Judge to announce if some evidence in Armstrong's murder trial should be thrown out

A Travis County judge will announce Wednesday whether some evidence should be thrown out in Kaitlin Armstrong’s upcoming murder trial.

AUSTIN (KXAN) — A Travis County judge will announce Wednesday whether some evidence should be thrown out in Kaitlin Armstrong’s upcoming murder trial.

Armstrong’s defense team argued last month that early-obtained evidence was gathered improperly by homicide detectives and thus should not be available for prosecutors to use against Armstrong in her hearing. 

Moriah Wilson, a beloved professional cyclist, was shot and killed at her friend’s east Austin residence the night of May 11. Wilson was allegedly romantically involved with Armstrong’s live-in boyfriend at the time, Colin Strickland. Police said Armstrong, who has pled not guilty, murdered Wilson. 

Armstrong’s defense team filed a Frank’s Motion – a legal proceeding when a court is asked to determine whether a police officer or detective lied or used reckless disregard for the truth in pursuing an arrest warrant – which triggered a pre-trial hearing.

Last month, Armstrong’s defense team and state attorneys cross-examined an expert witness, Douglas Deaton and two homicide detectives involved in Wilson’s murder investigation. Richard Spitler, the author of the arrest warrant affidavit and the lead detective on Wilson’s murder case, and Katy Conner, an APD homicide detective who assisted Spitler, were the detectives questioned. 

District Judge Brenda Kennedy will announce Wednesday if the defense was successful in convincing the court that Spitler used reckless disregard for the truth in writing the arrest warrant affidavit. If they were, some of the evidence, including the video of the initial interview between Conner and Armstrong, will be cast aside.