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Attorneys for Kaitlin Armstrong faced a setback Wednesday when a Texas judge denied their motion to throw out evidence collected by the Austin Police Department from the murder trial of bicyclist Moriah Wilson.
Armstrong, 34, is accused of shooting and killing Wilson on May 11, 2022 at a rental home in Austin. His trial will begin in June, 2023.
Armstrong’s attorneys filed motions to suppress an interview he gave to witness Katy Conner on May 12 because police did not read him his Miranda rights. The second motion, a “Franks Challenge,” sought to quash an arrest warrant for first-degree murder written by detective Richard Spitler. The motion said the document contained false information and omitted material facts from the case.
The motions undermined much of the evidence the Travis County District Attorney needed to prosecute the case against Armstrong. But in the end, Travis County Judge Brenda Kennedy ruled that both pieces of evidence could be introduced at trial.
“There is no evidence of contempt for the truth,” Kennedy said in court.
The verdict is the latest wrinkle in Armstrong’s battle with prosecutors. Police believe he shot Wilson shortly after Wilson went swimming and eating with Armstrong’s friend, former professional cyclist Colin Strickland. Authorities issued an arrest warrant for Armstrong on May 20 and began a weeks-long manhunt. He was arrested by authorities in Costa Rica 43 days later.
Appearing in court in black and white striped pants and a maroon shirt, Armstrong remained sullen during pre-trial proceedings. The pretrial hearing lasted nearly nine hours, and Armstrong’s attorneys Rick Cofer and Mark Pryor put Conner and Spitler on the witness stand.
Police arrested Armstrong the day after Wilson’s murder, and brought him in for questioning on a warrant from 2018. Before Armstrong could be questioned, he was misinformed by Detective Conner did not have a valid warrant, so he did not read Miranda directly to Armstrong. Instead, he told Armstrong that he was not under arrest and was free to leave if he chose. Conner goes to question Armstrong about Wilson’s death.
In a ten-minute interview, Armstrong asked if he needed a lawyer three times and asked for permission to leave five times.
In his ruling, Justice Kennedy said that before conducting a voluntary interview, law enforcement is under no obligation to read Miranda rights to a suspect who is not in custody. . Additionally, the Judge noted that Armstrong’s questions, regarding the need for an attorney, did not amount to an actual request for an attorney.
When Conner asked, Pryor said, “The only way he’s going to leave that interview room is if you control him.” Conner said if Armstrong had walked to the door, he would have let Armstrong go. As the police have taken Armstrong in for questioning, Pryor wonders how he would have gotten home if Conner hadn’t arranged a ride. “He can Uber,” Conner said.
An investigative expert for the defense, Douglas Deaton, said during the trial that a suspect does not need to recite a “magic bullet” of words to invoke the right to counsel.
As Cofer questioned Spitler, he walked across the courtroom, citing an affidavit written by Spitler that described Armstrong as a “crazy, jealous man.” Welcoming reporters into the courtroom, Cofer said, “All these people in the media believe it’s a love triangle, it’s all made up.”
Cofer said the conversations between Strickland and Wilson were not about friendship, but about common topics such as what size tires are best for a country. Cofer did not appear to sway Judge Kennedy, who reminded him to conduct his questioning from the defense table.
Prosecutors asked Spitler if he believed the information in the arrest affidavit was accurate when it was published. They argued that even if there were errors in the document, those errors would not invalidate the authority.
Sided with the Travis County DA, Judge Kennedy said Franks’ Challenge of Jury did not meet the standard set by the previous case. Despite the possible errors, Justice Kennedy said, what remained of the affidavit was sufficient to determine the issue.
Judge Kennedy’s ruling allowed the government’s case against Kaitlin Armstrong to proceed to trial. The trial was originally scheduled to begin on October 24.
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