HOUSTON – Antonio Armstrong Jr., who was found guilty Wednesday in the 2016 murder of his parents, is expected to return to court Friday as he moves forward in the appeals process.
Armstrong is scheduled to appear in Judge Kelli Johnson’s courtroom at 9:30 a.m., at which time he may be declared indigent. Afterward, he may be assigned a public defender.
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A jury of 12 found Armstrong, also known as “AJ,” guilty of killing his parents in 2016 during his third capital murder re-trial.
The jury deliberated for more than nine hours after hearing from 31 witnesses over 11 days.
So what’s next for A.J.?
A.J. is currently in the Harris County Jail Facility where he spent the first night of his life sentence. He will eventually be transferred to state custody and sent to the Byrd Unit in Huntsville for processing.
After processing, which could take weeks, A.J. will be assigned to maximum security prison to live out his life sentence.
A.J.’s attorney, Rick DeToto, said A.J. has already filed a notice of appeal, which notifies the judge that he plans to fight the conviction. DeToto told KPRC 2 on Wednesday after the verdict, that he would not be filing the appeal because he’s not an appellate attorney. The family is currently on the search for an appellate attorney. DeToto did make it clear that he was going to continue defending A.J., but it’s unclear how.
“We will not ever stop fighting for A.J., I’ve said this many times. We will be here always for him and his family. His family will not stop fighting for A.J., they will continue through an appeal and whatever comes after that,” DeToto said.
It’s not clear what type of appeal A.J. will file, but according to KPRC 2 legal analyst Brian Wice, the appeal will go to one of the two courts of appeals in Houston and then to one of the 14 courts of appeals in Harris County that hear civil and criminal cases.
“A typical convicted defendant’s chances of succeeding on appeal are not good. Usually, right around 5%,” Wice said.
He added that for A.J. to succeed in an appeal, he has to show that there were serious legal mistakes that were properly objected to that impacted the integrity and the fairness of the trial.
Beyond the first appeal A.J. plans to file, Wice said if that doesn’t work, he can file a Habeas Corpus, which is the final attempt to overturn a conviction based upon procedural misconduct, newly discovered evidence or ineffective assistance of counsel.
A.J. filed a lawsuit against the City of Houston on Tuesday, shortly after the jury went into deliberations, claiming the new DNA evidence brought in by prosecutors was possibly planted by Houston Police Department officers.
According to Wice, the lawsuit will not affect A.J.’s conviction.
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