A Harris County judge ruled Wednesday that A.J. Armstrong will not get a fourth trial for the murders of his parents. Judge Kelli Johnson said a complaint involving prosecution witness Celestina Rossi, a blood spatter expert, did not have to be disclosed to the defense as evidence. Her decision followed a hearing Tuesday, where she reviewed emails and heard testimony.
Armstrong's appeals attorneys argued that prosecutors did not disclose information about Rossi, who testified at his third trial. The defense said the information could have affected how it challenged her testimony in the trial that led to Armstrong's 2023 conviction. Johnson acknowledged the defense did not learn of the complaint until after the verdict.
Johnson ruled the complaint did not meet the legal standard for a Brady violation, which involves prosecutors failing to disclose favorable evidence. She said the complaint raised unproven allegations and that the defense offered no evidence at the hearing that they were true. She also found the witnesses who testified were credible, that Rossi knew about the complaint but did not acknowledge it, and that defense attorney Rick DeToto would have changed his strategy had he known.