Defense Rests, State Calls Rebuttal Witnesses

Day 16 of the Tanner Horner trial brought the punishment phase close to an end. The defense called its final witness Monday before resting its case, and prosecutors responded with rebuttal testimony focused on prison conditions, prior allegations, and whether Horner would remain a future danger if sentenced to life without parole. Horner has already pleaded guilty to capital murder and aggravated kidnapping in the 2022 abduction and killing of 7-year-old Athena Strand, leaving jurors to decide between the death penalty and life in prison without parole.

Dr. Jolie Brams Testifies for the Defense

The day began with Dr. Jolie Brams, a forensic psychologist and child development expert, who testified about her evaluation of Horner. Brams described Horner’s childhood as marked by instability, including his mother’s incarceration and absence, and said those disruptions were harder for a child who already struggled to process the world around him.

Brams told jurors Horner had difficulties tied to fetal alcohol spectrum disorder and autism, along with a family environment that was unable to give him consistent daily guidance. She also testified that Horner told her he was sexually assaulted as a child by a landlord.

When asked about Horner’s claimed alter ego, “Zero,” Brams said she did not believe he had dissociative disorder or multiple personalities. She described him instead as deeply impaired and extremely immature for adulthood.

Defense Expert Says Her Testimony Was Not an Excuse

Brams made clear that she was not excusing the crime. She testified that her role was to explain who Horner is so the jury could understand him more completely before deciding his sentence.

On cross-examination, prosecutors pressed her on whether earlier interventions would have prevented the crime. Brams said she believed there was a possibility Horner’s life could have taken a different developmental path if he had received needed services when he was young. She also agreed that Horner knew strangling Athena would cause pain and could lead to death.

After Brams’ testimony, the defense rested its case.

State Calls Prison Classification Official

The prosecution then began rebuttal testimony with Timothy Fitzpatrick, the director of classification for the Texas Department of Criminal Justice. Fitzpatrick testified about how inmates sentenced to life without parole are housed in Texas prisons. He said someone serving that sentence for capital murder could be placed in general population, housed with other inmates, work prison jobs, attend recreation, eat in a cafeteria, participate in activities, and receive contact visitation.

Fitzpatrick also testified that death row is more restrictive and structured. He said death row inmates remain at the same facility, live in a cell alone, and are searched, restrained, and escorted when they leave their cell.

The testimony went directly to one of the central questions jurors must answer in a Texas death penalty case: whether Horner would be a continuing threat. The defense has argued that prison structure would reduce that risk. Prosecutors used Fitzpatrick to show jurors that life without parole does not necessarily mean total isolation.

Cousin Testifies About Prior Allegations

Prosecutors also called a man identified as Billy, who said he was raised as Horner’s cousin. He testified that Horner sexually assaulted him twice when they were children, first around 2004 and again around 2007. He also described a later incident, around 2008, when he said Horner told him he wondered what it would be like to kill someone.

The judge allowed the testimony over a defense objection. The witness said he came forward after speaking with defense representatives before trial and later posting publicly about the allegations.

Forensic Psychiatrist Testifies on Future Danger

The state’s final major rebuttal witness was Dr. Michael Arambula, a forensic psychiatrist. Arambula testified that he evaluated Horner and reviewed evidence in the case, including audio and video, sworn statements from relatives, medical records, and other records.

Arambula told jurors he did not diagnose Horner with autism spectrum disorder, but he was willing to accept the diagnosis given by other experts. He said Horner’s actions during the abduction showed an ability to adapt, change behavior, and solve problems under stress, including trying to keep Athena calm and later trying to cover up the crime.

Arambula testified that he believed there was a probability Horner would commit future acts of violence and remain a continuing threat to society. On cross-examination, he acknowledged that he had not diagnosed Horner with sexual sadism, pedophilic disorder, or as a sexually violent predator, and that records did not show Horner had engaged in violent behavior against others while in custody in Wise or Tarrant counties.

Both Sides Rest

By the end of the day, both sides had rested. The judge told jurors they would review exhibits before returning Tuesday morning for closing arguments. Each side was expected to have up to an hour for closings. The judge also denied a defense motion asking that the death penalty be barred because of Horner’s autism diagnosis.

Day 16 left the case ready for the final arguments. The defense closed its mitigation case by asking jurors to consider Horner’s developmental history, trauma, and mental health. Prosecutors answered with rebuttal testimony aimed at future danger, prison conditions, and allegations from Horner’s past.