HOUSTON — After three trials and one capital murder conviction, the seven-year saga in the A.J. Armstrong case continues. His new lawyer is now hoping to file a motion for a new trial.
After Armstrong was convicted of capital murder in the 2016 shooting deaths of his parents, he asked the judge for a court-appointed attorney for his appeal, saying he couldn't afford one. But we've learned that he's no longer going with a public defender because his family hired a new attorney.
Patrick McCann said if there's grounds for a motion for a new trial, he'll file that next week before the Sept. 15 deadline.
McCann also said he's had a chance to visit with his client in jail.
"He's very cheerful and optimistic despite the circumstances,” said McCann. "He misses his family and I know that he misses his wife and child, so the best I can do is get busy and hopefully get him a shot at coming back to them."
McCann said he's got a lot to dive into with the case, but added prosecutors are being cooperative.
He's hoping to find possible new witnesses and evidence that jurors have not seen.
If the judge grants a motion for a new trial, McCann said he will have limited time to get a hearing on it. He's hoping the court will take that into consideration and allow Armstrong to remain at the county jail for now.
It’s still unclear when Armstrong will be transferred to a state prison.