Appeals court rules hearing be held on AJ Armstrong's motion for new trial

HOUSTON, Texas (KTRK) -- In a surprising turn in one of Houston's most closely watched murder cases, the 14th Court of Appeals has ordered a hearing in the case of AJ Armstrong, the man convicted in 2023 of killing his parents in their southwest Houston home.

The decision, issued just eight days after oral arguments in Armstrong's appeal, gives the defense a new opportunity to argue for a new trial, and a glimmer of hope in a case that has gripped Houston for nearly a decade.

"This is good news for my client and good news for the family," Patrick McCann, Armstrong's appellate attorney, said.

The three-justice panel's order directs the trial court to hold a hearing on the defense's motion for a new trial by Jan. 6. The ruling found that Armstrong's legal team had shown "reasonable grounds" to argue that he may be entitled to relief, concluding that the trial court "abused its discretion" in not granting a hearing earlier.

Armstrong was 16 years old when his parents, Dawn and Antonio Sr. Armstrong, were shot to death in 2016. Two previous trials ended in hung juries before a third trial in 2023 resulted in a guilty verdict. Jurors deliberated for about 10 hours after hearing testimony from 31 witnesses over 11 days.

SEE ALSO: Timeline of deaths of AJ Armstrong's parents through his capital murder trials

Central to the prosecution's case was a small speck of Antonio Armstrong's blood found on AJ's t-shirt. It was evidence discovered years later by an expert who later faced allegations of planting DNA evidence in a separate case. That complaint was later determined to be unfounded and dismissed, records show.

During the oral arguments, McCann argued that prosecutors failed to disclose the complaint to the defense.

"Had my trial counsel known that he would have made a different decision," McCann told ABC13 on Thursday.

The Harris County District Attorney's Office did not comment on the appellate order. However, in a filing last week, prosecutor Alan Curry included a list of evidence presented against Armstrong at the third trial and wrote that "the State looks forward to defending this conviction against any claim that the appellant wishes to raise."

Legal analyst Brian Wice called the appellate court's decision "a potential turning point."

"The defense loses 95 percent of the time on appeals, and it's not made any easier when it's a high-profile case," Wice said. "This gives them hope. It's difficult not to say how consequential this ruling was."

Armstrong is currently serving a life sentence in the Robertson Unit in Abilene. That's about a six-hour drive from Houston, west of Dallas.

Statement from Armstrong's defense attorney Rick DeToto:

"We are very thankful that the court has granted us this opportunity. We look forward to presenting our evidence to the trial court to show that this information should have been disclosed by the state. We will never stop in our efforts to pursue justice for A.J."

On Friday, Montgomery County District Attorney Michael R. Holley shared a statement that said in part:

"The Montgomery County District Attorney's Office is aware of recent allegations made in court filings and in the media regarding District Attorney Investigator Celestina Rossi and claims that she "planted evidence" in a capital murder investigation. These claims are not new, and facts do not support them. A nearly identical complaint was previously submitted to the Texas Forensic Science Commission-one of the highest forensic oversight bodies in the State of Texas-and after a full review, the Commission found that the complaint was without merit. The Commission appropriately dismissed the complaint."

"The Montgomery County District Attorney's Office stands firmly and unequivocally behind Investigator Rossi. Her integrity, professionalism, and commitment to the pursuit of truth have been consistently demonstrated over nearly three decades of public service. Any suggestion that she would compromise that duty is false, irresponsible, and directly contradicted by her record, her scientific credentials, and the findings of the Texas Forensic Science Commission itself."

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