Alstons set to file for new trial

December 1, 2012

Justin Alston, the Hood County man recently sentenced to 60 years in prison after being convicted of injury to a child with intentional bodily injury, is scheduled to file a motion for a new trial on Monday in 355th Judicial District Court.

Alston’s new attorney, Andrew Ottaway, confirmed that on Wednesday.

Matt Mills is the new attorney for Alston’s wife, Brittany, who also was sentenced to 60 years in prison. Mills said Thursday that she also will be filing a motion for a new trial.

Monday’s court appearance will be a “procedural” exercise, Mills noted, and will give notice that the evidence and arguments heard during the three-day trial will need to be transcribed.

The lawyers will then have 30 days to write a legal brief, Mills said. After that, he added, it might be another six months before the cases could go before a court of appeals.

The Alstons each had their own lawyer, but were tried together on the first-degree felony charge involving the dire condition of their son Riley Alston. Baby Riley was found in their Sandy Beach home weighing only 9 pounds at 8 months of age, in November 2011, and transported to get emergency medical treatment. The Alstons, now 22 years old, were both 21 at that time.

Justin Alston’s attorney was Pam Walker; Brittany Alston was represented by Cole Bryan.

In foster care Baby Riley appears to have made a remarkably strong recovery, as shown in photographs presented to the jury during the trial, which ended on Nov. 2.

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