AJ Armstrong lawyers file motion for new trial, call sentencing 'unconstitutional'

HOUSTON - AJ Armstrong Jr.'s defense team has filed a motion for a new trial after a jury found him guilty of the murder of his parents.

In August, Armstrong was found guilty of Capital Murder for the 2016 murder of his parents and sentenced to life in prison with the possibility of parole in 40 years.

It was his third trial as the first two ended with hung juries. In 2019, the jury was hung, in a deadlock, unable to agree on Arsmstrong's guilt or innocence after two weeks of testimony. In the second trial in 2022, the jury also couldn't agree on a verdict, and the judge declared a mistrial.

AJ ARMSTRONG: AJ Armstrong found guilty of Capital Murder, sentenced to life in prison

Now, his team has filed a motion for a new trial declaring the verdict is contrary to the law and the evidence. 

According to court documents, lawyers claim the sentencing against Armstrong was unconstitutional as he was 16-years-old, a juvenile, at the time of the crimes. "Even if one believes he is guilty the current Texas juvenile sentencing scheme violates the prohibitions of the 14th and 8th amendments as they apply to juveniles in Texas and thus Mr. Armstrong."

The motion also accuses the state of committing misconduct when it failed to turn over impeaching evidence regarding their expert, Officer Rossi.

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Rossi was allegedly the subject of a complaint for planting evidence at the Texas Forensic Science Commission and the information was not given to the defense.

A lawsuit has also been filed against the City of Houston alleging planted evidence, centered around a spot of blood found on Armstrong’s shirt that matched his father which was admitted only before the third trial was set to begin. 

Armstrong's team is asking for the Court to grant the motion or set it for a hearing within the time limit of 75 days from the date of sentencing.