HOUSTON – Nearly two years after his conviction, Antonio “AJ” Armstrong Jr.’s legal fight is far from over. The Houston man, found guilty of killing his parents, Dawn and Antonio Armstrong Sr. in 2016, is now preparing for an upcoming appeals hearing that could determine whether he gets a new trial or a chance at freedom.
Armstrong’s team, led by appellate attorney Patrick McCann with assistant from Armstrong’s original defense attorney Rick DeToto, argues new information surrounding expert testimony from the third trial deserves another look.
“There was some evidence regarding Josh that showed videos we thought mirrored the medical records exactly,” DeToto said. “The court would not allow us to have that come in.”
DeToto also pointed to allegations of misconduct involving a prosecution expert witness, which the defense claims they were not made aware of during the trial.
“If we knew about that information, it probably would have changed our decision regarding the blood evidence,” he said.
The Harris County District Attorney’s Office maintains confidence in the jury’s decision. In a statement, John Jordan, the lead prosecutor in the case and now Executive Bureau Chief in the DA’s Office, said:
“The Harris County District Attorney’s Office stands behind the jury’s verdict that this defendant murdered his parents, Dawn and Antonio Armstrong. We will fight to uphold this conviction, ensuring justice is carried out for the Armstrongs, whose lives were taken in their own home by their own son—the very place they should have felt safest.”
For Armstrong’s family, the hearing represents another opportunity to prove his innocence. His grandmother, Kay Winston, says she remains hopeful.
“It would be absolutely wonderful and amazing for them to say, case dismissed, all charges dropped,” Winston said. “But even a new hearing, a new trial, that would be great. I’m just grateful we made it to this point, and they agreed to give us an oral hearing.”
From behind bars, Winston says her grandson remains optimistic.
“AJ is in good spirits,” she said. “He’s excited and expecting. Of course, he wants to be home.”
Armstrong’s family continues to argue that reasonable doubt remains, insisting the evidence does not place Armstrong as the killer.
His grandmother, Kay Winston, maintains her grandson’s innocence, saying, “he didn’t do it, period. That’s just it. He’s innocent. I want my grandson home.”
When asked who could have committed the crime if not AJ, Winston said, “I would love to know.”
DeToto added that it isn’t the defense’s role to prove who did it, but to challenge the prosecution’s case. “We raise reasonable doubt,” he said. “It’s the prosecution’s job that’s their burden.”
As Armstrong’s appeal moves forward, both sides are standing firm, the appellant attorney arguing there’s room for doubt, and prosecutors determined to keep the conviction in place.
The appeals hearing is scheduled for Wednesday afternoon in Harris County.