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HARRIS COUNTY, Texas - Jury selection for AJ Armstrong's third murder trial is set to begin on Monday, but his lawyers have filed a claim to question a juror.
Armstrong's defense Attorney, Rick DeToto along with Jennifer Carpenter, and Chris Collins filed a motion for a continuance and motion for a hearing stating a juror in Armstrong's second trial was in a dating relationship with a Harris County District Attorney's Office prosecutor during the time of the trial.
PREVIOUS STORY: AJ Armstrong case: Jury selection to begin in May for third capital murder trial in Harris County
According to the court document, in a conference call on Wednesday with the Harris County DA's Office the counsel was advised the DA's office was aware of this information during the trial.
"Here counsel for the defense was further advised that the same person that notified the defense after the trial, notified the State during the trial. Lastly, the State was not aware if the juror was on the actual jury or an alternate at the time of learning this information," the document states.
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Making the Case: A closer look at AJ Armstrong’s pre-trial held ahead of 3rd trial
**EDITORS NOTE: This video is from a previous stroy from January 2023. Antonio Armstrong Jr. was back in court Wednesday for a pre-trial hearing. He’s being tried for a third time on capital murder charges for the deaths of his parents inside their Bellaire homes in 2016. He’s maintained his innocence through all these trials and the last two ended in hung juries. FOX 26 News Edge Legal Analyst Charles ‘Big Angry’ Adams shares his insight on what this trial will mean and whether history will repeat itself.
The defense goes on to say this meant the State knew a juror hearing evidence and deliberating the guilt or innocence of Armstrong was in a dating relationship with a colleague employed by their office.
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Armstrong, the defense says, was denied the right to an impartial jury as guaranteed by the Sixth Amendment.
You can read the full motion below: