Judge Kelli Johnson is reviewing emails between prosecutors as Antonio  A.J.  Armstrong's attorneys continue their effort to challenge his 2023 conviction for the murders of his parents.

The hearing is taking place Tuesday, Oct. 27, in Harris County. Armstrong's appeals attorneys argue that prosecutors failed to disclose information that could have been important to his defense during his third trial, including information involving prosecution witness and blood spatter expert Celestina Rossi.


Judge Kelli Johnson said the hearing would focus on the defense's allegation of a violation under Brady v. Maryland, which requires prosecutors to disclose material evidence favorable to the defense.

During Tuesday's proceedings, defense attorney Patrick McCann asked the judge to review emails involving Rossi and prosecutor John Jordan. The defense is seeking an in-camera inspection, meaning the judge will privately review the records to determine whether they must be disclosed.

Prosecutors said they received the emails and had already released one. The state argued the remaining communications were privileged and filed a motion to quash the request.

The judge said she would review 25 emails dating from January 2022 through January 2024, covering the period surrounding Armstrong's trials.

McCann argued that the defense would have approached Rossi's testimony differently if it had known about a complaint made to the Texas Forensic Science Commission accusing her of planting evidence in an unrelated case.

 The fact that this is a Brady violation is not in question,  McCann said, arguing that the information could have helped the defense challenge testimony that was significant to the prosecution's case.

Johnson questioned why the defense was raising the issue three years after the complaint and asked when Armstrong's legal team learned about it. McCann said that information would be addressed during the proceedings but raised concerns about discussing certain details because of attorney-client privilege.

Civil rights attorney Randall Kallinen was called as the first witnes
#click2houston   #crimewatchhouston