TX - Former NFL Antonio Armstrong & wife Dawn, both 42, fatally shot, Houston, *son charged* 29 Jul 2016 *Mistrials, 3rd trial in 2023 Guilty*

  • #461

New hearing called in Armstrong Jr. case to suppress evidence; likely related to new DNA evidence on clothing​

KPRC 2 Investigates first reported Monday on the new DNA evidence​


6/15/2023

Judge Kelli Johnson granted a hearing to discuss a motion to suppress evidence on June 20, according to court records.
 
  • #462
From the article:

HOUSTON, Texas (KTRK) -- What is likely blood evidence has been found on A.J. Armstrong's T-shirt he was wearing the morning he was arrested and charged with his parents' murders, according to multiple sources.

A hearing is expected to happen Tuesday in which Judge Kelli Johnson will ultimately decide whether or not the evidence will be allowed into Armstrong's third capital murder trial. The hearing could last several days before she rules. Multiple motions were filed Wednesday in regards to the hearing, though they have been sealed from the public.
 
  • #463
According to the court site - it looks like they took out the motions hearing on 6/20. Here is my post regarding the next hearing last week.

Docket update:

Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
7/31/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered START AT 10:30 To Be Set

6/20/2023 09:30 AM 178 Master Docket
Motion to Suppress Evidence Hearing
N/A Data Not Entered JTRL 7/31 To Be Set

6/12/2023 09:00 AM 178 Trial Docket
Jury Trial
Reset By Court
Present 7/31/2023 Present

6/05/2023 09:00 AM 178 Trial Docket
Jury Trial
Continued N/A Present 6/12/2023 Present


Next/Last Setting Date 6/20/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records

and now it shows:

Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
7/31/2023 09:00 AM 178 Trial Docket
Jury Trial
Data Not Entered START AT 10:30 To Be Set

6/12/2023 09:00 AM 178 Trial Docket
Jury Trial
Reset By Court N/A Present 7/31/2023 Present


Next/Last Setting Date 7/31/2023


link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records


Maybe the attorneys settled on that DNA - or ??
 
  • #464
Not finding any articles saying it was cancelled - I shall keep it there until Tuesday & see what the court site says.
 
  • #465
Not too sure IF this motions hearing is still on - the court site still says next hearing (trial) on 7/31/23. BUT! :) I shall post this anyway - just in case they have not updated their court site.

Tuesday, June 20th:
*Motions Hearing (@ 9:30am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – *Antonio “A.J.” Armstrong, Jr. (16 @ time of crime/17/now 23) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond 4/12/17.
First trial: after ~20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
2nd Re-trial After ~18 hours of deliberations verdict was 4 for Guilty & 8 not guilty. Judge Kelli Johnson declared (another) mistrial.
3rd Re-trial began on 5/2/23 with jury selection & ended 5/19/23 with total of 48 potential jurors back on 5/31/23 for final jury selection.
12 jurors & 4 alternates were selected. (6 women (4 white & 2 Hispanic women) & 10 men (4 Hispanic, 2 Black, 2 white & 2 Asian men). Four of these jurors are alternates, but those 4 are not being told that until it’s time to deliberate.
There are two Marines, engineers in the oil & gas industry, a retired teacher, a Space Center Houston worker & therapists who work or have worked with mental health patients. The jurors range in age from a 26-year-old man to a 65-year-old grandmother.
Trial was set to begin on 6/12/23 continued on 7/31/23.
Judge Kelli Johnson presiding. Prosecutors John Jordan, Ryan Trask & Sarah Seely. Defense attorneys Rick Detoto, Jennifer Carpenter & Chris Collings.

Court info from 12/11/19 thru 10/26/22 (2nd trial) thru Jury Selection 5/31/23 thru 6/8/23 reference post #447 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-23

6/12/23 Monday: The third capital murder trial for Armstrong Jr. was reset again Monday morning. Opening statements are now set for 7/31/23. “There is a continual, ongoing issue that must be addressed," Judge Kelli Johnson said in court. “Please don’t speculate as to what that issue is because the information has not been released.” Opening statements will start at 10:30am on 7/31/23 & the trial is projected to end Aug. 23, 2023.
For more info see posts #450 & 451 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-23

6/14/23: Order-Motions to file under seal-Granted. Order: Sealed motion inspect evidence. Order: SLD Motion additional funds expert. Motions filed under SLD. SLD motion inspect evidence. 6/15/23: Order-Place defendant sub under confidential. What is likely blood evidence has been found on Armstrong's T-shirt he was wearing the morning he was arrested & charged with his parents' murders, according to multiple sources. A hearing is expected to happen Tuesday in which Judge Kelli Johnson will ultimately decide whether or not the evidence will be allowed into Armstrong's third capital murder trial. The hearing could last several days before she rules. Multiple motions were filed Wednesday in regards to the hearing, though they have been sealed from the public. Next motion to suppress evidence hearing on 6/20/23 @ 9:30am.
 
  • #466
HOUSTON, Texas (KTRK) -- A.J. Armstrong was supposed to be back in court on Tuesday morning for a hearing regarding what appears to be new evidence in his third capital murder case.

But, according to sources close to the case, the hearing was postponed and is now set to take place during Armstrong's trial, which has been delayed until July 31.


Tuesday, June 20, 2023 8:40AM
 
  • #467
Not finding any articles saying it was cancelled - I shall keep it there until Tuesday & see what the court site says.
Hi @Niner, there will be no hearing for today, June 20, not until trial on July 31. :)
 
  • #468
Updated: June 20, 2023 at 9:02 AM


HOUSTON – A hearing that was scheduled for Tuesday morning to consider a motion to suppress evidence in the third murder trial of Antonio “AJ” Armstrong, Jr. has now been delayed until the start of the July 31 trial.
 
  • #469
Updated: June 20, 2023 at 9:02 AM


HOUSTON – A hearing that was scheduled for Tuesday morning to consider a motion to suppress evidence in the third murder trial of Antonio “AJ” Armstrong, Jr. has now been delayed until the start of the July 31 trial.

Thanks - I just saw this in my email alerts! You are fast! :) I shall correct my notes - and again thanks for posting this.
 
  • #470
(Thanks for keeping this thread updated @Niner and @arielilane)

what's up with this? yeah right, ok then. Can't imagine that hearing should take long. This is like the stuff of novice crime writers.
 
  • #471
(Thanks for keeping this thread updated @Niner and @arielilane)

what's up with this? yeah right, ok then. Can't imagine that hearing should take long. This is like the stuff of novice crime writers.

That is what I was thinking - a very short meeting - probably will do this hearing before the trial starts & jury brought in.

Court site says trial starts at 9am - but I have seen in articles that it is supposed to start at 10:30am. Maybe they changed the time - so they can have that hearing. I shall look back on the thread & see what time it was when I first posted the date.

edited - nope always has been 9am on the court site so that is what I shall put on my notes.
 
  • #472
I corrected my calendar to 9 am ... initially had opening statements @10:30 am. :oops:
 
  • #473
I corrected my calendar to 9 am ... initially had opening statements @10:30 am. :oops:

I was thinking they will have that motions hearing at 9am - and then hopefully opening statements at 10:30am. I guess we shall see, eh?! :)
 
  • #474
  • #475
Activities:
Date Type Description SNU/CFI
07/25/2023 ORDER PLACE APP/SUB UNDER CONFIDENTI SNU: 932 07/25/23
07/25/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 07/25/23

07/20/2023 ORDER PLACE APP/SUB UNDER CONFIDENTI SNU: 933 07/20/23
07/20/2023 OFFENSE CAPITAL MURDER (MULTI MURDER) LEVEL FC 07/20/23


Settings:
Date Court Post Jdgm Docket Type Reason/ Appearance Court Results/ Setting Type Defendant Future Date Comments Attorney Appearance Indicator
7/31/2023 09:00 AM 178 Trial Docket
Jury Trial

Data Not Entered START AT 10:30 To Be Set


Next/Last Setting Date 7/31/2023

link: Office of Harris County District Clerk - Marilyn Burgess | Search Our Records
 
  • #476
Repost of 2 links for clarity and organization to this already perplex case! ;)



Published: June 28, 2023 at 7:12 PM

[...] Judge Kelli Johnson opted to decide on the new evidence hearings during the trial that is now expected to begin on July 31.





Published: June 29, 2023 at 5:55 AM

[...] KPRC 2 Investigates has learned through sources one of the original twelve jurors was excused for personal reasons. That means one of the four alternates is moving into the jury of 12 to hear the case, leaving the court with three alternate jurors.
 
  • #477
  • #478
AJ Armstrong is the Houston man accused of killing his parents in 2016 when he was a teenager. He has sat through two murder trials that have ended in a mistrial because jurors couldn't agree on a verdict.



HOUSTON — The third AJ Armstrong murder trial is set to begin Monday, July 31.

Armstrong is the Houston man accused of killing his parents in 2016 when he was a teenager.

He has sat through two murder trials that have ended in a mistrial because jurors couldn't agree on a verdict.

Opening statements for this third trial were expected to take place on June 5, but the trial was postponed for a week after that for an issue "outside the court's control," and then delayed again until July 31.
 
  • #479
Monday July 31st:
*Evidence Hearing & then *Trial set to begin (@ 9am CT for Hearing & trial begins @ 10:30am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – *Antonio “A.J.” Armstrong, Jr. (16 @ time of crime/17/now 23) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond 4/12/17.
First trial: after ~20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
2nd Re-trial After ~18 hours of deliberations verdict was 4 for Guilty & 8 not guilty. Judge Kelli Johnson declared (another) mistrial.
3rd Re-trial began on 5/2/23 with jury selection & ended 5/19/23 with total of 48 potential jurors back on 5/31/23 for final jury selection.
12 jurors & 4 alternates were selected. (6 women (4 white & 2 Hispanic women) & 10 men (4 Hispanic, 2 Black, 2 white & 2 Asian men). Four of these jurors are alternates, but those 4 are not being told that until it’s time to deliberate.
There are two Marines, engineers in the oil & gas industry, a retired teacher, a Space Center Houston worker & therapists who work or have worked with mental health patients. The jurors range in age from a 26-year-old man to a 65-year-old grandmother. 6/27/23 Update: One of the original twelve jurors was excused for personal reasons. That means one of the four alternates is moving into the jury of 12 to hear the case, leaving the court with three alternate jurors.
12 jurors & 3 alternates as of 6/27/23. (6 women & 9 men).
Trial set to begin on 7/31/23. Judge Kelli Johnson presiding. Prosecutors John Jordan, Ryan Trask & Sarah Seely. Defense attorneys Rick Detoto, Jennifer Carpenter & Chris Collings.

Court info from 12/11/19 thru 10/26/22 (2nd trial) thru Jury Selection 5/31/23 thru 6/14/23 reference post #465 here:
https://www.websleuths.com/forums/t...l-2016-mistrial-retrial-1-6-20.313665/page-24

6/15/23: Order-Pace defendant sub under confidential. What is likely blood evidence has been found on Armstrong's T-shirt he was wearing the morning he was arrested & charged with his parents' murders, according to multiple sources. A hearing is expected to happen Tuesday in which Judge Kelli Johnson will ultimately decide whether or not the evidence will be allowed into Armstrong's third capital murder trial. The hearing could last several days before she rules. Multiple motions were filed Wednesday in regards to the hearing, though they have been sealed from the public. Next motion to suppress evidence hearing on 6/20/23 @ 9:30am.
6/20/23 Update: The motions hearing that was scheduled for Tuesday morning to consider a motion to suppress evidence in Armstrong, Jr's case has now been delayed until the start of the 7/31/23. Court site has trial starting at 10:30am.
6/27/23 Update: One of the original twelve jurors was excused for personal reasons. That means one of the four alternates is moving into the jury of 12 to hear the case, leaving the court with three alternate jurors. 7/20/23 & 7/25/23: Order: Place app/sub under confidential.
 
  • #480
Third trial of Antonio ‘AJ’ Armstrong begins today after several delays We will learn if new evidence will be admitted against him for the deaths of his parents. @KPRC2 has given in-depth analysis as part of ‘The Bench’ 1/6 https://click2houston.com/news/local/2023/07/30/antonio-aj-armstrong-jr-heads-to-trial-again-monday/


2/6 Our reporting is why Armstrong’s family spoke exclusively with The Bench. Armstrong’s great-uncle, Harvey Armstrong, expressed his frustration at the June 12 delay. https://click2houston.com/news/local/2023/06/12/opening-statements-in-aj-armstrongs-3rd-murder-trial-delayed-to-july/


3/6 The Bench was the first to report the reason behind the delay — DNA evidence. Sources told us the delay related to DNA found on Armstrong Jr.’s clothing the night his parents, Dawn and Antonio Sr., were murdered in their southwest Houston home in 2016.


 

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