Lawyer and commentator Viva Frei argued during an appearance on Human Events Daily that evidence presented in the murder trial of Karmelo Anthony undermines claims that the fatal stabbing of Austin Metcalf was an act of lawful self-defense.
Frei, who noted that he is a former litigator in Quebec but not a criminal lawyer in Texas, discussed the legal issues surrounding the case as prosecutors continue presenting evidence, including the knife allegedly used in the fatal encounter and testimony from witnesses.
"I always qualify this, I'm a former Quebec litigator, never done criminal law in the States, Texas has what's known as imperfect self-defense, so that even if your fear of immediate bodily harm was unwarranted or irrational, it can still be argued as a mitigating factor," Frei said.
Frei also criticized early reporting and online commentary surrounding the case, saying conflicting claims had circulated about the weapon involved and Anthony's reasons for being at the location where the confrontation occurred.
"The bottom line is this, first of all, misinformation, disinformation galore," Frei said. He said that some reports initially claimed Anthony used a cleat-cleaning tool rather than a knife, while others argued it was not unusual for an athlete to possess a blade at a sporting event. Frei said his understanding was that Anthony was not competing at the time and had gone to a different team's tent.
"My understanding, he wasn't even competing, he went over to the other tent, and if we want to steel man this, some people are suggesting he went over to the other tent because his team didn't have a tent, there was a storm coming in, etc, etc, so he was just taking refuge and they told him to leave and he took umbrage with that," Frei said.
Frei argued that the physical evidence described during the trial is inconsistent with a response to a minor physical altercation.
"The idea that this is touch me and I get to stab you through the heart, highlighting that, it's not like he punched somebody and the kid fell back and knocked his head and died that way, that happens as well, and then the argument is, well I obviously didn't mean to kill him at all, but then you unfortunately have to take your victim in the state that they come," he said.
Frei pointed to testimony regarding the severity of the wound sustained by Metcalf. "This is plunging a five-inch blade through his sternum into his heart with such force that it penetrates and breaks off bone from his sternum. This was intended to be lethal force, and for what?" Frei said. "For what could at best be described as battery, if that?"
"Some people sit there, 'oh he assaulted him, he put his hands on--' no, unwanted touching is battery in most places, assault is you need to cause the person or have the intention of causing the person to fear harm," Frei said.
Frei rejected arguments that the incident could establish a precedent for broad self-defense claims following routine physical confrontations.
"And the idea that somehow people want to say this is now legitimate stand your ground defense, so every time there's a shove at a track meet at a high school, you have the precedent where you can stab someone to death if you think that you're defending yourself, it's ex post facto justification, an attempt to, for what is nothing shy of murder."
Frei, who noted that he is a former litigator in Quebec but not a criminal lawyer in Texas, discussed the legal issues surrounding the case as prosecutors continue presenting evidence, including the knife allegedly used in the fatal encounter and testimony from witnesses.
"I always qualify this, I'm a former Quebec litigator, never done criminal law in the States, Texas has what's known as imperfect self-defense, so that even if your fear of immediate bodily harm was unwarranted or irrational, it can still be argued as a mitigating factor," Frei said.
Frei also criticized early reporting and online commentary surrounding the case, saying conflicting claims had circulated about the weapon involved and Anthony's reasons for being at the location where the confrontation occurred.
"The bottom line is this, first of all, misinformation, disinformation galore," Frei said. He said that some reports initially claimed Anthony used a cleat-cleaning tool rather than a knife, while others argued it was not unusual for an athlete to possess a blade at a sporting event. Frei said his understanding was that Anthony was not competing at the time and had gone to a different team's tent.
"My understanding, he wasn't even competing, he went over to the other tent, and if we want to steel man this, some people are suggesting he went over to the other tent because his team didn't have a tent, there was a storm coming in, etc, etc, so he was just taking refuge and they told him to leave and he took umbrage with that," Frei said.
Frei argued that the physical evidence described during the trial is inconsistent with a response to a minor physical altercation.
"The idea that this is touch me and I get to stab you through the heart, highlighting that, it's not like he punched somebody and the kid fell back and knocked his head and died that way, that happens as well, and then the argument is, well I obviously didn't mean to kill him at all, but then you unfortunately have to take your victim in the state that they come," he said.
Frei pointed to testimony regarding the severity of the wound sustained by Metcalf. "This is plunging a five-inch blade through his sternum into his heart with such force that it penetrates and breaks off bone from his sternum. This was intended to be lethal force, and for what?" Frei said. "For what could at best be described as battery, if that?"
"Some people sit there, 'oh he assaulted him, he put his hands on--' no, unwanted touching is battery in most places, assault is you need to cause the person or have the intention of causing the person to fear harm," Frei said.
Frei rejected arguments that the incident could establish a precedent for broad self-defense claims following routine physical confrontations.
"And the idea that somehow people want to say this is now legitimate stand your ground defense, so every time there's a shove at a track meet at a high school, you have the precedent where you can stab someone to death if you think that you're defending yourself, it's ex post facto justification, an attempt to, for what is nothing shy of murder."
