Hidden True Crime - Courtroom Audio Made Jurors SOB… Then Prosecution Rests | Athena Strand Trial

Episode Date: April 18, 2026

This week on Hidden True Crime, we break down the devastating capital murder trial of Tanner Horner, the man who has pleaded guilty to the kidnapping and murder of 7-year-old Athena Strand. With the p...rosecution now resting, jurors have been forced to sit through some of the most disturbing evidence imaginable—including chilling audio from inside the delivery truck where Athena spent her final moments, testimony from her grieving mother, and a timeline that reveals calculated actions, deception, and unimaginable violence. In this episode, Lauren walks you through each day of the trial, the emotional witness testimony, and the haunting details that continue to unfold. Sponsors: Brodo- Head to https://brodo.com/HTC for 20% off your first subscription order and use code HTC for an additional $10 off. Veracity- For up to 65% off your order, head to https://VeracityHealth.co and use code HIDDEN. About Hidden True Crime What started as a simple conversation at their dinner table became a captivating podcast. Join the dynamic duo of Dr. John Matthias, a criminal psychologist, and Lauren Matthias, an investigative journalist, as they delve into the psychological facets of unthinkable crimes every week. Their unique perspectives and in-depth analysis offer a fresh take on true crime storytelling. Thank you for your support through sponsorships, subscribing, listening, and becoming a Patreon member at⁠ ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Patreon.com/HiddenTrueCrime⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Starting point is 00:02:15 Start your free trial today atora.com slash remove. Protect yourself now at aura.com slash remove. You want him to say very descriptively, you say what you did to order. This is a case that is incredibly hard to even talk about, but it's one that demands to be heard. This is the capital murder trial of Tanner Horner, the sick and twisted individual charged in the kidnapping and murder of seven-year-old Athena Strand. Athena was just a little girl with her whole life ahead of her. She was loved deeply by her family, full of personality, full of life, and in a moment that should have been completely ordinary, her life was taken from her. The details of this case are at times almost too much to process, but at the center of it all is Athena,
Starting point is 00:03:09 and the justice her family is still fighting for. For them, justice means accountability at the highest level, which in this case is the death penalty. And throughout this trial, that's what everything comes back to. We're covering this trial because Athena deserves to be spoken about. She deserves to be remembered as more than just another case. And even though the evidence and testimony will at times be extremely hard to sit through, trust me, her story is still one that needs to be told in its entirety. And if you want the full background on everything that has taken place before the trial,
Starting point is 00:03:52 we have a separate deep dive episode that breaks down the entire case from the beginning. So you can understand how it all led. up here to this moment. I realize a lot of people don't have the time, though, to sit through six plus hours of testimony every single day, but still want to understand what's happening in the courtroom and how this case is unfolding. So we're going to break it down for you day by day until precious Athena gets justice. Week one began with a shocking plea that changed the entire trajectory of the trial. And toward the end of week one, there was a a heartbreaking testimony from Athena's own mother.
Starting point is 00:04:41 She broke down on the stand and said that she doesn't want her little girl to be forgotten. I tell her that I'm sorry that I wasn't there to protect her and to stop him. I tell her that I love her and I'm about why and what she's doing in life and how much she loves and misses her. And I tell her about you and about Pat and about Michelle and about my attorneys and how y'all are working really hard to make sure that she's not forgotten and that she didn't just die. And that we'll get justice for her. Ultimately, on day eight, the state rested its case after a full day of some of the most excruciating evidence A jury can be asked to sit through. We have a lot to cover, and we will go through it all.
Starting point is 00:06:01 Let's start with day one. Day one, right at the beginning of trial on day one, 34-year-old Tanner Horner stood in front of Judge George Gallagher and said he planned to plead guilty to both charges, capital murder and aggravated kidnapping. So immediately, there was no question about whether he did it. It was already decided. The jury heard his official plea, and then they were told that due to his acknowledgement of guilt, everything would move straight into the punishment phase.
Starting point is 00:06:33 So the jury's only job is to decide one thing. Should Tanner Horner be sentenced to death or spend the rest of his life in prison? Take a listen. The name of by authority of the state of Texas, the grand jury from the county of Wise, state of Texas, duly selected, impaneled, swarm, charge, and organized as such during the January term, AD 2023 of the 271st Judicial District Court for said County. Upon their oaths present in and to said court at said turn that Tanner Lynn former, here and after Stile, defendant on or about the 30th day of November, 2022, and before the presentment of this indictment in the county and state before said, did then and there intentionally caused the death of an individual, Athena Strand, by strangling and or smothering
Starting point is 00:07:28 and or exphyxating Athena Strand with the defendant's hand, the defendant's foot, and or the defendant's body, and the defendant was in the course of committing or attempting to commit kidnapping of Athena Strand, and signed against the peace and dignity of the state by the foreperson of the grand jury. Mr. Horner, to the charge of Capitol Murray, you may plead guilty or not guilty what is your plea? Guilty or honor? Thank you. I will accept your plea. You may be seated, thank you. Ladies and gentlemen, when a defendant pleads guilty to an offense, I have done admonishments to him outside of your presence and am satisfied that this guilty plea is given freely and voluntarily. So as we get into the trial,
Starting point is 00:08:17 I will give you an instruction at the appropriate time for you to find him guilty. Okay? There will no longer be a first phase of the trial where you will be determining whether or not guilt has been proved beyond a reasonable doubt. I will give you an instruction to find him guilty. So now your sole duty will be to listen to all of the evidence that is going to be presented to you because you will be using that evidence to determine the proper punishment to be assessed. You will hear the evidence in the same manner I anticipate had Mr. Horner pled not guilty. You may use that evidence in your determination in answering the questions that we talked about to you
Starting point is 00:09:05 in the individual jury selection interviews. So I just want to let you know you're going to hear the evidence, but you're only going to be dealing with punishment, all right? And I know a lot of people have wondered why there's even a trial if Tanner is already, he's already pleaded guilty, right? And we actually know that he eventually attempted to take his own life as well behind bars. So if he doesn't want to live by fight the death penalty, some of you have asked that in comments.
Starting point is 00:09:37 Well, in a Texas capital murder case, the punishment phase still has to happen, regardless of whether the defendant pleaded guilty, a jury is required to decide between life without parole or the death penalty, even if the defendant theoretically doesn't mind the death penalty. The court can't just accept that and move on. The state still has to prove it's justified, and the defense is required to be there under the Constitution, which means that this jury has to sit through some of the most excruciating, evidence that a trial could present, not to decide guilt or innocent, but simply to decide that final punishment because they know he's guilty. And so a lot of me has also wondered,
Starting point is 00:10:24 man, for that alone, this jury, the evidence they've had to sit through. Let's continue. So after this guilty plea, Wise County District Attorney James Staten gave his opening statement, and he didn't sugarcoat anything. He straight up warned the jury that what they are going to see and hear is disturbing. He even apologized in advance. He basically said this is not something anyone wants to show, but it's necessary if they are going to fully understand what happened to Athena. At one point, he referenced a Bible verse about Satan appearing as an angel of light.
Starting point is 00:11:04 This is what this case is about. You know, when I looked at this, Katie said, most lawyers, when they're have these types of cases they have kind of a theme of the case something that that that sits with them something that that touches them here in this case I look to Paul in 2 Corinthians when he said Satan masquerades is an angel of light and that's what we have here we tell you a little bit about what you're going to see today what you're going to see over the next few we're going to present all the same evidence that you would have seen before in guilt. But that's going to expand it to include the punishment evidence
Starting point is 00:11:50 as well. So you're going to get it all in one package. Let me tell you how this is going to begin. What we're going to start with first is we're going to introduce you, do Athena, which is the most important thing, and that's the reason why we're here. So let me give you a little evidence here. Athena's last day, she was in school. She was in Ms. Thompson's first grade class. She had a rough day that day, and you'll hear Ms. Thompson talk about that. She's strong willed, very precocious. She said, Ms. Thompson's going to talk to you a little bit about that last day and tell you what went on and why that's important.
Starting point is 00:12:44 You've heard that name over and over, Athena Strand. Born May 23rd, 2015. It's sad that we have to talk about a church. child in the past tense, who she was, what she liked, who were her friends, who were her parents. It's sad that we have to have this discussion, but that's the evidence that we have to bring them. That's the evidence that's important. Next, Staten walked the jury through Athena's last day, and this part was heartbreaking. Athena had been, in her first grade, class with her teacher, Ms. Thompson. She had apparently had a bit of a rough day. He described her
Starting point is 00:13:33 as strong-willed, really right, the kind of kid with a big personality. She had just come back from spending time with her mom in Oklahoma. This was November 30th, 2022, right after Thanksgiving break. So the kids, they were back in school a little restless, excited for Christmas coming up, just normal kid stuff. He compared delivery drivers to modern day. Santa Claus. You know when a package shows up, they usually mean something good, especially for a kid. It's exciting. So when Tanner Horner pulled up in that FedEx truck, there was no reason for Athena to feel scared. If anything, she probably would have been curious or even happy to see him. He had a Walmart package with him. It looked completely normal. But instead of bringing something good,
Starting point is 00:14:21 he brought something else entirely. Violence, fear, and ultimately her death. The prosecutor also told the jury that they would be shown audio taken from inside Tanner's FedEx delivery truck. He said it would put them as close as possible to what happened without actually being there. What about Tanner Horner? Tanner Horner shows up. Deliver's package.
Starting point is 00:14:53 Leaves. Now, I'm going to put you as close as you can be without actually being there that day. We have video of it, and we're going to show it to you. Now, you may be thinking, wow, maybe we have video of the whole thing. Nope. Somebody covered up the camera because they don't want you to see. Guess what? Audio is still running, and you're going to hear it.
Starting point is 00:15:27 You're going to hear what a 250-pound man can do to a 7.000. 67-pound child. And when I say it's horrible, I mean it. I've been doing this 25 years, and I promise you, buckle up. He also made a point to say that Tanner had lied over and over again during the investigation. According to him, the only truth Tanner ever actually told was admitting that he killed Athena. Everything else was sort of just layers of lies, stacked on top of each other one by one. Then the prosecutor got into what might be the most disturbing part. of this entire case. He told the jury about the very first thing Tanner said to Athena once she was inside the truck. He leaned down and told her, don't scream or I'll hurt you. And he didn't just
Starting point is 00:16:19 say it once. He said it twice. The jury was told they were actually going to hear that audio themselves. And then he warned them that this is the kind of thing you can't unhear. He described the level of fight Athena had in that moment, a seven-year-old child facing what she had to know with certain death and still fighting back. He called her a warrior, said she fought with the strength of 100 men. And honestly, that paints as to a clear picture of just how hard she tried to survive. He then shifted to what happened in the days after. Three days later, law enforcement finally caught up with Tanner. And what's chilling is what he was doing in the meantime. He had gone right back to work.
Starting point is 00:17:03 He was out delivering packages like nothing had happened. Not only that, he made sure he was in the same FedEx truck so that he could be in control of his mobile crime scene. The prosecutor pointed out that Tanner even drove back through the area where Athena had been taken. There was a video of his truck passing right through the scene. He was reportedly talking to people, asking questions about what happened, all while sitting in the exact place where he killed her. It's hard to even process that level of cold calculation and detachment.
Starting point is 00:17:35 Then he talked about when Athena was finally found. Her body was located at a place called Bobo Crossing. He described how she had been left there, naked, in the water. He made it clear that Tanner had gone out of his way to make it difficult for investigators to find Athena. And again, it came back to the same theme. Lies, more lies. And then more. on top of that. The prosecutor said that sometimes in cases like this, you'll see someone take
Starting point is 00:18:04 responsibility, right? But he made it very clear that wasn't what happened here. He described Tanner as being focused entirely on himself. Even before Athena was found, his concern wasn't about her. It was about what was going to happen to him, about his future, about his own life. At one point, he even tried to mislead investigators by creating this whole alternate persona, basically inventing another version of himself in an attempt to throw law enforcement off. But according to the prosecutor, it didn't hold up. Investigators saw right through it almost immediately. And that fake persona ended up being just another layer of lies.
Starting point is 00:18:49 And then the focus shifted into the punishment phase and the kind of evidence the jury would see. He told them they had DNA evidence. Athena had Tanner's DNA under her fingernails, which speaks to the fact that she fought. He also said that there was also DNA found in places that should never be associated with a seven-year-old child, which is disturbing. He told the jury that they would see how this was not something
Starting point is 00:19:17 that just happened randomly in the moment. There was preparation, things like covering up a camera, planning ahead and even more unsettling, he mentioned that Tanner had been in that same area about 24 hours earlier on the same road at a different house with another young girl. Then he prepared the jury for the video evidence. He said there was about an hour of footage from inside the FedEx truck. And it wasn't just one moment of violence. He described it as repeated attempts to take her life over.
Starting point is 00:19:53 over again. He said you could hear banging coming from inside the truck. You could hear Athena screaming, and he made it clear that this was not something that happened quickly. It was prolonged. And then he addressed the defense. He said, the jury would likely hear from experts talking about Tanner's background, his life, his struggles, possible medical or psychological issues, basically explanations for why he might have done what he did. But the prosecutor said all of that is just excuses. None of that changes what Athena went through. He ended that portion by bringing it back to Athena. He reminded the jury that Athena should be here, that she would have been getting older, going to school looking forward to summer like any other kid. She would have been 11 years old
Starting point is 00:20:48 now and in fourth grade. But instead, everything about her is now spoken about in the past, and everyone in that courtroom knows exactly why. After the prosecution finished, the defense stepped in with a very different tone. If you hit that mid-afternoon slump where you're debating another coffee or caffeine or grabbing something that you don't actually need, I have found a better option lately. So has Dr. John. Brodo. This podcast is sponsored by Broto. And I have to tell you, Dr. John is obsessed with Broto. Like, I'll walk into his office and he's got a mug of it instead of coffee. He genuinely loves it. And I get why. It doesn't taste like what you think bone broth tastes like. As John explains, it's rich. It's savory and honestly feels like something that you'd get
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Starting point is 00:22:26 and an additional $10 off if you use my promo code, H-TC. Defense attorney, Stephen Goebel, focused a lot on Tanner Horner's background and upbringing. He told the jury that Tanner didn't have a stable childhood. His parents struggled with substance abuse, so he ended up being raised by his grandmother. He also said that from a young age, Tanner had been diagnosed with what was then called Asperger's,
Starting point is 00:22:53 which we now understand as part of the autism spectrum. Because of that, he received special education services throughout school. Goebel added that Tanner had dealt with other mental health issues over the year, some of which are still ongoing. He also said that during Tanner's developmental years, he had been exposed to extremely high levels of lead. According to him, it was about 24 times higher than what's considered normal. He said, you don't need to be a doctor to know that that kind of exposure can seriously affect brain development and behavior.
Starting point is 00:23:25 So the defense was clearly trying to paint a picture of someone who had a lot working against him from the start. At the same time, they did not try to deny what happened. Goebel openly admitted that the evidence in this case was overwhelming. He pointed out that Tanner had already pleaded guilty. framing it as him taking responsibility in the only way he could at this point. From there, the defense shifted to punishment. Goebel told the jury that life in prison without parole is not some easy way out. He described it as a harsh lifelong punishment, and he asked them to choose that over the death penalty.
Starting point is 00:24:06 Tanner has done what he can today. Not pleading guilty. Accepting that he's not understanding I have a different proof. The evidence is overwhelming. The state said, but... Then the trial moved into witness testimony. The first person to take the stand was Athena's first grade teacher from Paradise Independent School District, Lindsay Thompson.
Starting point is 00:25:47 She talked about what Athena was like as a student, and you could tell that she wasn't just another kid in her class. She described Athena as someone she truly adored, a free spirit, the kind of child who had a big personality and wasn't afraid to use her voice. She stood up for herself, spoke her mind, and she loved being around friends. She also spoke about Athena's last journal entry in class. Take a listen.
Starting point is 00:26:15 The following day after she was found, I looked in her journal at school, and this was the last entry in her journal. And you recognize that as her journal? Yes. Mr. Thompson, you said something. You noticed this in a journal. When exactly was that? It would have been on December 1st, 2022.
Starting point is 00:27:04 And we know Dina was murdered in November 30. Yes. What day was that that you found out? It was Saturday, December 1st. So at that point we had... No, sorry, it was on Saturday, December 2nd. December 2nd. Yes, yes, sorry.
Starting point is 00:27:24 So have we found her body that time? Yes. And you're up at school and you're looking at that time. Yes, yes. And in that particular journal week, you said that, is that during Red Ribbon Week? Yes, that was something we wrote during Red Ribbon Week. And I'm not going to have you read it exactly, but what is Athena learning in that journal entry that day? She is learning to stay away from strangers.
Starting point is 00:27:49 Stranger Danger? Yes. Work and stuff during that week in that journal entry. What's going on during that? What are the students learning about? They are learning about... just staying safe, whether it be with interaction with other people or things that they're putting into their bodies, and just learning how to be safe as a child.
Starting point is 00:28:20 Part of that would be staying away from strangers. Yes. Or people that children know are strangers. Yes. Then her testimony shifted to what happened after Athena's death, and it got emotional. And we know when was her last day of school? November 30th, 2022. You said she had a bit of them?
Starting point is 00:28:51 I did. And when you say you're writing somebody? Yes, I mean, for the most part, yes. But just to let parents know kind of like what happened at school and, you know, just kind of give them an idea of what's happening in the classroom. When Athena left her left school that day, what time is school on the way to let out? I'm 325. Let me just ask you this.
Starting point is 00:29:27 What did you say to Athena? Left leaving school that day? I told her, I gave her a hug, and I told her, I love you, and we're. will have a better day tomorrow. Did you have it tomorrow? I did not. When's the next day back at school? It would have been Thursday. Dean is not in your class is she? She is not. What about Friday? She's not in my class. And part of this is I'm going to ask you class. How did that affect your class? Those two days with her answer. It was very hard. A lot of kids, some knew, but something was not right, but I mean, everyone knew she was not there.
Starting point is 00:30:29 I was still having to count her absent. A lot of kids, you could tell their anxiety, like they were worried. They knew something was wrong. Her desk was empty, but it was a very hard two days in the classroom. So now we roll to Saturday. I found out Friday evening. Friday evening on the second. You go back to school Monday?
Starting point is 00:31:09 How do you go back to school on Monday? Because I knew that the rest of my class needed their teacher, and they needed someone to love them and support them and help them walk through this. She talked about bringing in crisis counselors to help the other students process what happened. These were first graders trying to understand something that no child should ever have to deal with. She explained that every single day, she hugs her students as they leave the classroom and tells them that she loves them. It's just something she does. But now, after losing Athena, there's always that thought in the back of her mind. What if one of them doesn't come back tomorrow?
Starting point is 00:31:52 That kind of fear wasn't there before, but now it is, and it's something she said she'll carry with her for the rest of her teaching career. Next up was Athena's stepmom, Elizabeth Ashley Strand, and she is known as Ashley. Her testimony walked the jury through those first terrified moments when everyone realized something was wrong. She explained that that afternoon, Athena had been told to go sort laundry in her room. It was just a normal chore, nothing out of the ordinary. But when it was time for dinner, Athena wasn't there. At first, it didn't immediately set off alarms. Ashley said she thought Athena might just be outside plane. They lived on land where family members were nearby. So it wasn't unusual for her to wander over and see relatives. She described Athena as a kid who loved
Starting point is 00:32:41 that kind of freedom, someone who enjoyed being outside, running around, just being a kid without a lot of restrictions. You can really picture it, open space, family close by, and a little girl who felt safe enough to explore it. But then that feeling was destroyed. Ashley said she began calling around to family members thinking maybe Athena had gone to visit them. One by one, they all said the same thing. She wasn't there. That's when it turned from a normal after into something much more serious. And when they couldn't find her anywhere, she called the police. And from there, everything escalated quickly.
Starting point is 00:33:19 She described everyone gathering together, standing in the circle, while helicopters flew overhead searching for Athena and still nothing. You can feel the panic building in that moment. When did it start to sink in that she was missing? I mean, when nobody, I mean, nobody could find her. But the biggest one was when we were all huddled in a circle and the helicopters were flying. Over us and nobody could find her. So at some point...
Starting point is 00:34:17 I can't even tell you. There were so many, probably 50 or more people. Let me just ask you, how many days did this... Now, do you notice anything? Yes. What was that? The box. She explained that she had ordered. Athena a Christmas present. It had actually been delivered to the property the same day she
Starting point is 00:35:00 disappeared. It was a set of six Barbie dolls called You Can Be Anything Barbies. Just a normal gift for a seven-year-old, something she should have been opening a few weeks later for Christmas, something that certainly signified Athena could be anything that she set her mind to as she grew up. And now she will never grow up instead. Prosecutors showed the jury a photo of Athena. inside the same delivery truck, that same day. That contrast is so stark. It's a lot to take in. Ashley, let us know that this situation tragically led to her and Athena's father, Jacob, ultimately splitting up. The stress and trauma from the situation took a toll on their marriage, which is unfortunately very common actually in situations like this. After that,
Starting point is 00:35:52 former wise county sheriff, Lane Aiken took the stand. Do you ever feel like your brain just does not shut off? Yes, because between everything we cover and life in general, I definitely feel that sometimes, often times. This podcast is sponsored by veracity, and I have been using their cortisol calming, which helps your body manage stress in a real natural way. It's doctor formulated, jug-free, and uses ingredients like aschwaganda and Elthianine to help you feel more balanced and focused.
Starting point is 00:36:31 I have been loving it. I like that it's not a huge routine, just something simple that I've added to my daily vitamins that helps me stay steady, even on busy or stressful days, which is usually like every day. And I feel more relaxed pretty quickly, honestly, which makes a huge difference in my day. So call me your stress the natural way. Head to veracityhealth.co and use code hidden for up to 65% off your order. Once again, that's Veracity, V-E-R-A-C-I-T-Y-Halth.com, CO, and use my code hidden for up to 65% off. I hope it helps you as much as it has helped me. He had been in law enforcement for decades and was the sheriff at the time Athena went missing.
Starting point is 00:37:23 He walked through how the search unfolded over those three days. At first, they treated it as a missing person case. But as more information came in, it quickly turned into a criminal investigation. He said multiple agencies got involved, including the Texas Rangers and the Federal Bureau of Investigation, which shows just how serious it became. And then on December 2nd, things really started to come together. The Texas Rangers informed him that a package had been delivered to the home around the same time Athena disappeared and that a delivery driver had been on the property. That detail ended up being the key,
Starting point is 00:38:00 and after that, Athena was found. Her body was located in the Trinity River, about 12 miles from her home. He said he went to the scene before going to meet Athena's family at a church in Cottondale. And when he talked about that moment, you could tell it stuck with him. And I'm assuming in some moment you say the family yesterday was. evening, I think more so. So we felt like we knew where she was, but we weren't sure. And so we got the family into that church, and there was a room off to the side away from the assembly hall. And I went in with them and told them that it's not looking good, but we're not sure. So I asked him to give me about 30 minutes and I would come back that I could bring the truth back to them and what the findings were.
Starting point is 00:39:40 So I went with the sack from FBI. I went down to Bovo Crossing and that bridge. And we both went down to the river and had allowed me the officer. and had that allowed me the opportunity to tell them exactly what was true. It's something that's really hard to do. But my focus was at family. I wanted them to know before any of the media. I wanted them to know.
Starting point is 00:40:21 And so that gave me the opportunity to go back and have that second meeting. with the family. And it was heartbreaking and they were just devastated. I don't know, there were probably eight or ten members of the family in there and it was a Sunday school room, classroom. I wish I could have done something to make it better, you know, because we were hoping right to the last minute, we were hoping that she was alive and well, but the information I brought back was not what they wanted to hear. He said the family was completely devastated, heartbroken, and even after all his years in law enforcement, it clearly affected him. He admitted that up until the very last moment, they were
Starting point is 00:41:17 holding on to hope that she would be found alive, but that hope just didn't pan out. Then the jury heard from Patrick McGuire, who helped track down the delivery details. His role was to figure out where that FedEx package had come from. That search led him to a large FedEx facility near Alliance Airport in the Fort Worth area on December 1st, the day after Athena was reported missing. From there, he worked with a third-party contractor, and that's how they identified Tanner Horner as the driver who would have delivered that package to the property. And at that point, the focus of the investigation started to zero in on him. And then Patrick McGuire got deeper into his interactions with Tanner. He explained that at first a supervisor
Starting point is 00:42:06 had actually called Tanner about the delivery and Tanner claimed he didn't recognize the address. Later on, when McGuire and other agents spoke with him directly, Tanner changed his story a bit. He said he had driven past the area and noticed law enforcement activity. So now he's placing himself near the scene but still not admitting anything. McGuire said he met Tanner out on his delivery route and had a pretty lengthy conversation with him. And during that interview, Tanner introduced a new detail. He claimed he had seen a green van leaving the property the day before Athena disappeared. And law enforcement took that seriously.
Starting point is 00:42:44 They actually started looking for this green van based on what he said. So in a way, he successfully redirected attention, right, at least for a little while. What's interesting is how McGuire described Tanner's behavior during that conversation. He said for most of it, Tanner seemed completely normal, calm, articulate, answering questions, clearly, going back and forth, like nothing was wrong. But then, toward the end, his demeanor changed. McGuire said Tanner became emotional, almost like he was about to cry. Tanner talked about how he couldn't believe something like this could happen and even brought up the fact that he had a child of his own. McGuire testified that he actually spoke with Tanner twice that day because something didn't add up.
Starting point is 00:43:30 There was a discrepancy with the delivery records. Tanner had told them that the package delivered to Athena's home was the last one he dropped off that day, but it had been marked as undelivered, which did not make any sense. On top of that, he was supposed to deliver several more packages after leaving the property, but he didn't. Those deliveries didn't happen until the next day. So when agents approached him again on December 1st, well, he was back out delivering those packages, they pressed him on that. And this time, Tanner gave another explanation.
Starting point is 00:44:02 He said he didn't finish his route the day before because he got sick and had to stop at a truck stop to throw up, which I'm sure caught their attention, right? McGuire said he even pulled up a photo of a green Chevy Astrovan on Google and showed it to Tanner. Tanner confirmed that it looked like the vehicle he claimed to have seen, which only pushed law enforcement further in that direction. But then something else happened that just adds to how strange all of this was. After that second interaction, McGuire watched Tanner drive away in his delivery truck. And as he was leaving, he actually, he hit a tree. It's one of those small details, but it suggests he wasn't as composed as he was trying to appear. Then came the moment where everything changed. McGuire testified that early on December 2nd, two days after Athena was reported missing, the FBR,
Starting point is 00:44:52 obtained dashed camp footage from inside the delivery truck. And in that video, you can see Tanner placing a small girl into the back of the vehicle. And that point, there was no more guessing, no more theories. It was right there on video. And with that testimony, the day came to an end. Day two of trial opened with Game Warden Joshua Espinoza, who works with the Texas Parks and Wildlife Department. Espinoza described being involved and recovering Athena's body at Bobo Crossing along the Trinity River.
Starting point is 00:45:29 When asked how this case compared to others, he said it was completely different because this was murder, not just an accident. Next to testify was Texas Ranger Job Espinoza, who identified himself as the lead investigator on the case. And he was actually the previous witness's Joshua Espinoza's brother. He explained that he first became involved on November 30th, the same day Athena was reported missing, and that he stayed involved throughout the entire search. He told the jury that even on December 2nd, there was still hope Athena might be alive. That hope came from clips they had reviewed from the FedEx truck footage, which showed she was still alive when Tanner put her inside the vehicle.
Starting point is 00:46:14 And because of that urgency, investigators moved quickly. Espinoza said they located Tanner on his delivery route and arrested him, under exigent circumstances, meaning they acted immediately due to the risk that someone could still be in danger. At the same time, other officers searched Tanner's family home in Lake Worth to see if she was there. And after that search confirmed that Athena was not at the home, officers continued questioning Tanner on scene. Body camera footage, played in court, showed Tanner being asked directly where Athena was. At first, he responded with a quote, I can show you. then came the follow-up question. Is she alive? And Tanner answered, quote, she wasn't alive when I put her in the truck.
Starting point is 00:46:59 Where she had? I can show you. I don't know what the nurse called. Is she allowed? Let's talk you out there. Okay. Let's put on her right now. From there, the footage showed him leading officers into a wooded area with thick vegetation. Officer searched the location, but Athena wasn't there. Even so Tanner insisted multiple times, that she was there. At one point, he led them to another nearby location, still directing them as if she would be found. He even said they were going too far and claimed he had kind of tossed her in. But Espinosa later testified that they now know Athena was never in those locations and had already been at Bobo Crossing the entire time. What stood out in Espinosa's testimony
Starting point is 00:47:55 was how he described Tanner's behavior during questioning. He said Tanner was calm, cooperative, and able to answer questions clearly. As he put it, he wasn't worked up. He had a cool, calm demeanor, cooperated, spoke, was articulate, joked around, made jokes at times made jokes inappropriately, sometimes even. Tanner also told investigators that he initially believed he had hit Athena with his truck. According to a statement, instead of calling for help, he started thinking about how the situation would affect his life.
Starting point is 00:48:25 He said, quote, I could lose my job or lose my source of income. I didn't know what to do. He then said he listened to a voice in his head that told him to take her, and he followed that thought. He described Athena as calm at times during the ride, even saying, quote, she was a sweet kid. He also said they talked while driving until he turned down a private road. And again, as he put it, he listened to that little voice.
Starting point is 00:49:00 And after a few moments of silence in a statement, he said, quote, I hurt her. Take a listen. When I was trying to get myself such a way into where, you know, I have an easy way to get out of the property. I kind of backed up in here. She seemed like she wasn't too incredibly hurt, but I can lose my job, lose my source of income. The way, like, everything was on the whole. I didn't know what to do. Okay.
Starting point is 00:49:36 So then what you'd love her in the show? I listened to this little voice in my head that told me, just grab her and go. So you said you didn't heard too bad? She kind of bumped her or kind of? I mean, she had super clues. Okay. So she's still talking to you, everything. What she said?
Starting point is 00:49:56 What did you tell her? I told her no. She got to ask the world of her going. I didn't like to tell her, so I just talked to her random things. I didn't... You didn't want to do? She was a sweet kid.
Starting point is 00:50:23 Okay. So you were in fear of having trouble for your biggest fear? Asking the questions. We're just talking at this point. Yeah, she's sitting down, and she's standing up, and she, in the past of your seat where she had. where she had? She's, she's hanging out. She's in the back. Okay. What she has to? Just random things. I just had it talking. It was... He didn't initially give details in that part of the
Starting point is 00:51:56 interview about how it happened, but investigators later followed up. He said he ultimately threw her body in two bushes after believing she was no longer alive. In a separate interview, he gave even more detail. He said he told us, Athena to turn around and he tried to break her neck, but it didn't work and she started crying. He said, quote, I didn't want her to see it coming. I wanted it to be as quick as possible and it didn't work. He then told investigators that he strangled her with both hands until she went limp, and afterward he tossed her body into a wooded area and left. He also said that as he was leaving, he noticed a camera nearby.
Starting point is 00:52:39 During another interview at the Wise County Jail, detectives dug a little deeper into how Tanner described his interaction with Athena inside the truck. They asked if she had ever told him her name. He said she had only told him her first name, not her last name. Then he made a comment
Starting point is 00:52:56 that he thought her first name was cool. And added, quote, I actually thought that was pretty cool because, you know, I like mythology and stuff like that. referring to Athena's Greek name. From there, investigators continued questioning him about what happened. When they asked about sexual assault, he said, I think I know what you're about to ask and no, I didn't. And when they clarified what he thought they were going to ask, he stated, you're going to ask if I sexually assaulted her.
Starting point is 00:53:30 I did not. He also brought up that he was on medication and claimed it negatively affected. his libido, which he used as part of his explanation and just hearing him describe libido in the same sentence. It was just, it was sick. Take a listen. I think I know you're about to ask him now I didn't. What am I going to ask? You're going to ask if I sexually assaulted her. Thank you. With my medication now. So this, whenever the doctors or whatever it's in her body, they're going to tell me that she
Starting point is 00:54:19 She was an exception assaulted. Tenor also told detectives that when he left the area, Athena's body was clothed when he tossed her into the bushes, except she was not wearing shoes. Most people don't realize how much their personal information is being bought and sold every day. Data brokers are making billions, pulling details about you from public records and the internet, and then packaging and selling it, usually without your consent. That's how your information lands in the hands of scammers, spammers, even stalkers. It's why you get endless robocalls and why ads seem to follow you everywhere. That's where ORA comes in. ORA actively removes your data from broker's sites and keeps it off. They also instantly alert you if your information shows up in a breach or on the dark web.
Starting point is 00:55:04 But ORA goes beyond data protection. With one app, you get a VPN, antivirus, password manager, spam call protection, dark web monitoring, and even up to $5 million in identity theft insurance, all backed by 24-7 U.S.-based fraud support. Other companies might sell just credit monitoring or just a VPN. ORA gives you all of it, together, at the same price competitors charge for just one service. Start your free trial today atora.com slash remove. Protect yourself now atora.com slash remove. As the interview continued, he backed over the timeline in a more rambling way.
Starting point is 00:55:38 He said he was trying to figure out what to do after she was in the truck. He said, quote, I had to do something with her. I didn't know what my next statement. Then he finally admitted again to the killing and happening while he was parked on a private road. When detectives told him to clearly state it, he said, quote, I killed her, followed by a pause and a groan. You want him to say very descriptively you say what you did to her. At that point, detectives shifted the conversation toward trying to get him to help recover Athena. They told him this was something that could still be handled and that cooperating could make a difference for him.
Starting point is 00:56:32 The detective said, quote, this is something that can be overcome. Tanner's response was pretty shockingly selfish. Take a listen. I haven't missed up on the first birth of my child's fucking life. Okay. I can't. Probation thing for a long time. I've got to miss out always on his Christmases, his birth.
Starting point is 00:57:32 makes him throwing up. I'm going to miss out on everything. Because I listen to some stupid voice that isn't probably even there. After roughly two hours of questioning at the jail, investigators Say Tanner eventually agreed to take them to where he had tossed
Starting point is 00:57:50 Athena's body. Throughout the ride, the detective kept saying that they just needed to bring Athena home. Espinoza also described a strange shift in Tanner's behavior during the search. He said,
Starting point is 00:58:03 that Tanner began referring to a second personality that he called zero. Espinoza said, quote, when I address him, when I needed to be talking to zero, his physical demeanor changes, his head goes into a sideways motion. His eyes roll into the back of his head and he pretends to turn into zero, pretends, he said, end quote. From there, Espinoza said, he decided to continue speaking to zero in order to get answers. In a quote, according to him that change worked in getting Tanner to cooperate further. Zero then agreed to lead them to the location. They drove to Bobo Crossing where Tanner directed them toward a cliff area near a guardrail.
Starting point is 00:58:46 That's where investigators finally spotted Athena's body in the water. As they realized what they were seen, officers could be heard saying, She's there. There she is. And then almost immediately after another voice says, Thank you, Zero. Right there. You tossed her in right there?
Starting point is 00:59:05 Yep. Is she saying? Did she say? Did she talk something to her? Oh, yes. There she is. Thank you, Zero. After Athena was recovered, investigators continued questioning Tanner's so-called second personality.
Starting point is 00:59:31 They leaned into it even more to try to get more answers. One of the detectives addressed Zero directly. Take a listen because this is chilling. chilling. Zero, thank you for getting here. But I've got a question, Zero. Hold on, what happened? Am I talking to Tanner now?
Starting point is 00:59:57 What's... I need Zero, I need to ask Zero one more question. Zero, can you come out? Zero, I need you. Talk to me. I know Tanner didn't. Sexious assault this girl. I know Tanner didn't,
Starting point is 01:00:19 but I know you did. Did you sexual assault this little girl? Did you kill you? kill this little girl, zero. I think I wouldn't do it. Thank you for bringing me to it. Thank you for letting me get her home. Day three of trial started right where things had been left off,
Starting point is 01:00:42 with Texas Ranger Job Espinoza back on the stand. The jury was shown more body cam footage from when Tanner was taken into custody after Athena's body had been recovered from the Trinity River, and the footage picked up more of the investigators questioning him about what happened, still using this idea of his zero persona. At one point, they asked him about throwing Athena's clothes out along the highway. Tanner said he thought it was funny when officers pressed him on why he did it. He said, quote, she was going to tell.
Starting point is 01:01:17 Then they followed up asking, so you had to punish her? And Tanner nodded, yes. Watch this. Did she tell you she don't want to go with you? What did you tell her? She didn't shine a fight. You didn't tell you going on the ride? No.
Starting point is 01:01:43 She didn't come back to the bus. Would you tell it? You're just going on the ride. So did you hit her before you dropped the package? I'm sorry. Tanner hit her before the package is dropped off or after. Not I want to talk to zero. I want to talk to you.
Starting point is 01:02:05 Because you're being more honest, you're being more helpful. I want to talk to you. I want to do that. I don't want to do that. I mean, I don't want you to do that. I don't want you to die. So if he dies, you die, that's not helpful for you. You know what I mean?
Starting point is 01:02:40 You're being helpful for you. I'd read to appreciate that. You said it was funny throwing her clothes out on the highway. Which highway did you throw him out on? 14. 14. So before you, we got out of Wise County? Why don't you take her clothes out?
Starting point is 01:03:02 Noiliation? She had a puncher. Did she tell you she was going to tell? She did? What did she tell you she was going to tell? At the house or at your list? The jury also saw more video from interviews at the Wise County Sheriff's Office. In one of those clips, Tanner denies being zero at that time.
Starting point is 01:03:37 He said, I'm a little flabbergasted. I was in the backseat watching everything happen, and I'm kind of freaking out. Espinoza told the jury that throughout the investigation, Tanner never actually took responsibility. He also said that while he did ask Tanner about, remorse, he never once saw him express it directly. Espinosa asked Tanner if he wanted to apologize to Athena's family, and Tanner reportedly said he wanted to give them a hug. After a short break, another video was played for the jury. Jurors were told that this interview was actually
Starting point is 01:04:12 requested by Tanner himself. And from the start of the video, he tried to set the tone saying, I imagine that you have basically a list and bullet points that you want to know from me. Then he made a specific request. He said, there's only one thing in this world that I want. I want a month. He went on to explain what he meant, saying that even if he had to be monitored or restricted, he just wanted time with his family. He said, if you give me a month with my family so I can have Christmas with my son, I will tell you everything.
Starting point is 01:04:55 Investigators made it clear that wasn't something they could agree to. And then Tanner said something that summed up his position. He said, either way, that's basically my price. He also repeatedly insisted that he was not a bad person. He said, I'm not a violent person. I am not a bad person. I have never been a bad person. Then he said, quote, I'm not some deranged psychopath.
Starting point is 01:05:20 I'm not some criminal, end quote. I think most of us are wondering if we disagree with that right now. Next, Espinoza talked about how investigators changed into more background topics asking about Tanner's personal life and work history before circling back into the details of what happened. They asked about his girlfriend, Cassie, and they asked about his girlfriend, Cassie. and his son Chester, along with his previous jobs before working for FedEx. Tanner also went into details about the delivery routes he used to run while employed there. He told investigators that during roughly six months, he worked at FedEx. He was under a lot of stress.
Starting point is 01:05:59 He described what he called mental breakdowns during that time and suggested that his mental state was deteriorating while he was on the job. This is also when he introduced more detail about the idea of his alter-eathing. You describe that as like states. I can say like, say it's a car. If I know I'm driving, it's just sometimes I'm in the backseat. And that's when Sierra was driving, I'm just kind of where I have no idea of. And I, this right here, the thing that you could recall is that night.
Starting point is 01:07:46 Investigators then started asking him to explain physical evidence, including marks on Athena's body. And in his exchange, he provided some more details. Take a listen. Any ideas on that? What she might have any scratches? You're scarring or anything like that? I mean, when I'd go over across the road, yeah, I'd throw her in the bamboo.
Starting point is 01:08:06 Okay. So that's one thing I wanted to clarify a little bit. So she was in the bamboo at first. Yes, sir. And then what makes you go over from the van derby? That's when I was in the backseat. That was the same day, right? That wasn't a different day.
Starting point is 01:08:23 came your daughter at the moor. Essentially, yeah, same day. Same time, right. When I came to, I was getting on 114 coming off of that. So essentially you went back, you had to go back, get her, put her back in the truck, and then it took it to the creek. As far as time goes, I don't think that happened.
Starting point is 01:08:46 I think it all happened. I created this. I got in the driver's seat, and that's when he took back over. Okay. So essentially it was like, this is probably not a good spot, someone's gonna find her pretty quick. if she's loved one. I wanted somebody to be able to find this more little thing.
Starting point is 01:09:05 You went to, but zero did it? That's my guess. Okay. So then that's how she ends up in the group. And I can say she, I think she would give her the respect by calling her her name, Athena. That's when Athena is a pretty name. God is a beauty and mythology.
Starting point is 01:09:24 Yeah, and I thank you for filling in that blank because I was a little confused on that. I guess I got confused on, because we went to the bamboo and she was, and she wasn't there. Sorry, kind of blood out here. It says it's okay. And then essentially, you know, once she, Athena's not there, or the band, I'm looking forplex, because you and I were,
Starting point is 01:09:41 being pretty honest, but then that's when I had, I had all talked to zero. And then zero essentially took me to the creek. So she, exactly, or any type of pattern, any type of scratch, any fact that on her, would more than likely be from you drag it on the road or something in the truck.
Starting point is 01:09:57 Right? Exactly. Okay. Um, give a mind those. mind those the truck floor does have kind of a rugged texture yeah okay and in the fat extra okay um so you don't these are in your not in your dreams or in your mind when you're recollecting some of this stuff you don't think nothing as far as like trying to smother or anything like that just straining them sorry that was it sir okay
Starting point is 01:10:25 strangling a phen I'm sorry again I just want to show her the respect you know I call her by name and I'm going to remind me who she is. It's a person. Yeah, it's a person. That's a child. So, and it is a child. So, and at that point, explain to you a little bit about the clothes. What do you think is a rash now behind taking the clothes?
Starting point is 01:10:48 I know it was essentially it was a humiliation factor. I have been like throw off trail something, I don't know. Okay, essentially put the clothes somewhere else and then, it's kind of like a story about the green band, right? So to throw this off. So if we find clothes somewhere, then you know, I don't know. If I close someone, then it kind of throws a saw. Is that your dream thought? Maybe.
Starting point is 01:11:11 That's not the theory, aren't it? Yeah. I don't know, 100%. I haven't talked to zero in a couple days. Okay. At one point, investigators confronted him directly about motive, asking if he had been worried about losing his job or his freedom. Tanner responded, I wasn't worried about the losing my freedom part,
Starting point is 01:11:31 because honestly, that's an honest accident. End quote. He went on to say that in his mind, He believed it could have been explained away saying, all it would take is just going up there and just talking to the parents and saying, like, hey, I was accidentally, I bumped your daughter. Like, there's more jobs out there. You know what I mean?
Starting point is 01:11:53 End quote. He then returned again to the idea of Zero being responsible for what happened. He said he tried to calm Athena down. But when that did not work, Zero kind of took over. He described what he claimed Zero said to her, saying, just get in the back of the van, we're going to go to the hospital. He said, I didn't do it, but he did. And that's what fucks with me.
Starting point is 01:12:17 I'm wondering who the hell's been in my head this whole time, end quote. When investigators pushed him further, they asked if it felt like zero was the one who ultimately killed her. And Tanner replied, I feel like it, yeah, I try to stop all of this from happening, end quote. The next major focus for law enforcement was, digital evidence that came from an SD card recovered from Tanner's FedEx delivery truck. Espinoza testified that the card couldn't initially be played with standard tools because it required proprietary software. He said he had to travel to North Carolina to work with the vendor
Starting point is 01:12:53 directly in order to recover the footage. After that process, the video was retrieved and reviewed, and next the jury heard from Taylor Page, who works out of the FBI Dallas field office. he took the stand to explain the digital forensics side of the investigation and how investigators tracked and preserved electronic evidence tied to the case. He walked through how digital evidence is collected, analyzed, and protected so it can't be altered or deleted during an active investigation. And after that, Lieutenant Bruce Sherman with the Texas Department of Public Safety took the stand. He had been working as a Texas Ranger at the time of Athena's death in December of 2022 and was brought in to assist with the case. He explained that when he arrived, there were already multiple agencies involved, including
Starting point is 01:13:40 several Texas Rangers and FBI agents who were actively working the scene and coordinating the investigation. Sherman described his early role as focusing on digital and online leads. That included reviewing social media, working with intelligence and counterterrorism units, and trying to identify any connections or unusual behavior in online accounts linked to potential suspects. He also testified that during the search of Tanner's family's property, cell phones were recovered from a house on the property belonging to Tanner's mother, grandmother, and brother. He said that all three family members gave consent for those devices to be searched, and he personally carried out the extraction of the data. He also clarified that Tanner himself
Starting point is 01:14:23 lived in a separate home on the property with the mother of his child, and with that, testimony for day three concluded. Day four of trial started. by shifting back into physical evidence, especially what was found inside the FedEx truck. Tanner was driving and how everything was processed. First to testify was FBI special agent Kurt DeRoss. He walked the jury through items recovered from the cargo area of the delivery truck.
Starting point is 01:14:51 He included ratchet straps and bungee cords, the kind of tied-down equipment commonly used in delivery vehicles, but were now being treated as potential pieces of evidence. After that, the jury heard from crime scene investigator Elise Amy, who had been working with the Wise County Sheriff's Office at the time. She explained her role in documenting and processing evidence connected to Athena's recovery and the overall investigation. A big part of her testimony focused on how carefully evidence has to be handled so it can be used in court later without being questioned or contaminated. One specific item she described was the package that Tanner delivered to Athena's home. She said she photographed it, documented its contents, placed everything into sealed evidence bags, and logged it into the system.
Starting point is 01:15:38 And before it was stored in the property room, she also went into detail about processing the inside of the delivery van itself. Investigators had noted markings on Athena's face that appeared to match patterns inside the vehicle, so they decided to remove sections of the van's floor for further analysis. She also explained the strict protocols CSI teams followed during evidence collection. Everything had to be done with protective gear to avoid contamination, and the scene had to be carefully controlled so nothing outside of the investigation interferes with the evidence. She said that each item must be sealed separately and properly stored to maintain chain of custody. However, later in her testimony, Amy's own credibility, it came up.
Starting point is 01:16:24 On cross-examination, she had to acknowledge that she, is no longer working as a crime scene investigator after being disciplined in an unrelated capital murder case due to lying about evidence handling. She admitted that she allowed an intern to take some photographs at a crime scene and later failed to disclose that fact to a supervisor. She said she eventually clarified what happened, but the department removed her from CSI duties and reassigned her to patrol before she ultimately resigned in October. of 2023. The next witness was Sergeant Brett Yarrow from the Wise County Sheriff's Office. He explained his background to the jury saying he had worked in multiple roles over the years,
Starting point is 01:17:09 including Canine Patrol and SWAT, before spending the last several years in crime scene investigations. He also said he now oversees the county crime lab. He explained that in smaller counties, investigators often have to wear a lot of different hats. He described doing everything from fingerprint collection and analysis to running comparisons and entering data into the system. On December 5, 2022, he said he was called in to collect buckle swabs from Tanner Horner. Those swabs were taken and logged into evidence as part of the forensic record. From there, his testimony shifted to physical evidence recovered from the FedEx truck. He told the jury that one of the items found inside the vehicle was a Dragon Ball Z backpack located between the front seats.
Starting point is 01:17:56 Photographs of the backpack and its evidence packaging were displayed and inside that backpack. Investigators recovered several personal items belonging to Tanner, including prescription medications. Yarrow testified that those included fuloxetine, which is generic for Prozac, and Adamoxetine, which is generic for Stratera and is a non-stimulent ADHD medication. He also listed other items such as deodorant, a toothbrush, toothpaste, and a soft side a lunchbox. Inside the lunchbox, he said investigators found additional items including ibuprofen, a thumb drive, a vape pen, a marking pen, and vape liquid. All of these were documented and entered into evidence. Marvel Television's Wonder Man, an eight-episode series, now streaming
Starting point is 01:18:47 on Disney Plus. A superhero remake, not exactly what we'd expect from an Oscar winning director. Simon Williams, audition for Wonder Man. to need you to sign this assuming you don't have superpowers i'll never work again if anyone found out my lips are sealed marble television's wonder man all eight episodes now streaming only on disney plus yarl also described other evidence collected in the case including muddy shoes tenor's fettix identification card and the clothing he was wearing when he was taken into custody the shoes in particular were shown to the jury in photographs yaro said they were heavily caked in mud and he noted that there was a possible reddish stain in one area.
Starting point is 01:19:32 Investigators examined the tread pattern on the shoes and compared it to markings that had been observed on Athena's face as well as patterns found inside the delivery van. The jury also saw images of Tanner's underwear that contained a white residue. Yarrow described it as appearing to be seaman, but that was met with a defense objection on the grounds of speculation. And then another piece of evidence was introduced. This time it was a white board from inside a police interview room and on it were the handwritten words, quote, he's going to hurt me please help, end quote. The jury was told this was the same room where Tanner had been processed and where the buckle swabs were collected.
Starting point is 01:20:19 Next, Sergeant Yarrow testified about another recovered item, the FedEx package containing a set of six Barbie dolls that had been delivered to Athena's home. The jury was shown the box listed as evidence. The state then moved to a separate topic involving an incident that occurred months later while Tanner was in custody. Prosecutors asked Yarrow about the reported suicide attempt in his jail cell on May 16, 2023. They also referenced letters that were written by Tanner during that incident addressed to law enforcement, family members, Athena's family, and a clergy member. The prosecution said those letters would be introduced later in the trial. The defense attorney Anderson circled back to the clothing that was collected, pointing out that there was no definitive
Starting point is 01:21:06 proof that the items collected at Tanner's arrest were the same ones he wore on November 30th, the day of the murder. And Yarrow agreed. She also questioned him about potential contamination. The defense then showed photos of Tanner's Dragon Ball Z backpack, which had been placed directly on the evidence table rather than sterile butcher paper. Anderson, pointed out that standard procedure typically requires a sterile surface to prevent contamination. She asked, quote, so if any of those items that were on the table had to be retested, there is possibility of contamination? Yaro responded, yes, ma'am, that's correct. Prosecutors pushed back, though, on redirect, stating that no evidence had been shown to be
Starting point is 01:21:48 compromised and that there had been no request to retest any of the items in question. And that is where court ended for the day. Day five of trial opened with Sergeant Brett Yaro back on the stand again, continuing to walk the jury through post-arrest evidence and materials collected during the investigation. And one of the first things shown to the jury were the letters that Tanner wrote after what investigators described as a suicide attempt in his jail cell a few months after he was arrested. Those letters were addressed to multiple people, including law enforcement, his family, and Athena's family. So let's go ahead and read the letter that was addressed to Athena's family.
Starting point is 01:22:31 It says, and I'm going to read it in its entirety, quote, to Athena's family, I wanted to start by saying how sorry I am about Athena. The entire time I've known my legal counsel, 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. I can't tell you how many countless nights I've stayed awake, unable to sleep. I pray for all of you.
Starting point is 01:23:02 Somebody was affected by my breakdown, not just your family, but my own as well. You'll never get to see your baby girl grow up. Sorry. Now my son is going to grow up without his father and protector. I owe it y'all to explain where my mind is at. Let me start by saying I have Asperger syndrome. In other words, I'm on the autism spectrum. I don't do well with change or things that are unpredictable in nature.
Starting point is 01:23:30 When I first started out as a FedEx driver, I was given a singular route. That route wouldn't change for a while. After a bit, my employer started making random changes to my route, adding stuff from other routes so they could make more money. I don't do well with change. Again, I can have meltdowns when unexpected changes to my daily routine happen. It was so bad one day I started to have a suicidal episode. I had to leave early that day, or I was going to walk myself into oncoming traffic.
Starting point is 01:24:01 The only thing that stopped me from thinking of that was my son growing up without his father. So I took off for a week and sought help. I got put on medication and a week later I was back to work. I let my employers know how I needed to keep consistent routine and I wouldn't have any issues. However, I was ignored when I returned. They did the opposite of what was good for someone like me. They made me a floater. They put me on a different route every day, every time.
Starting point is 01:24:31 I reminded them that I needed to be on a routine. It was like it would go in one ear and out the other. My mental health started to steadily get worse because of it. I couldn't just quit. I had a son and I had to take care of everything else. Then on top of all that, certain aspects of my home life, started to fall apart as well. I guess they got sick of me constantly telling them I needed consistency because they sold me off to another company without me having any say in the matter.
Starting point is 01:25:00 In hindsight, I'm starting to think they were attempting to get me to quit, which in retrospect was kind of scummy. After a while with the new contractor, I started with big top spin. My life started to kind of fall back into place. I got a car again, but I was still consistently stressed and had multiple meltdowns because even this new company had no regard for my mental health because they still refused to put me on a consistent route. The holidays came and my stress only multiplied. They forced everyone to work six days a week as volume got higher and higher. It was all the wrong place in the wrong time. I'm sorry I allowed my mental state to be unstable. I'm sorry I picked your little angel away from you. She didn't deserve it. You all didn't deserve it. My son
Starting point is 01:25:51 didn't deserve to lose his father. My mother didn't deserve to lose her son. My fiance didn't deserve to have her wedding day stripped from her. I pray that my death eases your suffering in some way. The only thing I ask for forgiveness and for you to remember my son and show him some grace and mercy, for he no longer has his father. I love you all, and I'm sorry, Tanner Horner. Side notes, FedEx themselves are quite negligent when it comes to safety. They do nothing to make sure contractors' vehicles are actually road-ready. Polaris and Big Top Spin both tell their employees to lie under beginning and end-of-day expectation because it's a pain to underground vehicles. I hope this letter both helps ease your suffering and helps with you.
Starting point is 01:26:41 your case against FedEx. Just know I have found God through all of this. With love and sorrow and remorse, I love you all and I am so sorry." And I just have to say that letter really hit me and I heard it. He blames everybody. He talks about his own son. It's lacking in my opinion so much empathy or any at all. In another letter, this one addressed to detectives. Tanner claimed that another man had been present when Athena was taken. So let's read this one. It states, quote, detective, my family is in danger. It's two days before my arraignment day, and I'm worried that I'll be killed either to or from my way to court. The day Athena was killed, I wasn't the only one involved. When I pulled up to the house, an older man had pulled a rifle on me
Starting point is 01:27:38 and demanded my wallet. It's weird. He almost expected me to be there. After he checked my wallet, he gave me instructions after handing me my wallet back. He told me to take the girl and bring her to a specific spot, the area with the tall grass bamboo in for the season. He gave me a change of clothes for the girl and told me to have her change into them before handing her over to him. He had threatened my family and I didn't know what to do so I just went along with it. Don't tell the media, by the way. I don't know if he's going to do something. If I'm killed on the way to or from the courthouse, I'll assume it was him. When I handed her over, she seemed like she knew him. It kind of freaked me out, and she calmed down
Starting point is 01:28:22 after seeing him. I shut my headlights off and followed them, and I saw him park his truck by that creek. The next day I went by there after work and saw the girl's body. I pulled her body in the water. I needed to get this out, even if it was just in writing. Don't tell the media. Don't tell my family. They'll tell the media. Don't tell the family of Athena until after their lawsuit against FedEx goes through. This is between me and you, detective. As long as it stays between us, my family stays safe. I'll gladly keep the blame as long as they're safe. The man was older, probably 50s, gray hair, short military style haircut. He was kind of fat with a bit of an upper body muscle. I handed him the girl's clothes when I gave him her.
Starting point is 01:29:10 I either missed the pants or he put them back on the truck somehow. I'm not sure. The three times he asked me about the cameras on the FedEx trucks, unless y'all find him, keep it from everybody. I don't want my family hurt. I'm sorry I've been a burden on y'all." End quote. Wild. Wild. After Yarrow's testimony, the state called FBI Special Agent Dave Rogers, who have been brought in as a senior team lead on December 2, 2022, to assist with the investigation. He described being part of the coordinated response with the Wise County Sheriff's Office and the Texas Department of Public Safety during the recovery effort on the evening of December 2, 2022. The jury were shown photos of the area where Athena was ultimately found just off County Road 4668 in an area of the Trinity River known as Bobo Crossing. Rogers described the recovery itself in detail.
Starting point is 01:30:07 He said he entered waste deep water alongside another officer to retrieve Athena's body while additional officers stayed on the shore with ropes to help stabilize them in the rocky conditions and assist in bringing her out safely. Take a listen. Kind of towards the middle of the screen and then was a hand that was very visible out of her. And then obviously, from our perspective, because we were in the water, you could only see the hand barely visible. You couldn't see the very outline, but obviously photographs
Starting point is 01:30:49 could be that advantage. But we could see just her hand in those kind of it. So, Tim and I, Agent Tim Smiley and I went into the water. I was going to go, I took one side of her body. He took the other side and grabbed her arm and her leg. And we both were trying to work our way out of the water to where we got to the other two individuals that were standing there to assist us as we came out of water.
Starting point is 01:31:43 So we, all four people were assisting her body over to the ledge that we were going to place for us so we could take the photographs and then collect the forensic or maintain the forensic preserved forensic evidence like I said, there was a rope that helped guide us because it was rocky where the pudding was unsure and we were able to kind of kind of move her up into a flat area where our photographers would. This is the, as we came out, I would say it was probably about mid-chest level where that landing was and that's where we put a thing that's bonding onto the. It was roughly, it was up to about kind of our waist, I remember right around our waist and it was about five feet from the edge into the water.
Starting point is 01:33:04 At this point, as we later up there, our photographers started taking the photographs of the body. As they took the photographs, then we put bags and tape them around her hands. And then after those were photographed, that was photographed, we then rotated her body over the back side, when more photographs were taking and then eventually rotated back to it. The images of Athena's wing, she is upright, her face up, the time you and me go into what I recall on that moment. As we looked her out and we were placed her on this bag, I remember her being really cold to the touch, firm, and then with the lights and everything that was on the bridge hitting down, she was her skin up here to keep glistening, almost kind of angel-like, what I recall it.
Starting point is 01:34:42 And then I recall bubbles escaping right where her mouth is. She was little on bubbles. And that moment where you kind of see it, but then also the reality of the trauma that was a very apparent on her body. Like an angel, just heartbreaking. After documentation at the scene was completed, Athena's body was transported to the medical examiner's office for further examination. The next person to take the stand was Dr. Jessica Dwyer,
Starting point is 01:35:20 the chief medical examiner for Dallas County. She testified that she performed Athena Strand's autopsy on December 3, 2022, just one day after her body was recovered. She explained that in cases like this, they tried to complete autopsies quickly, usually within 24 hours when possible. She also noted that when she received Athena's body, her hands had been placed in paper bags and standard procedures like nail clippings were taken to preserve any potential DNA evidence. A sexual assault kit was also conducted as part of the examination.
Starting point is 01:35:55 During her testimony, Dwyer was shown the autopsy photos, but those images were not shown directly to the jury at that moment. She described Athena's body as being covered in brown dirt or silt with vegetation present, both inside the body bag and on her body and in her hair. Dr. Dwyer testified that Athena was four foot, four inches tall, and weighed 67 pounds. One of the more significant early observations she made was related to the condition of Athena's head and neck. She described what she called congestion in that area, meaning blood, that blood had pooled and created a dark coloration, darker coloration.
Starting point is 01:36:39 Even before cleaning the body, though, she said it was clear something significant had occurred involving trauma to that region. She also identified injuries across multiple areas of Athena's body, including her head, her neck, chest, and back. She said that during her initial assessment, she did not. not observe evidence of sexual activity, but clarified that that doesn't mean it didn't happen. Then she went into more detail about Athena's head injuries, specifically explaining that there was hemorrhaging in her eyes and significant blood pooling in her head. Introducing Taco Bell's new jalapino citrus salsa with bright citrus, real red jalapinos, guahillo chilis. Usually, you add sauce to the food, but when the sauce is this good,
Starting point is 01:37:29 the food is just there to get the sauce to your mouth. rolled cassidia, not a rolled cassidia anymore. Now it's a sauce shovel. Taco Bell's jalapeno citrus salsa. Get it with any item on the canteen of chicken menu while it's here. The participating U.S. Taco Bell locations for a limited time only, while supplies last. Contact store for availability. Based on those findings, she concluded there was an ephyxia component to Athena's death, meaning her body was deprived of oxygen. She also noted that these findings were consistent with statements that Tanner had made about smothering or applying pressure during the murder. Dr. Dwyer described multiple blunt force injuries across Athena's body, including abrasions
Starting point is 01:38:11 and contusions. She said there were patterned injuries on her face that appeared in a zigzag or tread-like shape along with what she described as a great-like pattern on her jaw. She also identified injuries to her tongue, including bite marks. She said that the injuries were consistent with multiple impacts and that they all occurred while Athena was still alive. In her interpretation, the pattern of injuries suggested force being applied in a way consistent with pressure, including something like a foot pressing down rather than repeated stomping. When asked if there was any part of Athena's body that did not show evidence of injury, she responded,
Starting point is 01:38:58 no, except possibly the right arm. She then gave her official medical conclusion. Dr. Dwyer testified that Athena's cause of death was blunt force injuries with smothering and strangulation. She also described performing a specialized dissection to determine whether strangulation had occurred and said there were multiple findings supporting that, including abrasions, contusions, and internal hemorrhaging
Starting point is 01:39:26 across Athena's head, neck, trunk, and extremities. The state asked her to clarify how injury findings can differ depending on timing. They asked whether assault that occurs when someone is unconscious or deceased would necessarily look the same as one that occurs while a person is alive. Dwyer explained that it would not. She told the jury that the body reacts differently to trauma depending on whether a person is alive or dead and that medical examiners look specifically for signs of injuries that occurred before death versus those that occur after death. She reiterated that she did not observe any injuries
Starting point is 01:40:06 to Athena's genital area during her examination. But again, she said, quote, the lack of injuries does not mean that there's a possibility that sexual assault did or did not occur, end quote. Finally, she was asked about Athena's experience of the attack itself. When asked about what whether Athena endured pain and suffering based on her findings, Dwyer said, quote, yes, I think she did. After that, Dwyer was excused from the stand. And up next, Joseph Thomas, who worked as the jail administrator for the Wise County Sheriff's Office, took the stand. He explained that part of his job was keeping track of all jail records, including visitation, logs, and phone calls. The state then introduced five
Starting point is 01:40:54 recorded calls involving Tanner. And these calls were from December 3rd, 22, December 14th, December 15th, March 15th, 2023, and April 21st, 2023. The first call the jury heard was from December 3rd the day after Tanner was arrested. And in that call, Tanner told his mother that he had been pulling into a driveway when he hit Athena. He said he panicked afterward and admitted he was worried about losing his job and didn't know what to do. Let's listen to that call. They're here. They heard me at Nicholas down. I just know what.
Starting point is 01:44:24 You know what happened. When you ran out, you're going on the charge of that baby. And we're in our parents. Later that same day, jurors heard another call between Tanner and his mother. And this one got more direct. His mother asked him point blank, what happened? And whether Athena had died on her own? Tanner answered, no.
Starting point is 01:46:29 his mother reacted saying oh my god that poor baby and tanna responded quietly i know she went on to tell him he needed to think about athena and her family and to pray for them honestly really disgusting to hear him talk about his libido when his mom asked if he assaulted athena the jury also heard parts of other calls and even a recorded jail visit Some moments during the visit were emotional and others almost casual. Tanner talked about all kinds of things. He mentioned his fiance, what life in jail was like and even random topics like Dragon Ballsy. At times, he also talked about the media attention surrounding the case and even brought up the idea of making money off his story. That part especially felt jarring given what this case was about.
Starting point is 01:50:54 I just have to point out that once again, after his mom asked, if he, He raped Athena, a little girl. He said, no, I couldn't even get it up for Cassie, referring to his girlfriend, fiance, whatever. Again, there's just something about him repeatedly talking about his libido in a situation that is just so foul. And then laughing, saying he could sell his story to the media for a million dollars and buy his fiance and son a nice house, fix up his mom's house, and then toss the extra to Athena's
Starting point is 01:53:18 family. Like, here's the scraps. It's diabolical. Then he had the audacity to get emotional about not being able to see his own son. When Athena's parents will never be able to see her again, because he killed her. Anyway, after the jury sat through multiple clips from these calls, court wrapped up for the day. Day six of trial focused heavily on digital evidence from the days immediately after Athena went missing and the timeline around Tanner's actions and searches.
Starting point is 01:53:54 The first witness was Scott Morris, a digital forensic examiner with the FBI. He testified that he performed a full extraction of the phone Tanner had at the time of his arrest, going through data, searches, images, and app activity. Morris told the jury that on December 1st, 22, just days after Athena's disappearance, Tanner accessed an image showing a three-circleven diagram labeled
Starting point is 01:54:18 with Catholicism, autism, and D. VDSM, I guess to show that there's a correlation with all of those things. I'm not sure. But that same day, he also searched for a book titled Hot and Bothered, how to think about, talk about, and how the sex you really want. Investigators also showed that on that same day, Tanner searched Paradise Missing Girl and viewed multiple images of Athena. Morris testified that Tanner searched, quote, do FedEx truck cameras constantly record, suggesting an interest in how much surveillance evidence might exist. He also accessed a Facebook post from Athena's family and friends during the active search
Starting point is 01:55:02 period while she was still missing. On December 2nd, 2022, Morris testified that Tanner conducted additional searches, including types of license plates, my fiance's family makes me out to be a demon and YouTuber with the highest net worth. He again, viewed more Facebook posts related to Athena's disappearance. So clearly, Tanner was actively monitoring online activity connected to the search efforts and public reaction during the investigation. Next, the state called Kevin Hoffman, a Wise County precinct constable. He testified that he lived with his family on the same road as Athena's home. They had actually received a package delivered by Tanner on November 29th, 2022.
Starting point is 01:55:50 That's the day before Athena went missing. Hoffman explained that he also assisted in the search for Athena after she was reported missing. He said he checked his own property, which covered about 10 acres as part of the search effort. He told the jury he lives with his wife and two daughters who were seven and 10 years old at the time, meaning they were around the same age as Athena. His daughters were home when Tanner delivered the package. And his oldest daughter was the one who alerted them that they were getting a delivery. Jurors were shown dash cam footage from Tanner's FedEx truck during that delivery.
Starting point is 01:56:28 And in the video, Hoffman and his wife come outside to retrieve the package during the interaction. Canter can be heard telling them that he prefers the parents come out to get it and said that during a previous delivery, he had accidentally ruined a child's Christmas by letting them see the package. In cross-examination, the defense emphasized that Hoffman didn't report anything unusual about Tanner's behavior at the time of that delivery. He testified that he didn't view the interaction as suspicious at the time and didn't believe his family or children were in danger. But obviously, that changed after learning about Athena's case and realizing the similarities in age between his daughters and Athena. Up next, a 29-year-old woman identified as Kailin testified. Her image was blurred in court to protect her identity.
Starting point is 01:57:17 She told the jury she was raised by her grandmother and shared that she was born as a result of a sexual assault her mother experienced. She explained that she met Tanner in 2012 or 2013 when she was 16 years old through a mutual friend who played in a band with him. She described their early interactions as mostly happening through Facebook messages and around the local music scene. Their conversations often involve music, friends, and hanging out. She also testified that alcohol and marijuana were part of their social settings, and one of the exhibits shown to the jury was a cosplay photo of Kaylin dressed as a character from Death Note. She then read some messages from Tanner about this photo out loud. Tanner told her that the pitcher made him, quote,
Starting point is 01:58:05 cream his panties. He said, quote, I had to go to Walmart and buy a pair just so I could cream. them. And quote. Kaelin replied, Tanner, you're a male. It's weird that you're wearing panties. And he said, well, banana hammock, they're manties, not panties, L-O-L-J-K-J-K, end quote. Kielin also testified that Tanner was aware of her age at the time and had known that she was younger than him. She said that on one occasion when she was at his house, he told her to say that she was 18 years old if his grandmother asked. She told the jury that in June 2013 when she was 16 and Tanner was 22, they briefly entered a dating relationship that lasted about a week. Kaelin then described two separate incidents that she said
Starting point is 01:58:52 occurred during that time period that involves assault. The first incident happened in June 2013 in a shed behind his grandparents' home where she said they had been drinking and smoking. She told the jury she became very intoxicated and was not fully coherent. She said she had planned to stay the night so her grandmother would not know that she had been drinking. She testified that when she went to sleep, Tanner began touching her, kissing her, and then had sex with her. She said that they had not had sexual contact before that night.
Starting point is 01:59:25 Afterwards, she said she went home, showered, and felt gross and upset. She testified that she later told Tanner she did not want the sexual relationship with him, and did not want anything like that to happen again. She said, though, that they remained in these same social circles afterward due to mutual friends in the music scene. The second incident occurred in August 2013 at an apartment where they were hanging out with friends, drinking and playing games. She said that she got tired and went to sleep in Tanner's room instead of sleeping on the couch. She testified that she later woke up to Tanner touching her and that he then had sex with her. She described freezing and not responding and said afterward she felt violated and gross.
Starting point is 02:00:09 She told the jury she again made it clear that she did not want sexual contact with him and later distance herself from him as much as possible. Kieland also testified that she disclosed what happened to a friend, Shaley, Shaley, Shaly Moore, who she also identified as another alleged victim of Tanner. her. She said that years later, when she encountered Tanner at a bar, he tried to kiss her, and when she pushed him off, he told her that she was more fun when she was younger. Kaelan testified that after learning about Athena Strand's case, she decided to come forward and report the same of the false. She became emotional on the stand telling the jury
Starting point is 02:00:48 that she had carried a lot of guilt for not reporting them sooner and sometimes wondering if it could have prevented what happened to his other victims and ultimately Athena. She said she has been seeking therapy to cope with that. During cross-examination, the defense challenged Kaelin's credibility and the nature of her interactions with Tanner after the alleged incidents. They suggested that she had been using meth at the time of the events, but she denied that completely. The defense also asked her to describe Tanner's personality. She testified that he had come across as socially awkward and that he often seemed to pick up parts of other people's personalities in order to fit in. She said she felt like he was trying to appear cooler than he
Starting point is 02:01:31 actually was. A major focus of the defense questioning was consent and her later communications with Tanner. They suggested that she had previously expressed interest in sexual activity and that some of her statements at the time could be interpreted as consensual. Kaelin pushed back on that, repeatedly emphasizing that she was a minor during the time period and that she did not and could not consent to what happened. The defense also introduced messages where Kielin had told Tanner about a sexual experience she had with another girl, seemingly to challenge how the jury interpreted their relationship dynamic at the time. They also pointed to later messages after the alleged assault in which she had reached out to Tanner to hang out or smoke with him. Kieland
Starting point is 02:02:19 acknowledged those messages but said that they did not change what happened. Another point of questioning involved in message where she had referred to herself as a band whore. The defense used it to question her credibility, but she clarified that she meant it in being the context of being very involved in the music scene and attending a lot of shows, not in a sexual sense. Overall, I don't think this was a very good look for the defense. Up next, a woman named Shaley took the stand who Kay Lynn had mentioned in her testimony as someone that she had confided in. Shaley testified that she was 16 years old
Starting point is 02:02:57 at the time of the events and alleged that Tanner during the early morning hours of December 6th, 2014. She told the jury the incident happened after a house party where Tanner's band practiced. She explained that there had been ongoing conversations between them leading up to that night, mainly about whether or not they should be in a relationship. She testified that there were multiple conversations,
Starting point is 02:03:20 but the gist of them, to her recollectual. was Tanner trying to convince her that they should be in a relationship and quote, me telling him that I could not do that because he was seven years older than me and I couldn't lie about something that big and I couldn't be with somebody with that much of an age difference between us. She said Tanner knew her age and that they had talked about it before, including her concerns about the age gap. Shealy testified that at one point during the evening, Tanner told her that his mom would be
Starting point is 02:03:52 there and instructed her to say she was 18 if asked. She said that later that night, Tanner kissed her, but she told him she could not do anything physical with him because of their age difference. Because alcohol and marijuana were involved at the party, she said that she planned to stay overnight at the house. She testified that when she went to bed, Tanner attempted to cuddle with her, and she told him she did not want to be touched. She said she fell asleep and later woke up to Tanner. She testified that she was in and out of consciousness and only had a fragmented memory of what happened. The next morning, she said she was still with the group while drinking and smoking weed again, but later in the day, she began experiencing intense panic after Tanner again tried to touch her,
Starting point is 02:04:38 which triggered memories of the night before. She said she became overwhelmed, started hyperventilating, and went into a shed to get away before a friend picked her up. Shelly testified that she told close friends, about what happened, but didn't initially report it to police because she didn't think she would be believed. She later decided to speak publicly about the allegations in 2018 and posted about it on Facebook. She also told the jury that after she began discussing the allegations, Tanner messaged her and accused her of lying.
Starting point is 02:05:09 Prosecutors had freed part of the message aloud. It said, quote, however, it has come to my attention that you've been going around slandering my name to people saying that I, I raped you. When you know that is not the case, in the year since I've talked to you, I have not even once slandered your name or have said anything degrading about your character. So I'm asking you out of respect, please stop spreading lies and misinformation about what happened between us, end quote. Shaley said firmly that she was not lying. She also told the jury that Tanner had previously discussed sexual interests, including BDSM and consensual non-consent,
Starting point is 02:05:47 consensual non-consent. What she understood. as fantasies involving restraint. And she said those conversations made her uncomfortable, given their age difference. At one point, she testified that while she was trying to leave and get a friend to pick her up, Tanner blocked her and refused to give her the address of the house until she spoke with him.
Starting point is 02:06:07 When asked about the impact, the assault had on her life, she said, quote, I lost my sense of self for years. I became very erratic in my behavior while also losing all sense of voice for myself. I was angry. I was angry at everybody and at everything. I ended up getting into an abusive relationship that lasted four years, end quote. She also described how she felt about learning about Athena Strand's case. She said, I felt like I had been put back into 16-year-old me's body. I felt guilty for not coming forward.
Starting point is 02:06:40 I felt shame for not speaking up sooner, legally speaking. I felt a lot of pain, reliving those memories over and over and over again, as well as thinking about the amount of pain that other people have experienced at the hands of him over and over and over again. I am now back in therapy. I struggle with opening up to people and communicating effectively because I don't feel like I will be heard because I go back to that 16-year-old version of me." After her testimony, she was excused from the stand, and the next witness testified remotely. And this part, this part got pretty technical. Jackalon Ferreira, a forensic analysis with the Texas GPS Garland Crime Lab walked the jury through the DNA testing she did on Athena's sexual assault kit.
Starting point is 02:07:26 She explained that the first step she used was something called a male screening procedure. Basically, it's an initial test to estimate how much male DNA might be present in a sample so they know what's worth testing further. She also pointed out that they don't really use this method anymore, but at the time it helped guide the process. She broke it down in a really straightforward way. They only used about 20% of each swab before that screening, and the other 80% was saved in case more testing was needed at a later date.
Starting point is 02:07:55 And according to Ferrara, all three swabs they tested came back with normal, usable results. Then came the part that released out. She told the jury that male DNA was detected on both the vaginal and anal swabs. But she also clarified that at this stage, they could not say exactly what the DNA came from. It could have been blood, saliva, skin, cell, semen, any number of things. That part wasn't specified yet. She also explained why the anal swab wasn't tested further. There was a high amount of total DNA there, but not a significant amount of male DNA, specifically.
Starting point is 02:08:34 So it wasn't considered the best sample to keep analyzing. Then she shifted into testing done on clothing linked to Tanner on his FedEx polo shirt. She said they ran tests for blood and semen. The results came back positive for blood and semen. And there was also trace evidence collected. For the rest of the clothing, it was kind of a mix. A gray sweatshirt, no blood, but positive for semen. Green and white underwear, negative for both.
Starting point is 02:09:03 Black underwear. No blood, but positive for semen. One pair of jeans, blood present. No semen. Another pair of jeans, both blood and semen present. They also tested swabs from the bungee cords inside the truck, and those came back negative for both blood and semen. During cross-examination, the defense tried to poke holes in this by asking about timing. Frera admitted that she could not say when any of that biological material got there.
Starting point is 02:09:36 She couldn't tell if it was from that day, days before, or even earlier. She also said, quote, it is an estimate. It is not an exact, precise calculation, but it is a very close, rough estimate of how much total human DNA is present in that sample and how much male DNA is present as well. So overall, the takeaway from her testimony was that there was male DNA present and biological evidence on multiple items, but the defense still had room to argue about when it got there and what exactly it came from. after she finished, court wrapped up for the day. Day seven testimony picked back up. And day seven, and this part of the trial really leaned into the forensic side of things. It was a lot of lab work, a lot of technical explanations, but all of it tied back to figuring
Starting point is 02:10:32 out what exactly happened to Athena. And then later in the day, we got to hear from Athena's own mother, which was absolutely heartbreaking, but we'll get there. First up was Erica Raynaga, a forensic scientist with the Texas Department of Public Safety Crime Lab in Garland. She walked the jury through how they handled and tested samples connected to Tanner Horner. That included both blood samples and the buckle swab. She also talked about testing vaginal swabs that were taken from Athena. Her testimony was pretty straightforward, mostly focused on the process and making it clear how the samples were collected and analyzed
Starting point is 02:11:09 step by step. Then the prosecution brought in Amber Moss, who supervises the DNA section at that same DPS lab. She zoomed out a bit and explained the different types of DNA testing that were done in this case. She talked about male-specific and female-specific testing and how those tests help separate and identify whose DNA is present in different samples. She also explained where the evidence goes next after each stage of testing, kind of giving a jury a roadmap, of how everything moves through the lab. And after that, Elizabeth Seastrunk took the stand. Her role was very hands-on.
Starting point is 02:11:48 She described physically cutting pieces from the evidence like swabs and other collected items and placing them into labeled tubes so they could be sent off for further testing. And next was Ruby Kelly, another forensic scientist in the DNA section. Her testimony got more detailed
Starting point is 02:12:05 and tied specific items to the testing. She explained that she performed autosomal STR testing, which is basically the standard method used to build a DNA profile and identify a person. She ran that testing on a long list of items, including a polo shirt, a sweatshirt, jeans, underwear, socks, blue jeans, bungee cords, and multiple areas from the FedEx truck. She also performed YSTR testing, which focuses specifically on male DNA. That testing was done on the vagina. anal, anal, and oral swabs from Athena's kit, along with a known sample from Tanner. Then things shifted a bit from the lab to technology. James Becker, who is the vice president of product at Velocenter Solutions, testified next.
Starting point is 02:12:55 Becker explained that his company makes the software used in FedEx delivery vehicles, including trucks operated by subcontractors like the one Tanner worked for. He told the jury that the cameras automatically start recording as soon as the vehicle is turned on. They captured both forward-facing video and video aimed at the driver. On top of that, the system connects to GPS and cellular network so it tracks location in real time. When Becker was asked about the day Athena was taken, he described how everything unfolded from his side. He said, I was in a meeting and our customer support manager came into the meeting and asked for my assistance because they had a lawn enforcement call and they were not sure how to handle it. He continued. I went to our customer
Starting point is 02:13:40 support center to the agent that was taking a phone call. They briefed me on what was happening, that there had been an abduction and that there was video footage and that they had, I believe, an FBI agent on the line. That moment really showed how fast this situation escalated. This went from a missing child to federal agents getting involved and a private company scrambling to help put critical evidence into play. Becker said that after being contacted by the FBI, he actually used his own cell phone to record part of the video from inside Tanner's van. That clip showed a small child inside the vehicle. When he later reviewed more of the footage, he described what he saw as a driver of a FedEx delivery truck and a small child in the truck
Starting point is 02:14:29 as well. From there, Becker started digging into the GPS data. He described. He described it as following a breadcrumb trail of the truck's movements. By tracking that data, he identified several places where the truck had stopped after Athena was taken, including a gas station, a bridge, and the side of a road. He passed all of that along to investigators as they were trying to piece together the timeline. As the investigation continued, Texas Ranger Job Espinoza, who was the lead investigator on the case, actually traveled to meet Becker in person. The goal was to get the proper software and tools needed to take.
Starting point is 02:15:04 download the full video from the truck. Becker explained that pulling that footage was not quick or easy. In some cases, it could take hours to extract the recordings. So even though they knew the footage existed, there was still a waiting period while they worked through the technical side of getting it. Prosecutors then said that at some point, the camera inside the truck had been covered, but even with the camera blocked, the system still recorded audio. Up next was Kristen Cosotto, a forensic scientist with the Texas Department of Public Safety Crime Lab in Garland, and she walked the jury through more of the DNA work tied to the case. She explained, quote, as a forensic scientist, I screen evidence for biological materials such as blood and semen. I collect and preserve biological
Starting point is 02:15:49 and trace evidence. I perform DNA analysis, DNA interpretation, and prepare reports of my findings and testify in court when needed. From there, she explained her specific responsibilities in this case, which included interpreting DNA profiles, comparing them to known reference samples and writing reports based on those findings. Cosoto told the jury that the key report in the case was released on April 19, 2023, documenting the processing of the set of the toolkit. She pointed out that Texas law requires sex kits to be processed within 90 days, which is why the anal, oral, and vaginal swabs were prioritized first before other items of evidence were examined. She then broke down the two main types of DNA testing used in this case.
Starting point is 02:16:35 And this part was important for understanding how the lab reached its conclusions. The first was autosomal STR testing, which she described as the more precise method for identifying individuals. This type of testing looks at DNA inherited from both parents, which makes it highly effective for distinguishing between different people, except in the case of identical twins. She explained that this method is also what produces the strongest statistical comparison, especially when dealing with mixed DNA samples. In this case, she said autosomal STR testing produced very strong statistical support on some of the stains found on clothing with results indicating to both Tanner and Athena were contributors to those samples.
Starting point is 02:17:24 The second method, she explained, was Y-S-T-R testing. Unlike autosomal testing, this one focused only on the Y chromosome, meaning it tracks male lineage rather than a single individual. And because of that, it cannot distinguish between male relatives on the same paternal line like a father, son, uncle, or grandfather. She said YSTR testing was especially useful in this case for the vaginal anal and oral swabs because those samples often contain a mixture where female DNA can overwhelm other signals. So by isolating male DNA, the lab could detect whether a male profile consistent with Tanner's paternal line was present, even though it could not uniquely identify him on its own. So,
Starting point is 02:18:12 in simpler terms, autosomal STR testing helped narrow down specific individuals with strong statistical confidence, while YSTR testing helped confirm the presence of male line DNA, were samples in samples where it might otherwise have been harder to detect. A key part of Kristen Kosoda's testimony focused on something that can easily get misunderstood in DNA cases, which is the way scientists actually describe a match. So she explained that the lab doesn't usually use the word match in a simple, absolute way when talking about DNA results. Instead, they use more precise language
Starting point is 02:19:02 like cannot be excluded or excluded because real world DNA samples are often partial, mixed, or degraded, which makes interpretation more complicated. She broke down what those terms actually mean for the jury. So if someone is excluded, it means the known DNA profile has one or more genetic markers
Starting point is 02:19:26 that do not line up with the DNA found in the evidence sample. In other words, the person's DNA does not fit what was recovered from the item being tested. On the other hand, cannot be excluded, does not mean the person is definitively identified as the source. It only means their DNA is consistent enough with the sample that they cannot be ruled out as a possible contributor. So Cosota's point here was basically to make sure the jury understood that DNA conclusions
Starting point is 02:19:58 aren't always as easy as a clean yes or no, especially in mixed samples. The science about probabilities and consistency, not absolute certainty in the everyday sense of the word match. Cosoto then moved into the actual results from the testing, and this is where she explained what the lab found in the different samples. She said that for the autosomal STR testing done on the vaginal swab, Tanner was actually excluded. That means his DNA profile did not fully fit what was found in that sample under that testing method.
Starting point is 02:20:37 She explained that the profile they got from the swab was a mixture of two different individuals. In their interpretation, Athena was assumed to be one of those contributors, which is common, of course, in sexual assault kit analysis, where the victim's DNA is expected to be present, right? But from there, she said that the statistical comparison showed that the DNA evidence was only about twice as likely to come from Athena and an unknown individual as it was to come from Athena and Tanner. That is a very low level of distinction in forensic terms,
Starting point is 02:21:12 and it reflects how limited and mixed the sample was. Prosecutors pointed out that vaginal swabs can often contain a large amount of female DNA, which can overwhelm any male DNA that might be present. That can make it harder to get a clear autosomal profile for a male contributor, especially if the sample is degraded or mixed. Cosoto also explained that the results from the YSTR testing, which focuses on male DNA, and in that testing, she said Tanner could not be excluded as a contributor for both the vaginal and anal swabs. She added that a partial Y-S-T-R profile was also obtained from the oral swab,
Starting point is 02:21:58 and in that location as well, Tanner could not be excluded. So overall, the testing on one sample excluded him, while the Y-S-T-R testing across multiple samples showed male DNA consistent enough that he cannot be ruled out. And up next, Maitland Gandy, Athena's mother, took the stand. She began by describing the photo of Athena that had been shared with the media after her disappearance. This was also the same photo displayed in the courtroom with Athena in a beautiful big red bow. And on the stand, Maitland held a red bow in her hands. and she said that it was the same one from that photograph and that she carries it with her
Starting point is 02:22:52 whenever she comes to Texas. She told the jury that when that photograph was taken of Athena, that she had no idea that she only had a little over 24 hours left with Athena. She said that day had just been a quick drop off because Athena was heading off with her dad to look at Christmas life. The last thing she remembers saying to her was that she loved her, but it's not the kind of final goodbye she would have hoped for. When she spoke about Athena, it got more personal and honestly a lot harder to sit through. She described her as this perfect mix of sweet and wild. Athena would wear princess dresses, but still go run through the dirt without a second thought. She said she was bright, free, loving, and full of life, someone who loved everything and wanted to give love
Starting point is 02:23:43 just as much as she wanted it back. She also talked about co-parenting with Athena's dad, Jacob Strand. She said it wasn't perfect, but they tried to keep the hard parts between them and not let it spill into Athena's life. As long as Athena was happy, that's what mattered to both of them. She said most people who met Athena loved her instantly, besides one person. Any doubts at all that you, Jacob, or your family in Oklahoma, or his family here in Texas, has absolutely loved Athena.
Starting point is 02:24:16 There is no doubt whatsoever that every single person that has ever met Athena besides maybe one absolutely loved Athena. Is that the kid on the bus? It's actually the defendant in this case. I would like to think that he doesn't love her.
Starting point is 02:24:36 That kid on the bus may also not particularly care for her. Mommy did teach her that no means no. When she moved into the day, Athena went missing. She said she didn't even believe it at first. Her immediate response was just, no, she's not. She described driving from Oklahoma to Texas and what felt like no time at all, saying she made it in about 45 minutes when it normally takes her closer to two hours. She said she felt like she was having a heart attack the whole way, just telling herself if she kept
Starting point is 02:25:14 going, everything would somehow be okay. When she got there, officers told her to stay in her Jeep so she would not interfere with the search dogs. She ended up sitting there while everyone else searched not being able to help. She also said she was not allowed to join the search for two days until the dogs were no longer being used. An officer had told me that they had taken away the dogs and I could get out of the vehicle and I asked him, can I search myself? He said yes. So Ashley's dad, Jacob's dad, my dad. my uncle and Jacob and I went out and searched all of Jacob's property and the surrounding
Starting point is 02:26:03 properties, even though all of those people were probably sound asleep in their own beds. And we didn't ask permission. And later that day when more volunteers had come out and more officers arrived, I'd talk to a few, a few different investigators throughout the time. I walked lineups. I walked that county road over and over and over again. I searched Jacob's Ponds, but she wasn't there. And I'm not from that county, so I didn't know where else to go. And I didn't know where else to look. I just knew she wasn't there. And then, she spoke about the moment she was told Athena, had died. She said she immediately went into denial and told the sheriff that he didn't know what he
Starting point is 02:27:11 was talking about. She asked to see her daughter that said she was told no because of how bad the body looked. She said though that when she finally saw Athena on December 6th, she went in early before Jacob arrived because she didn't want him to see her like that. She described injuries and discoloration and said she and her dad tried to clean her up and even put her in a hospital gown because she was naked. She said she was just searching her body for anything that would make it feel like this wasn't real, but this wasn't her baby. On Tuesday, December 6th of 2022, I was allowed to see Athena for the first time. I went in about an hour before I'd actually told Jacob to show up because I didn't know what she would look like. And I didn't know how. I didn't know how
Starting point is 02:28:10 bad it would be and I didn't want him to see our daughter like that so I went in around 8 in the morning with just my dad and her ears were messed up and she had incision lines and her chin was scraped up and so we put her in a hospital gown because I didn't have clothes for her. And she was naked. And I searched her body looking for any reason that that wasn't my baby. And then we did her makeup.
Starting point is 02:29:15 So Jacob wouldn't have to see the discoloration and how bad it was. After that, she said she went to Walmart just trying to pick out clothes for her dresses, socks, panties, shoes, leggings, bows. She talked about it like she was just moving through it, not really processing it, just trying to do something, anything that felt like caring for her daughter. She also talked about Athena's little sister Rye. She said Athena had been so excited to have a sibling and would hold her like she was just completely in love with her.
Starting point is 02:30:02 She said that they were about four years apart and it was something Athena had wanted for a long time, a sibling. And next she spoke about the funeral and how she received Athena's act. on December 10th, which also happened to be Rye's third birthday. She said, bringing her daughter home like that just wasn't how it was supposed to go. She also admitted that she did not tell Rye the full truth for a long time, saying that she just kept telling her Athena was with her dad for a little longer. She didn't tell her what really happened until what would have been Athena's eighth birthday. Throughout all of this, there were moments where Maitland would look over toward Tanner with this intense stare. Tanner, on the other hand, just sat there with this quiet expression.
Starting point is 02:30:49 I mean, he looks sad, I guess, but there were not any tears. And when asked why she made a point to attend every hearing leading up to the trial, Maitland said it was because she had to cover handprint bruises around her daughter's neck and because Athena no longer has a voice of her own. She explained that for her showing up is about making sure Athena is seen as a real person, not just a headline or a case file. She said she doesn't want her daughter reduced to a number or a picture that people scroll past.
Starting point is 02:31:27 Athena was a full, real little girl who is loved, who is still loved, and who deserved to keep living her life. She said she will be her voice now and she will keep speaking for her so no one forget who she was or what was taken from her. Because I had to cover up handprint verses around my daughter's neck. And because she no longer has a voice. And I want people to know that she's not just some story. She's not just some number.
Starting point is 02:32:04 She's not just some picture you see in a headline. She was loved. She is loved and she is missed and she was real and she had a life and she wanted to live and no one can take that from her. Not a single person can take that from her. And I will be her face and I will be her voice and I will make sure that every person in this world knows that she was loved and that she wanted to live. And we want her in our lives. There was also a moment where she was asked about the video from Inside Tanner's FedEx fan. She said that she could only watch about a minute or two of it.
Starting point is 02:33:02 Even then, she seemed shaken by the idea of it. Turning toward the jury, she actually apologized. She said she was sorry to the people who have to watch it. Sorry to everyone in the room because none of them asked for what's on that video. especially not Athena. Do you have any chance to view or look at it? How much of it were you? A minute, maybe two.
Starting point is 02:33:50 I can't. And I'm very sorry to all of the innocent people that do have to watch that. I'm sorry to you. And I'm sorry to y'all too. Because none of us, not Athena, not me, not anyone in this room, Besides Tanner Horner asked for what's on that video in Athena.
Starting point is 02:34:20 Definitely didn't. Prosecutors then asked her what she still wants to know. Malin said she believes Tanner will never tell the truth, but she still wants answers anyway. She said she wants to know everything, including where Athena's shirt is. That detail clearly still haunts her. Where is Athena's shirt?
Starting point is 02:34:50 She said he probably wouldn't care enough to remember something like that or even when Athena took her last breath. And then she made this really painful contrast saying she was there when Athena took her first steps and said her first words, but not there when she took her last breath. I know he will never tell the truth, but I want to know where my daughter's shirt is. I want to know everything that he wants to. tell me that. And I doubt, I highly doubt, that he cared enough to pay attention to when my daughter took her last breath. Because I brought her into this world change. And I know when she took her first, I was there for that. I was there when she took her first steps and said her
Starting point is 02:35:47 first word. But I wasn't there when she took her last. So I want to know. where her shirt is because maybe he could give me that much grace. She said she talks to Athena every single day. She apologizes to her for not being there to protect her, tells her she loves her, and updates her about the little sister Rye and what she's doing as she grows up. She also tells Athena about all the people fighting for her in court, the attorneys and everyone working to make sure she's not forgotten and that she gets justice. Day eight began with the first
Starting point is 02:36:35 witness of the day, Athena's father, Jacob Strand. The prosecution started by asking him about his favorite memories of Athena, and his answer painted a really simple but vivid picture of her childhood. He described a spring day when he walked outside and found Athena a plain in a water trough that she had filled herself. She had taken her barbies and toys outside with her and was sitting in the trough in her dress and cowgirl boots, just plain like it was the most normal thing in the world. She was just a carefree little girl. When asked about her interest, Jacob said she was into all of the typical little girl things
Starting point is 02:37:14 like frozen unicorns and mermaids, but she also loved being outside and getting dirty. When asked if she likes singing frozen songs, he said that she's singing them 24-7. The state that showed him a box of Barbie doll. Jacob explained that those were the last Christmas gifts he and Ashley had bought for Athena. He said they had planned to give them to her, but never got a chance. From there, the testimony moved into the day Athena went missing.
Starting point is 02:37:44 Jacob said the day started off normal. He went to work, came home, spent a little time with Athena after school, and then left for a hunting trip with his dad just before dark. And before he left, he said goodbye to all of the kids and gave Athena a hug. leaving did you say bye to the peanut? Yes. I told all the kids send her by and gave her a hug and then after I was, as I was leaving I was backing up, she ran up to the truck because she wanted to give me another hug and I told her not to run up on me while I'm backing up in a truck and yeah gave her another
Starting point is 02:38:29 hug until I was your final note that with Athena alive. Yes. When he first found out Athena was missing, he said his initial reaction wasn't full panic yet. He thought she just might be outside
Starting point is 02:38:45 playing or even hiding somewhere since she was really good at hide and seek. It wasn't until later that the situation started to feel wrong. Jacob told the jury that he immediately started searching for her himself.
Starting point is 02:39:00 He said he searched every day whenever he was allowed to and he felt like, he could do it better because he knew the property and surrounding woods so well, having grown up there as well. But despite all of that searching, he never found her. The state then moved into the moment Jacob learned Athena had been found. He said it was December 2nd, and he was at Cottondale Church when he got the news. How was that for you? It was nerve-wracking and hard. Still had help, but. Jacob also shared how he still stays connected to Athena.
Starting point is 02:39:40 He said there is a spot on their property where he goes to talk to her under a fruitless pear tree that Athena loved. That tree had been one of her favorite places to sit and play. He talked about how Athena and her step-sister Alice would spend time there together all the time. He would climb the tree, bring toys outside, and even decorated, hanging their toys like ornaments. And then the prosecution asked him to reflect on how Athena's death impacted him personally as a father. And Jacob said it made him feel horrible. And he carried a lot of guilt. He said, I should have done something or been there.
Starting point is 02:40:17 I wasn't there to protect them like I should be. It made me feel horrible. Like, you know, like I should have done something or been there. I wasn't there to protect them. Like I should be like a father's role. That create you a lot of guilt? Yes. How did you handle your trauma and your pain from this?
Starting point is 02:40:58 Pretty much self-destruction. A little bit about that. I just kind of held everything and just broke me. Yes. I ruined my marriage. How did it affect your ability to eat and sleep? normal day to day. I couldn't sleep and I would only eat like every seven days. I lost like 50 pounds. Jacob ended his testimony by talking about justice and what he hoped would come from the trial.
Starting point is 02:42:04 The defendant wrote a letter to the family and the law enforcement. Do you believe that letter? Not about what you miss most about the end? Just her laugh and her spirit. She loved everybody. There anything that you want this jury to understand about the loss in this process? I just hope that the jury and the justice system will make the right decision. When the prosecution passed him to the defense, they didn't ask any questions. They simply said, Mr. Strand, we have no questions for you, and we are terribly sorry for your loss.
Starting point is 02:43:13 And next, the prosecution brought Texas Ranger Job Espinoza back to the stand, and this time the focus was the camera inside Tanner's FedEx van. Espinoza explained that investigators went through hours of footage from the van, and what they found was that Tanner had repeatedly covered the interior camera with something like, with something like a sticky note or another obvious. It wasn't just a one-time thing either. He testified that the first time he saw the camera being covered was November 26th, 2022.
Starting point is 02:43:49 And then it happened again on November 29th, which was the day, by the way, that Tanner delivered a package to the Huffman home. The family that lived on the same road as Athena, if you recall, Mr. Huffman said, his young daughters were outside playing when Tanner pulled up to deliver that package. So the fact that the camera was covered
Starting point is 02:44:07 during that stop was something the jury was clearly jury was clearly being asked to think about. And then Espinoza moved into November 30th, the day Athena was taken. He said the camera was covered again at around 409 p.m. just before Tanner arrived at Athena's home at about 5.30 p.m. The prosecution then asked about what happened after the camera was finally uncovered again. Espinoza described footage showing Tanner at a gas station, cleaning out the back of the van and later placing Athena's clothing and other items into a backpack. And let me ask you about Athena's clothes. Were you able to discover?
Starting point is 02:44:53 Yes, sir, I was. And what was that? What happened to? During the course of the view in the video, I observed, I believe some of it went into a bag. And then I also observed the defendant placing what looked to be panties and the pants into the backpack. you could obviously the cabin views up close you see them unsiping it and put them inside the backpack which we later located at the residence and on November 30 of the day of the murder are we able to see the cabin cam for the entire time on the day of the murder no sir
Starting point is 02:45:29 why is that because the defendant covered it and at some point is it uncovered and when was that Yes, sir. He uncovers it at the Loves on his way back to the FedEx station. On the day of the loan? Correct, yes, sir, on November 30th. Are you able to see what he's doing in the vehicle when he's at the Loves? Yes, sir. What's he doing with the Loves after he uncovered the Cam? He's cleaning up the FedEx Man. And after that, the jury was shown more footage from the front facing camera inside the FedEx. van in the days leading up to the disappearance. Some of it showed pretty normal driving moments,
Starting point is 02:46:13 like Tanner singing or smoking while on his route. Other clips showed him interacting with customers, including the Hubman family on November 29th. And in that footage, he got out of the van and gave the package to the Huffman parents when they came outside. And in the next clip, Tanner is again seen inside the van taking a phone call. The person on the other end asks him if he had heard about an Amber alert for a seven-year-old girl. The defense objected, and Judge George Gallagher quickly called a short recess. The rest of that clip ultimately was not shown. After the break, the jury was shown additional footage from December 1st, 2022 showing Tanner continuing his delivery route. In one scene, Tanner tried to drive down a road that was blocked by multiple vehicles. He repeatedly
Starting point is 02:47:05 honks his horn visibly frustrated and tells a woman that he is stuck and still has packages to deliver. And during that interaction, the woman tells him there had been a kidnapping involving a seven-year-old kid. And Tanner response, are you serious? Yeah, take a listen. Hey, could you tell him why need to get real? At that point, the tone and the courtroom shifted again as the state prepared to present the most critical and difficult evidence of the entire trial. This portion was so sensitive that we had to be filled in on the details from reporters who were inside the courtroom since parts of it were not streamed. And thank goodness for that. Before the video was played, Judge Gallagher gave a direct warning
Starting point is 02:48:48 to everyone present in the courtroom. He said, if you think you cannot watch it, or listen to it, leave now. Now is your time to get out. Athena's parents, Jacob and Maitland, were not present when this recording was played. According to reporters in the gallery, the video began with Tanner continuing his delivery route as normal. He has seen driving, stopping at homes,
Starting point is 02:49:20 and delivering packages. When he arrived at Athena's home, the footage shows Athena walking near the truck. Tanner is seen outside the driver's side area while Athena follows behind him. He opens the back of the truck and she stands nearby. After closing the passenger side door, she is still visible behind the vehicle. At that point, Tanner is seen lifting Athena into the truck. After placing her inside, he closes the door. And inside the truck, he appears to move her position. closer toward the front area. Athena is then heard speaking and asking, are you a kidnapper?
Starting point is 02:50:02 And that's a quote, are you a kidnapper? A question. She repeats multiple times during the recording. Tanner is her telling her to sit down, to sit back, and warning her not to scream or he would hurt her. He continues driving for several minutes while she remains inside the vehicle. At one point, she asks where they are going and Tanner responds that it doesn't matter and tells her to sit down. The camera is then covered by Tanner and from that point forward, only audio is heard. And during the audio portion, Tanner is heard asking Athena personal questions, including her age, where she goes to school, the name of her teacher and whether her teacher is nice. Athena responds to his questions and mentions she has a sister. At one point, Tanner tells her, quote,
Starting point is 02:50:56 You're really pretty. You know that. The audio later indicates that the vehicle stops. Athena asks, quote, is this your house? And Tanner responds, no, I don't live around here. She asks where he lives and he replies far away. After more time passes, the vehicle stops again. Athena repeatedly asks, What are we doing? Tanner tells her to hang out for a minute and she responds, okay.
Starting point is 02:51:29 Tanner is then heard asking her to remove her shirt. Athena repeatedly says no and asks for her mom. What follows is a prolonged period of crying, screaming, and banging sounds inside the vehicle. As the recording continued, jurors could be seen breaking down emotionally and were described by reporters as sobbing. The jurors were sobbing. Once the audio ended, Judge Gallagher immediately called for a recess, and after that, the camera was turned on again. There was originally expected to be about 30 more minutes of the most intense audio from the incident, but it appeared the state ultimately decided not to play the rest of it for the jury. Instead, they moved on to the next segment of video. evidence showing Tanner back in the FedEx truck.
Starting point is 02:52:27 In this clip, Tanner is seen pulling into a gas station shortly after the incident. The footage shows him getting out and going to the back of the delivery truck. He appears to be cleaning and rearranging the cargo area. He was also seen placing items into his backpack, including clothing that belonged to Athena. Ranger Espinoza previously testified that only Athena's pants and underwear were later recovered from Tanner's home, her shirt still has never been found. So now it makes sense why Maitland testified yesterday that she wants to know where her shirt is. After the final video was shown, the state officially arrested its case. And from there, the judge adjourned court for the day
Starting point is 02:53:10 and sent the jury home until Wednesday. On Friday, Monday, and Tuesday, there will be a series of hearings, and these hearings are meant to evaluate whether expert witnesses and scientific evidence meet legal standards for reliability before they can be presented to the jury. And that part matters here, because the defense is expected to present a significant amount of testimony focused on Tanner's mental health, developmental history, and background, which the court will first need to vet before it can be introduced. And as the state wrapped up its case, I know a lot of people are probably asking the same question about that audio. Why was it necessary to play something that horrific in court?
Starting point is 02:53:58 Those jurors, I'm sure, will never be the same again. The image of jurors sobbing. And honestly, like, I get why that question comes up. I didn't want to hear it either. I'm grateful it wasn't streamed. I would not have listened had it been. And from the outside, it can feel like, the state already had enough evidence, right, to support a death penalty verdict without having to go
Starting point is 02:54:23 that far. But from the prosecution's perspective, they only get one chance to present their case to this jury. And when you're talking about a decision as final as life or death, especially in a capital murder trial, they likely felt they needed the jury to fully understand what really went on, what what the reality of what happened, happened, not just here it described. Especially because the defense is expected to bring in a lot of witnesses about Tanner's background, mental health and life history. By the end of all of that, there is always the risk that the raw weight of the crime starts to feel more abstract after hours and hours of testimony. But the audio, the audio is not obstinate.
Starting point is 02:55:15 It's real. It sticks. It is something the jury is never going to be able to unhear, no matter what comes next. That being said, I am grateful that the jury did not end up having to hear every second of it. And I am glad that Athena's family was spared from sitting to the full extent of that recording. They have already carried so much through all of this. And I don't think they need to be put through that on top of everything else. At the end of the day, the evidence in this case speaks for itself. We already know what Tanner did. That part isn't really a question anymore. Tanner is a murderer. Now, it's the jury's job to decide whether the level of cruelty, violence, and callousness that they have seen and heard rises to the level of death penalty. And after hearing that audio,
Starting point is 02:56:13 it is hard to imagine many jurors are not already leaning in that direction. But starting Wednesday, the defense will begin presenting their sign. They will try to explain Tanner's background, his mental help, and what they believe shaped him into the person he is. And the question for the jury becomes whether any of that is enough to outweigh what they have already seen and whether it changes the sentence from death to life in prison instead. But we will be following and bringing you the very latest when it's the defense's turn to share their evidence. May justice be served for Athena.
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