AJ Armstrong lawsuit against city of Houston emerges as jurors deliberate his fate in 3rd trial

HOUSTON, Texas (KTRK) -- Even after AJ Armstrong's time in a criminal courtroom concludes, he may have more matters to handle on the civil side of the law and in a federal courtroom.

According to a lawsuit filed in federal court Tuesday afternoon and obtained by Eyewitness News, Armstrong is suing the City of Houston for allegedly violating his civil rights. He alleges one or more people inside the Houston Police Department planted his father's blood particle on a T-shirt admitted as evidence in his third capital murder trial.

Word of the lawsuit emerged as jurors began deliberating his fate.

"I've never seen a federal lawsuit filed on the day of closing arguments," Steve Shellist, an attorney who is not involved in either the criminal or civil cases, said. "It's just too big of a coincidence. There must be some intent behind it."

Armstrong's defense team questioned the presence of blood on Armstrong's clothing during the seventh day of the trial.

SEE MORE: Father's blood found on AJ Armstrong, DNA expert testifies at 3rd trial

Celestina Rossi, a blood spatter and crime scene reconstruction expert, testified that she discovered the blood on June 2, 2023, days before Armstrong's trial was supposed to start, when she went to the HPD's property to view the bloody pillows collected from Antonio Sr. and Dawn Armstrong's bed.

Rossi told the jury that when she was given the list of all the Armstrong evidence while in the police property room, she noticed Armstrong's T-shirt, pants, and sandals had been collected.

Rossi said when she laid out Armstrong's gray T-shirt, she "immediately saw what appeared to be an almost reddish, brown stain touching the bottom of the police sticker."

Upon further testing of the blood, Courtney Head, with the Houston Forensics Science Center, confirmed the blood is "very likely" from Antonio Armstrong Sr.

Rossi testified that when she received the shirt, part of the police nametag appeared to be peeling, revealing the first stain. She conceded on the stand that the stain could be from cross-contamination.

In the lawsuit filed in the U.S. District Court for the Southern Division of Texas, the gray T-shirt AJ was wearing at the time of the murders was tested by the Houston Forensic Science Center and no DNA was found. Additionally, the suit stated officers testified no blood was found on AJ when he was arrested.

The suit further alleges that "human action" after the shirt was taken from AJ caused his father's blood particle to be there.

SEE MORE: New evidence, likely blood, in AJ Armstrong's murder case, subject of postponed hearing, sources say

The lawsuit doesn't mention a specific monetary amount Armstrong seeks. None of his criminal case attorneys are representing him. Instead, Houston attorney Randall Kallinen is taking up the civil case, which he will discuss during a news conference set for Wednesday morning, according to a release. Calls and texts to Kallinen went unanswered Tuesday night.

Mary Benton, communications director for Mayor Sylvester Turner's office, told ABC13 that she was not sure whether the city had been officially notified about the lawsuit.

"Once we receive details, the City will respond first in court and not in the media," she added in a text message to ABC13.

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