TX - Antonio & Dawn Armstrong, both 42, fatally shot, Houston, 29 Jul 2016 *Mistrial Retrial 1/6/20*

Discussion in 'Currently Awaiting Trial' started by Indy Anna, Jul 30, 2016.

  1. Gardenista

    Gardenista Well-Known Member

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    The bullet did penetrate.

    The biggest thing to me about the brother is he tried to set his GM's house on fire which, if he thought she was at home, means he is capable of murder. The police only interviewed him for 4 minutes.

    I hate this case because we know so little.
     


  2. Niner

    Niner Long time Websleuther

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    Tuesday, May 21st:
    *Hearing (after mistrial) (@ 9am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – Antonio “A.J.” Armstrong, Jr. (18/16 @ time of crime) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond.
    Trial started 4/2/19 & ended 4/26/19. 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). Trial scheduled until end of April. After 20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
    4/26/19 Day 14: Judge declares a mistrial-Jury cannot reach a verdict after deliberating for nearly 20 hours. The split was 8 Guilty and 4 Not Guilty. Judge reminds AJ’s attorneys AJ is still under house arrest & must be back at court on May 21. Will discuss resetting the case for another trial.
     
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  3. mocity

    mocity Verified family -Cheryl Henry & Andy Atkinson case

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  4. Niner

    Niner Long time Websleuther

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    Looks like trial date of 10/4 has been changed.

    Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator
    1/06/2020 09:00 AM 178 Trial Docket Jury Trial Data Not Entered To Be Set

    10/04/2019 09:00 AM 178 Trial Docket Jury Trial Reset Upon Defense Request Data Not Entered 1/6/2020 Present

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

    Niner Long time Websleuther

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    Friday, October 4th:
    *Trial set to begin-Continued! (@ 9am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – Antonio “A.J.” Armstrong, Jr. (18/16 @ time of crime) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Harris County
    First Trial ended in a mistrial (8:guilty/4:not guilty).
    Re-trial was set to begin 10/4/19 moved to 1/6/20.
     
  6. CocoChanel

    CocoChanel Administrator Staff Member Administrator Moderator

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  7. Niner

    Niner Long time Websleuther

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    Docket:
    Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator
    1/06/2020 09:00 AM 178 Trial Docket Jury Trial Data Not Entered To Be Set

    12/11/2019 09:00 AM 178 Master Docket Pre-Trial Conference Data Not Entered HEARINGS To Be Set

    Hearing:
    Next/Last Setting Date 12/11/2019


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

    Niner Long time Websleuther

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    Wednesday, December 11th:
    *Pretrial Hearing (@ 9am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – Antonio “A.J.” Armstrong, Jr. (18/16 @ time of crime) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond, out on bond.
    Trial started 4/2/19 & ended 4/26/19. 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). Trial scheduled until end of April. After 20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial. First Trial ended in a mistrial (8:guilty/4:not guilty).
    Re-trial set to begin on 1/6/20.

    4/26/19 Day 14: Judge declares a mistrial-Jury cannot reach a verdict after deliberating for nearly 20 hours. The split was 8 Guilty and 4 Not Guilty. Judge reminds AJ’s attorneys AJ is still under house arrest & must be back at court on May 21. Retrial scheduled for 1/6/20. Pretrial hearing on 12/11.
     
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  9. mocity

    mocity Verified family -Cheryl Henry & Andy Atkinson case

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    A.J. Armstrong's lawyers bid to keep text messages out of retrial

    HOUSTON, Texas (KTRK) -- The attorney for the 20-year-old accused of killing his parents has asked a judge to stop future jurors from seeing text messages extracted from his iPhone.

    A motion was filed to suppress all of A.J. Armstrong's cell phone records. Paperwork filed by the defense Friday claims evidence was lost during the first trial back in April. A judge is expected to review that request next week.

    "I can't comment on it," defense attorney Rick DeToto said as he was leaving court Monday.
    Judge Kelli Johnson told prosecutors and defense attorneys they are not to discuss the motions with media.

    But, according to court paperwork, Armstrong's attorneys say because prosecutors lost Armstrong's cell phone at the end of his first trial, all records extracted from the phone should be suppressed. The mistrial happened in April after nearly a month of testimony from two dozen witnesses.

    Armstrong is charged with shooting his parents, Dawn and Antonio Sr., while they slept in their southwest Houston home. He was 16 years old at the time. He's now 20.

    During the first trial, more than 80,000 pages of phone records were shown to jurors. They listened to prosecutors dissect hours of text messages between A.J. and his parents in the weeks and days leading up to their murders.

    The state argued those messages showed A.J. was angry with his parents because they took him out of private school. They had punished A.J. by taking away his car and video game system due to slipping grades.

    But, defense attorneys argued the messages between A.J. and his parents were normal parent-child conversations, showing a mother and father who wanted the best for their son.

    The retrial is set to start Monday, Jan. 6. A hearing for the motions regarding the cell phone records will happen on Friday, Jan. 3.

    "We're ready to go. I told you awhile ago, we're excited to present this evidence to the 12 jurors. Looking forward, it sounds crazy, but I believe in A.J.'s innocence and I believe there are 12 people out there that are going to find him not guilty," DeToto said.

    The defense team won't discuss new strategies but say it's possible the next jury will hear from new witnesses.

    "It's expected it's going to take a little bit longer," said Chris Collings, one of A.J.'s attorneys. "It's going to be a little more tedious."
     
  10. katydid23

    katydid23 Well-Known Member

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    So the new trial will happen in January.

    Have the prosecutors looked more closely at the older brother yet? They are going to have to eliminate him and give clear reasons why he is not a viable suspect, or we will have the same outcome, in my opinion.

    Did older bro have a solid alibi? Because he could have snuck into that house BEFORE the alarm was set that night---and did the murders himself. JMO
     
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  11. Niner

    Niner Long time Websleuther

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    Good question Katydid! I don't recall "what" his bro's alibi was - he was with his girl friend?? That just popped into my head. :)
     
  12. Niner

    Niner Long time Websleuther

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    and since I have this already typed up - I'll post it! :)

    Next/Last Setting Date 1/3/2020

    Docket:
    Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator
    1/06/2020 09:00 AM 178 Trial Docket Jury Trial Data Not Entered To Be Set

    1/03/2020 09:00 AM 178 Master Docket Pre-Trial Conference Data Not Entered HEARINGS To Be Set

    12/11/2019 09:00 AM 178 Master Docket Pre-Trial Conference Reset By Court Present 1/3/2020 HEARINGS Present

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

    Niner Long time Websleuther

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    Friday, January 3rd:
    *Motions Hearing (@ 11am CT) – TX – Antonio & Dawn Armstrong (both 42) (July 29, 2016, Houston) – Antonio “A.J.” Armstrong, Jr. (20/16 @ time of crime) arrested (7/29/16), charged (8/1/16) & arraigned (7/26/17) with capital murder. Plead not guilty. $200K bond. Out on bond.
    Trial started 4/2/19 & ended 4/26/19. 7 women & 5 men on jury with 1 woman alternate (Juror #12 excused 4/5/19). 4/26/19: after 20 hours of deliberations verdict was 8 Guilty & 4 Not guilty. Judge declares mistrial.
    Re-trial set to begin on 1/6/20 @ 9am.

    12/11/19 Update: A defense motion was filed to suppress all of A.J.'s cell phone records. Paperwork filed by the defense Friday claims evidence was lost during the first trial back in April (because prosecutors lost Armstrong's cell phone). A judge is expected to review that request next week. The retrial is set to start Monday, Jan. 6. A hearing for the motions regarding the cell phone records will happen on Friday, Jan. 3.
     
  14. mocity

    mocity Verified family -Cheryl Henry & Andy Atkinson case

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    A.J. Armstrong: Retrial pushed back 4 to 6 weeks

    Snipped from link above:
    HOUSTON, Texas (KTRK) -- The capital murder retrial of the 20-year-old accused of killing his parents has been pushed back 4 to 6 weeks, according to a prosecutor.

    The retrial was supposed to begin Monday, Jan. 6. The judge has not set an exact date.

    A judge was expected to decide whether future jurors will see thousands of text messages extracted from Armstrong's iPhone.

    The attorney for Armstrong filed a motion in December asking for Armstrong's phone records to not be allowed into evidence for the retrial.

    According to court paperwork, Armstrong's team argues, because prosecutors lost Armstrong's iPhone at the end of his first trial, all records extracted from the phone should now be suppressed.

    On Monday, ABC13 is set to air an exclusive interview with the accused killer. ABC13's Courtney Fischer is the only local journalist to have interviewed A.J. before both trials.
    Judge Kelli Johnson told prosecutors and defense attorneys they are not to discuss this latest motion with media.
     
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  15. Tuffgong

    Tuffgong Former Member

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    The kid is as guilty as you can get. The defense was able to confuse the jury with the accusations against the brother, but the DA will be able to deal with that this time.
     
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  16. Gardenista

    Gardenista Well-Known Member

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  17. Niner

    Niner Long time Websleuther

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    Bag with 22 pieces of evidence missing from A.J Armstrong double murder trial

    HOUSTON, Texas (KTRK) -- New details have been revealed in the case of A.J. Armstrong, the 20-year-old accused of killing his parents.
    [.....]
    The retrial, which was originally supposed to begin Monday, Jan. 6, has now been set for March 27.
    [.....]
    A judge is expected to decide whether future jurors will see thousands of text messages extracted from Armstrong's iPhone.

    The attorney for Armstrong filed a motion in December asking for Armstrong's phone records to not be allowed into evidence for the retrial.

    Armstrong's team argues that, because prosecutors lost Armstrong's iPhone at the end of his first trial, all records extracted from the phone should now be suppressed.
    [.....]
    Defense attorneys now tell ABC13 that 22 pieces of evidence went missing during the first trial, including Armstrong's cell phone. Some of the lost items include shell casings, DNA swabs, and the gun case.

    "The prosecution has known for six or seven months that 22 pieces of evidence went missing in a case, thrown out, gone, and they didn't bother to tell us until the Friday before trial," said defense attorney Rick Detoto.

    According to defense attorneys, prosecutors knew about the 22 pieces of evidence in May 2019, but only told defense about the exact items on Friday, Jan. 3.

    A spokesperson for the D.A.'s office said the bag shouldn't have been mistaken for trash.
     
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  18. Niner

    Niner Long time Websleuther

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    Date Court Post Jdgm Docket Type Reason Results Defendant Future Date Comments Attorney Appearance Indicator
    3/26/2020 09:00 AM 178 Trial Docket Jury Trial Data Not Entered To Be Set

    3/02/2020 09:00 AM 178 Master Docket Motion Hearing Data Not Entered JTRL 3/26 To Be Set

    1/06/2020 09:00 AM 178 Trial Docket Jury Trial Reset By Agreement Of Both Parties Present 3/2/2020 Present

    1/03/2020 11:00 AM 178 Master Docket Motion Hearing Reset By Court Present HEARINGS Present

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

    CocoChanel Administrator Staff Member Administrator Moderator

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    I don’t know what to think about this development.
    I never thought they had much in the way of evidence, and now there is even less. This is my county, and I am dismayed that evidence - from a mistrial that prosecutors immediately stated they would retry - would be so carelessly lost. Not a great look for the state.

    Emotionally I don’t want this young man to be guilty, but I am embarrassed that these officers of the ORDER part of law & order in my area have so dismally failed to do their jobs. To be frank, the LAW part has been struggling here too.
    TX - Several police officers shot, Houston, Harris County, 28 Jan 2019
     
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  20. AzPistonsGirl

    AzPistonsGirl On Time Out

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    here I am again, popping up on a trial thread to jump on my soapbox to make a case for professional juries in this country. This is another case that needs one IMO. And moving to disregard text messages? wtf? And the missing evidence? Come on. Really?

    These folks deserve justice for those who live on. No one will get it in this case IMO.
     
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