Kaitlin Armstrong claims pregnancy ‘during or near’ time of murder arrest
AUSTIN (KXAN) — Kaitlin Armstrong, the woman found guilty of first-degree murder this year in the death of star professional cyclist Moriah Wilson, claims she was pregnant at or near the time she was arrested for the killing, according to a recent court filing.
The admission of Armstrong’s pregnancy is included in a lengthy motion for a new trial filed in Travis County on Dec. 15. Armstrong was sentenced to 90 years in prison on Nov. 17.
Armstrong says there is new evidence that was not available at the time of trial, according to the motion. She also alleges she received ineffective assistance of counsel in the punishment phase of the trial by not conducting a “proper mitigation (or sentencing) investigation” and not contacting “favorable witnesses who were available and willing to testify in support of Armstrong,” according to the motion.
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The motion includes favorable affidavits for Armstrong by relatives and people she knew. Armstrong’s new defense attorney says they gathered information from witnesses and others showing “powerful evidence about Kaitlin’s childhood and trauma history that was not brought before the jury that would have mitigated the sentence in this case,” according to the motion.
Wilson was found shot to death at an east Austin apartment in May 2022. At trial, the state used electronic and DNA evidence to place Armstrong at the scene of the crime. A jury returned a guilty verdict on Nov. 16, 2023.
The motion for a new trial mentions the divorce of Armstrong’s parents and strife in her household growing up. Those issues, along with Armstrong’s pregnancy, could have been mitigating factors in her sentencing, according to the motion.
“Kaitlin has also been pregnant twice, one occasion of which was during or near the time of her arrest,” according to the motion.
“Considering the sentence here was 90 years and a maximum fine, there should be no question that this mitigating evidence would have resulted in more lenient punishment,” the motion states.
In the motion, Armstrong also raises issues with “newly available evidence that was not available at the time of the trial” regarding an expert witness who offered rebuttal testimony related to DNA evidence. Armstrong’s defense alleges the witness overstated his qualifications and misled the jury about DNA evidence in the case, according to the motion.
A complaint was lodged with the Texas Forensic Science Commission on Dec. 1 against the expert witness because of his testimony in the Armstrong trial, according to the motion. Armstrong also asserts her counsel at trial was ineffective for failing to move for a continuance to allow time to investigate possible challenges to the witness’ testimony, according to the motion.
Armstrong’s trial attorney did not immediately respond to a request for comment for this report.
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