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Appeals Court Hears A.J. Armstrong Challenge Over Undisclosed Complaint Against Forensic Witness

The panel is weighing whether the state's failure to disclose a dismissed 2019 allegation about crime-scene investigator Celestina Rossi warrants sending the case back for further fact-finding.

Overview

  • Texas’ 14th Court of Appeals heard oral arguments on Armstrong’s bid to undo his 2023 conviction, with no timeline given for a decision.
  • Armstrong’s lawyer argued a Brady violation based on a 2019 complaint to the Texas Forensic Science Commission about Rossi and asked for an evidentiary hearing or a new trial.
  • Commission records show the complaint accused Rossi of planting evidence in an unrelated 2007 case but was dismissed as unfounded months after it was filed.
  • The defense emphasized that the third trial added newly detected specks of the father’s blood under a police visitor sticker on Armstrong’s shirt, supported by Rossi’s testimony.
  • Prosecutors said there was no duty to disclose a dismissed, unrelated complaint they did not know about and maintained the verdict rested on extensive circumstantial evidence, as judges probed whether prosecutors must search independent forensic-oversight files.