AJ Armstrong Jr.'s third capital murder trial to begin Monday
AJ Armstrong's third trial to begin Monday for murder of his parents
The third capital murder trial for AJ Armstrong Jr. is set to begin on Monday. He's accused of shooting and killing his parents at their Bellaire home in July 2016 when he was 16. FOX 26's Natalie Hee has a preview of what to expect going into trial three.
HOUSTON - The third capital murder trial for AJ Armstrong Jr. begins Monday. Armstrong is accused of shooting and killing his parents at their Bellaire home in July 2016, when he was 16-years-old.
Armstrong has already been tried twice, first in 2019 and a second time in October 2022. Both times, the jury was unable to come to a unanimous verdict.
"Every time they've gone to trial, it's been a hung jury and it hasn't been getting any better for the state. And I don't know that they have any new evidence that they can introduce. And so, this case becomes jury selection is what this case is all about now," said Chris Tritico, FOX 26's legal analyst.
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Tritico said the decision to use individual voir dire, meaning questioning each potential juror individually, instead of as a group, was used in exchange of moving the trial out of Harris County. This is to ensure a fair trial in the 7-year case.
"The judge felt there was this over-exposure of media coverage. By having individual voir dire, you get to hone down with each individual juror the individual biases and prejudices that each person may have. You get to spend a lot more time talking to each individual juror," Tritico said.
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During a pre-trial hearing at the end of last week, attorneys discussed whether certain pieces of evidence will be admitted, including surveillance video of a robbery.
Judge Kelli Johnson is expected to announce her decision Monday.
Individual jury selection shows challenges ahead of AJ Armstrong's third trial
As those in the jury pool were questioned about how much they know about the case, 1/3 said they'd heard local news coverage about it. At least two people told the judge they have already formed an opinion and can't be impartial.
"I don't know that, allowing that in or not is going to change the outcome of the case. It doesn't seem to be that pivotal piece of evidence that the state absolutely needs to get a conviction," Tritico said, adding that the video hasn't already been used in one of the previous trials.
With only a few months to prepare for the third trial, legal analysts say they don’t anticipate the defense changing their strategy.
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In the last two trials, the defense has attempted to point the blame at Armstrong’s brother, Josh.
If convicted, Armstrong could face life in prison, with the possibility of parole after 40 years.
But without a verdict, there’s no limit on how many times the case could go to trial; each one costing both parties a lot of money and resources.
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"The most I've ever heard of was four (trials) until they finally got a conviction on the capital murder case. I can't remember the young man's name, but it was in the 90s on a capital murder case.
"If they can't do it on this trial, somebody needs to sit down and decide, are we ever going to be able to do this? Or and should we spend any more resources chasing after this case?" Tritico said.
Opening statements are set to begin Monday morning in Harris County.