face and will be her voice and make sure every person in this world knows she was loved and that she wanted to live and we want her in our lives.”

She noted that it was especially hard finding out her daughter had no personal belongings on her when her body was found, including the fact she was naked. When asked if there was anything she’d like to know in terms of the case, she said, β€œHe’ll never tell the truth, but I want to know where my daughter’s shirt is at.”

Gandy talked about being there for when her daughter took her first breath and her first steps, but she wasn’t there for her when Athena took her final breath. She said she still talks to her daughter every day.

β€œI tell her that I’m sorry that I wasn’t there to protect her and to stop him,” she said. β€œI tell her that I love her and I talk to her about [her sister] Rilyn and what she’s doing in life and how much she loves and misses her.”

Court has ended for the day and will resume on Thursday morning.

Day 6 (Tuesday, April 14)

Horner’s phone data reveals searches about Athena, sexual topics

10 a.m.

SCOTT MORRIS

FBI digital forensic analyst Scott Morris who performed the digital extraction of Tanner Horner’s phone testified about the results of that search. It showed that in the hours and two days after Athena’s disappearance, Horner had performed a number of searches including β€œmy fiance’s family makes me out to be a demon,” β€œdo FedEx cameras constantly record,” and β€œParadise missing girl.” The data also included a number of posts about the search for Athena and more than a dozen photos of the child.

Other items pulled from the phone include an image of a three-circle Venn diagram of β€œCatholicism, autism and nerd shit” with β€œBDSM” in the center. BDSM is an apparent reference to a sexual practice that includes bondage, dominance, submission and sadism. Another image was of a book about sex.

10:25 a.m.

Kevin Huffman, who lives on the same road as the Strand home, testified about his interaction with Horner delivering a package to his home 24 hours before Athena’s kidnapping and murder. Huffman testified that his two daughters, ages 7 and 10 at the time, were in the front yard when Horner arrived. He testified that he and his wife came outside when Horner delivered a large package to his door, and Huffman and Horner β€œchit chatted.”

Horner’s defense attorney Susan Anderson showed the in-van video of the entire delivery showing that Horner asked the children about speaking to an adult as a β€œChristmas time precaution,” referring to the delivery of a possible present. Huffman testified that Horner was polite during their interaction.

Witnesses testify about being raped by Horner when they were 16

12:25 p.m.

The jury is hearing from two women who say they were raped by Tanner Horner when they were 16 years old β€” below the age of consent β€” and Tanner Horner was in his early 20s. In both cases, the girls were drinking alcohol and smoking marijuana just prior to the assaults, they testified. These two witnesses appear to be the complainants in Horner’s pending sexual assaultΒ  cases in Tarrant County.

The first woman testified that two years after the alleged assault, Horner saw her and tried to kiss her and she said, β€œno.” He responded by saying, β€œYou were more fun when you were younger.”

The other woman said Horner raped her just after she turned 16 and Horner was 23. She testified that she had talked about her age with Horner prior to the assault and had told him she did not want a physical relationship with him due to her young age. When asked why she didn’t go to law enforcement after the assault, the woman said she didn’t think she would be believed.

She also testified that Horner had told her he was into BDSM, rougher sex and fantasized about rape.

DNA analyst: Male DNA found in swabs of Athena’s body

3:10 p.m.

Jacqueline Ferrara, the forensic analyst who performed DNA testing at the DPS crime lab in Garland, testified that male DNA was detected in swabs taken from vaginal and anal swabs from Athena. There has not yet been evidence presented as to whose DNA that could belong to.

Blood and semen were detected in presumptive tests of a number of items of evidence collected in the case, Ferrara testified. Items such as Tanner Horner’s shirt and jeans tested positive for semen. A pair of his blue jeans also tested positive for blood. Fingernail clippings from Athena’s right hand also tested positive for blood.

The judge has ended the day early, and testimony will resume in the morning.

 

Day 5 (Monday, April 13)

Horner’s jail letters include apology to family, claims that a second person was involved

10:30 a.m.

Jurors saw two very different letters Tanner Horner wrote at the time of his attempted suicide at the Wise County jail in May of 2023, according to investigators.

One letter was addressed to β€œAthena’s family,” and began by saying, β€œI want to start by saying how sorry I am about Athena. The entire time I’ve known by legal council (sic), they’ve continued to tell me how I don’t need to apologize/shouldn’t apologize until the trial and frankly I can’t hold it in any longer. I’ve done a terrible thing to your family and I’m sorry.”

A letter found in Tanner Horner’s Wise County Jail cell was addressed to the family of Athena Strand. PHOTO SHOWN AT TRIAL

He goes on to say how much it has also affected him and his family and then seems to explain why he did what he did, mentioning that he has Asperger’s Syndrome, on the autism spectrum, and seemed to blame FedEx for changing his route, saying he doesn’t deal well with change. He also talked about previous thoughts of suicide.

In a very different letter addressed to detectives, Horner claimed when he arrived at the Strand household on Nov. 30, 2022, another man was there and pointed a rifle at him and told him to take Athena to him at the bamboo area, which he did. Horner said he was afraid this man could try to kill him on his way to court or kill his family.

The jury also heard from the FBI agent David Rogers who oversaw the search of the delivery van Horner was arrested in and who also oversaw the recovery of Athena’s body from the Trinity River at Bobo Crossing on Dec. 2, 2022. Jurors saw photos, including those of Athena’s body just after she was removed from the water.

When asked about Athena’s condition when he recovered the body, Rogers said, β€œI remember her body being very cold to the touch, firm, the skin appeared to be glistening, almost angel like,” he said, adding that he could see also see physical trauma on the body.

12:05 p.m.

DR. JESSICA DWYER

The Dallas County Medical Examiner Dr. Jessica Dwyer who performed the autopsy of Athena Strand testified about the injuries she observed on the child. Prosecutors noted the multiple blunt force injuries found on numerous parts of her body, but primarily on her chest, neck and face. Much of the face and neck had what was described as β€œzig-zag” patterns. The examiner ruled the cause of death as blunt force injuries with smothering and strangulation.

Prosecutors with the Wise County District Attorney’s Office also noted that there was a number of β€œpost-mortem” injuries apparently sustained after death on her back which could indicate the body being dragged.

2:30 p.m.

Just after lunch, the jury got to see a photo of the β€œzig zag” pattern injuries on the face of Athena from the autopsy compared to a photo of a similar β€œzig zag” pattern on the bottom of Tanner Horner’s shoes.

The next witness was the Wise County Jail administrator, who identified five recorded phone calls or visitations between Horner and family members. In the recording of a visitation, Horner can be heard talking about being a β€œhigh profile” client for his defense attorney and how much national attention the case is getting. He jokes at one point about selling his story for $1 million.

Day 4 (Friday, April 10)

Investigators testify about processing delivery truck for evidence

10:15 a.m.

Investigators searched the delivery van Tanner Horner was driving the day Athena Strand was abducted and killed. PHOTO SHOWN AT TRIAL

Prosecutors have spent the early part of Friday entering a number of pieces of evidence regarding the FedEx delivery van Tanner Horner was driving the day Athena Strand was abducted and killed. FBI Special Agent Kurt Duross, who oversaw the processing of the van, continued his testimony from Thursday. He was able to identify a number of photos of the van, including the surveillance system and SD card.

Duross testified that investigators looked for a number of items in the van, including latent fingerprints, and took a number of DNA swabs in an attempt to identify touch evidence or bodily fluids.

After doing an initial processing of the vehicle on Dec. 5, the team was brought back out to process the van again on Jan. 6 using what he called a β€œstronger forensic flashlight” to illuminate possible bodily fluids.

Photos were shown to the jury showing a swab being taken on the step going into the cargo area of the delivery van. Tie down straps and bungee cords Duross said were located in the van were also admitted into evidence.

11:50 a.m.

Former Wise County Sheriff’s Office crime scene investigator Alise Amey testified about collecting evidence in the case and helping with the recovery of Athena Strand’s body.

Most of the testimony revolved around the chain of custody and handling of evidence. Amey testified that she bagged Athena’s hands to preserve potential evidence right after he body was recovered from the Trinity River. She said she also processed Horner for evidence at the Wise County Jail. She also took the evidence collected by the FBI’s search of the delivery vans and placed it in the property room at the sheriff’s office.

Horner’s defense attorney Susan Anderson focused part of her cross examination on the package Horner apparently delivered to the Strand home that Amey photographed at the scene but did not collect. Anderson argued that box was brought to the sheriff’s office approximately two weeks later by Athena’s mother and her attorney after it had been opened and then taken into evidence.

Anderson also showed photos of what appeared to be tie down straps from the van being photographed while sitting on a table at the sheriff’s office without something like butcher paper being placed between them. The attorney argued that could lead to contamination of evidence.

2:30 p.m.

Wise County Sgt. Brett Yaro testified Friday afternoon about collecting evidence from Tanner Horner at the jail after his arrest. That included a Dragonball Z backpack and lunchbox that contained two prescription medications (Fluoxetine and Atomoxetine), ibuprofen, a vape pen, toothbrush and toothpaste and a baggie containing what he described as β€œa green, leafy substance.”

He also testified about collecting Horner’s clothing, which included mud-covered shoes. When photos of the shoes were shown to the jury, Yaro pointed out that the bottom of one of the shoes appeared to have a reddish substance which could have indicated blood.

Wise County Assistant District Attorney Patrick Berry asked about the tread pattern on the shoes and why it was something investigators looked at.

β€œWe were looking for a pattern to match the pattern on the little girl’s face,” Yaro said.

Yaro also testified about examining the floor of the van, looking for textures/patterns that matched Athena’s injuries.

He also collected cheek swabs from Horner for DNA evidence.

A box and package containing Barbie dolls β€” shown here at a press conference in December of 2022 β€” was shown to jurors Friday in the capital murder trial of Tanner Horner. MESSENGER ARCHIVE PHOTO

Jurors also got to see the box talked about earlier in the day: a package that had been delivered by Horner to the Strand family home around the time Athena went missing. Berry opened the box and showed Yaro and the jury the box of Barbies inside.

Yaro testified that Horner attempted suicide in the Wise County Jail May 16, 2023, and that Horner left several letters to various people, including to law enforcement, his family, Athena’s family and a pastor. Berry seemed to indicate the jury would see those letters, possibly as early as Monday.

Horner’s defense attorney Susan Anderson continued to question Yaro about proper evidence handling, returning to some of the same issues she had raised earlier in the day with another witness about possible contamination of evidence.

Anderson also argued that the clothes/shoes Horner was wearing the day of his arrest may not have been the same clothes he was wearing two days earlier.

Testimony wrapped up early Friday afternoon and will resume Monday, so no more updates for today.

Day 3 (Thursday, April 9)

Ranger testifies about Horner β€œseeking a deal” for a house-arrest situation, blaming murder on β€œZero”

10 a.m.

Ranger Job Espinoza has continued his testimony from yesterday about the events of Dec. 2, 2022 β€” the night Athena Strand’s body was found after Tanner Horner, through his alter ego β€œZero,” led investigators to the Trinity River at County Road 4668 (Bobo Crossing).

When asked by District Attorney James Stainton why he β€œplayed along” with speaking to β€œZero,” the Ranger said it was all about finding Athena.

RANGER JOB ESPINOZA

β€œIf getting the truth is playing the game, I’m willing to play it,” he said.

Stainton also asked the Ranger about the many inconsistencies or lies Horner has told investigators, including if Athena was clothed when he got rid of her body. Horner initially said she was clothed when he put her in the river, but after being presented with evidence that she was not clothed, β€œZero” said he threw the clothes on the highway.

When Ranger Espinoza asked why he would do that, Horner/Zero said because it would be funny. He later admitted that he took the clothes to his Lake Worth house in a backpack.

The jury is about to watch another interview with Horner from Dec. 7, 2022, a week after the murder. Ranger Espinoza said Horner requested this interview, in which he is looking to β€œmake a deal,” which includes being able to go home wearing an ankle monitor in order to fully admit his guilt and go to prison for life.

Tanner Horner smokes a cigarette while talking to investigators in a jailhouse interview from Dec. 7, 2022. PHOTO FROM VIDEO FOOTAGE SHOWN AT TRIAL

12:30

In a video from the Dec. 7, 2022, jailhouse interview, Horner asked Ranger Espinoza about working out a deal for temporary freedom.

β€œI just want to spend one last Christmas with my son, and I’ll tell you everything,” Horner said on the video.

The Ranger told him he doesn’t have the ability to do that, and it’s not going to happen. Horner is then asked about why he killed Athena, but he kept returning to wanting to talk about a deal return home, even asking if video cameras could be put up around his house so they could keep an eye on him.

β€œThat’s basically my price,” Horner said.

When pressed, he eventually said that he didn’t kill Athena, but Zero did after Horner said he backed into the child with his delivery truck.

β€œIt wasn’t my decision. I wanted to let her go. There’s other jobs out there. He didn’t want to let her go,” Horner said on the video.

After a lengthy discussion about his life and background, Horner and the Ranger returned to talking about Zero. Horner said he’d been there for about four months, saying he’s β€œcoming out more, taking over more.” He described it in terms of a car: sometimes Tanner is driving, sometimes Zero is driving and Tanner Horner is looking on from the back seat, and other times Zero is driving and Tanner Horner is in the trunk.

When asked more about the murder, Horner said, β€œThat night, I thought it was a nightmare until I found the pants in my backpack,” he said, referring to the pair of Athena’s pants investigators recovered from his home. He went on to say that β€œZero strangled her.”

3 p.m.

Horner’s attorney Susan Anderson cross-examined Ranger Espinoza and pointed out that her client had asked questions about an attorney numerous times during the interviews, and she pointed out that investigators talked to Horner prior to reading him his rights. The Ranger responded that Horner was just detained at first as they were looking for information about Athena and her possible safety if she was still alive.

Anderson also argued that Horner had been polite to officers, didn’t threaten any officer, did not resist arrest and did not try to escape custody when they were out in the field searching for Athena’s body. She also pointed out Horner’s comments to investigators about his mental health issues and medications he had been taking.

FBI Special Agent Taylor Page then took the stand and began testifying about obtaining cellular records of Horner’s phone and vehicle, which would show the movement the day Athena was kidnapped and killed.

3:45

Bruce Sherman with the Texas Department of Public Safety testified about conducting surveillance at the Lake Worth home where Horner and his family lived. Sherman talked about watching the home the day Horner was detained until a Special Response Team (SRT) could arrive and conduct an β€œexigent search,” which can be done in cases of a person’s imminent threat of physical injury of death. Athena Strand was not located at the home.

5 p.m.

Investigators found what appears to be a child’s sock among garbage behind the Lake Worth home of Tanner Horner. PHOTO SHOWN AT TRIAL

Prosecutors were able to get in several pieces of evidence through FBI Special Agent Kurt Duross, who assisted with processing the scene at Horner’s home. That evidence included what appears to be children’s clothing found behind the shed where Horner was living at his family’s Lake Worth home. Those items, shown in crime scene photos, appear to be a child’s green sock, white pair of underwear and a pair of jeans. Those items fit the description of what Athena was wearing the day she went missing, according to prosecutors.

Other items of evidence collected inside the shed included an extra large size FedEx shirt and a large hoodie.

Day 2 (Wednesday, April 8)

Law enforcement testifies about search for suspect in Athena’s disappearance

10:30 a.m.

Game Warden Josh Espinoza testified about locating Tanner Horner β€” who was now a suspect in the disappearance of Athena Strand β€” on Dec. 2, 2022. Body camera video of the officer detaining Horner was shown to the jury. The video shows a traffic stop of Horner’s FedEx vehicle and Horner being detained and identified. The officer could be heard on the video remarking that the truck, β€œsmelled like weed, strong.”

Espinoza’s brother, Texas Ranger Job Espinoza was the next to testify. He described getting involved in the search for Athena on Nov. 30, 2022, and requesting additional resources such as a helicopter and man power. He said he learned from the family that a package had been delivered around the time Athena went missing, so a search began for the driver of that delivery van.

The Ranger leaned about possible video from the delivery truck and requested the footage from the company that contracted with FedEx to provide that service. Two short videos were provided to the Ranger around the time Horner was detained, he testified.

β€œI saw Athena still alive, and she was placed in the FedEx van by Tanner Horner. I felt possibly Athena was still alive and we needed to bring her home,” Ranger Espinoza said of one of the videos.

Almost the same time Horner was detained, officers went into Horner’s Lake Worth home to search for Athena. They did not find the child.

Shortly after Horner was detained along his delivery route, the Ranger went to the location and questioned Horner about Athena’s disappearance. His first two questions and answers: β€œWhere is she at? – I can show you.” and β€œIs she alive? – She wasn’t alive when I put her in the back of the truck.”

Ranger Espinoza said he knew that was a lie because he had seen Athena alive on the video when she was placed in the truck. He said Horner also told him Athena died when he backed into her with his van.

Horner then led investigators to a location where he said he dumped the body: a place with 10-foot-tall bamboo. Investigators searched the area but did not find her, so Horner was brought back to the sheriff’s office for a custodial interview.

12 p.m.

Jurors have been watching a body camera video showing that initial interview between investigators and Horner and the search for Athena’s body at the bamboo location. They’ve taken a break for lunch and will continue watching the video after the break.

3 p.m.

The jury got to hear Tanner Horner’s version of events in a video of an in-custody interview at the sheriff’s office from Dec. 2, 2022. Prosecutors are showing how Horner’s version of events changed. Earlier, Horner had said Athena was dead when he placed her in the back of his truck, but in this interview, he tells investigators about talking to the child.

Horner is shown in the interrogation room at the Wise County Sheriff’s Office. PHOTO FROM VIDEO FOOTAGE PRESENTED IN TRIAL

β€œShe asked if I was a kidnapper. I told her β€˜no,’” Horner said on the video.

Horner said that a voice in his head was telling him to kill Athena because he didn’t want her telling anybody what happened.

After putting her in the truck, Horner eventually told her to turn around and he attempted to take her life.

β€œI tried to break her neck – make it quick and painless as possible, but it didn’t work. She started crying,” Horner could be heard saying.

When asked how long it took to kill the child, he said about a minute, although he said it felt like longer. He told investigators he did not sexually assault Athena.

After killing the child, Horner said he wanted to leave her somewhere she could be found easily.

β€œI’m not a psychopath. At least I don’t think that I am,” he told investigators.

At one point in the interview, Horner said to the Texas Rangers interviewing him, β€œI hurt a child. Can y’all just shoot me in the head, please?”

During a break in the interview, Horner can be seen writing something on a white board. Ranger Espinoza said Horner wrote, β€œHe’s going to hurt me. Please help.” Horner later said that it was β€œZero” who was going to hurt him, apparently referring to the voice in his head or an alter ego.

5 p.m.

In the final video of the day, jurors saw Tanner Horner lead investigators to the Trinity River at County Road 4668, also known asΒ Bobo Crossing, where they located Athena’s body.

The discovery came after going back to the bamboo area on County Road 4599 where Horner initially said he put her body. Finally, Ranger Espinoza asks to talk to β€œZero,” and almost immediately, β€œZero” tells the officer where to go.

On the witness stand, Ranger Espinoza said when he went to the location on the river where Horner said he put Athena in the water, he shined his flashlight over the water and located the nude body of the child in about three feet of water.

The Ranger then took Horner back to the sheriff’s office to continue questioning him for more details, but for the entire ride back, the investigator talks more to β€œZero,” who said, β€œTanner couldn’t handle this reality, so I took over.”