HOUSTON — As jurors deliberate Antonio Armstrong Jr.'s fate in his third capital murder trial, a federal lawsuit was filed on his behalf against the City of Houston, alleging police planted evidence in the case.
The lawsuit, which was filed on Tuesday by attorney Randall Kallinen, focuses on two blood spots found this summer on a visitor badge that was stuck to Armstrong Jr.'s shirt on the night of the killings. It was in an evidence box with other items.
Armstrong Jr. is on trial for the third time. He's accused of killing his parents, Antonio Armstrong Sr. and Dawn Armstrong, in their Bellaire-area home in 2016.
The blood evidence, which wasn't presented in the first two trials, came up in the third trial. Kallinen alleges it was planted there by someone with the Houston Police Department in collaboration with them.
In the lawsuit, Kallinen said the prosecutor told jurors in opening statements that Armstrong Sr.'s DNA was on the back of Armstrong Jr.'s name tag that was placed on him while he was handcuffed.
It goes on to say that no officers in the third trial testified that blood was on Armstrong's shirt the night of his arrest or while he was transported afterward.
Kallinen alleges in the lawsuit, "...the blood was planted by, or in conspiracy with, one or more persons at the HPD in order to try and convict Armstrong of capital murder and to taint his reputation in the mind of the public." It also said HPD has a history of planting evidence.
Legal analysis
KHOU 11 legal analyst Carmen Roe offered insight into the lawsuit.
"This lawsuit came out during jury deliberations -- which may seem suspect but really I think it was the earliest opportunity to file the lawsuit and it’s really about preservation of the evidence -- that’s the subject matter of this lawsuit," she said.
The 51-page lawsuit lays out why Armstrong Jr. believes HPD planted the blood evidence on his shirt. Roe said it's going to be tough to prove.
"It’s going to be nearly impossible for them to show that one individual or individuals planted this evidence in this case but in this criminal trial, we’ve heard from HPD officers who say they never saw any blood on his shirt and somehow it gets there," Roe said.
The lawsuit also mentions other instances of HPD planting evidence, such as in the Harding Street raid in which two civilians were killed.
Roe said the lawsuit won't impact the verdict in Armstrong Jr.'s third capital murder trial.
"I think it’s important to note ... this jury is sequestered and while this federal lawsuit is a big deal that it’s filed right now, it’s also something these jurors will not know about or hear about until they are done with their deliberations," Roe said.
Members of the Armstrong family are planning to speak outside HPD's property room on Wednesday morning.
Armstrong Jr.'s first two trials ended in hung juries.
The lawsuit asks for undisclosed damages.
We've reached out to the City of Houston for comment, but have not heard back.