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Lisa Tanner

David Temple convicted again

New trial, same result.

A Harris County jury on Tuesday convicted David Temple of murder in the 1999 death of his pregnant wife, opening the door for the former Katy-area football coach to be sent back to prison several years after an appeals court reversed his original guilty verdict because of prosecutorial misconduct.

The panel of seven men and five women handed down the decision following almost eight hours of deliberation and 18 days of witness testimony, including evidence prosecutors withheld during the initial trial and which led to the reversal. In the end, jurors convicted David Temple of murder for a second time, rejecting the defense attorneys’ claim that an alternate suspect, a teenage neighbor, fatally shot Belinda Temple.

As state District Judge Kelli Johnson read the verdict, Temple cast his face downward, sweating and suppressing tears while his family members, including his adult son, burst into a chorus of sobs.

Just feet away, siblings and friends of Belinda Temple let out audible sighs of relief, comforted that the man they have long believed killed her could be locked up once more.

[…]

Testimony in the retrial revolved around two competing timelines of events on Jan. 11, 1999, the day Belinda was found shot to death in her master bedroom closet. David Temple told authorities that he came home from a trip to the park and store with his 3-year-old son and found his wife dead amid an apparent burglary.

Prosecutors argued that the husband — who was in the throes of a secret relationship with a coworker — had executed Belinda with a close-contact shotgun wound shortly after she arrived home from a work and a trip to pick up soup for her sick child. He washed his hands, changed his clothes, and left for the store, before returning home and staging a crime scene, state attorneys said. At some point during his shopping trip, prosecutors said, he ditched the murder weapon, which was never located.

Temple’s defense lawyers contended that their client didn’t have time to murder his wife, given a “narrow window” of opportunity when they were both home alone. They argued that the killing occurred while Temple was at the store, and was carried out by a 16-year-old neighbor who had a bone to pick with Belinda, who was also his teacher at Katy High School.

The neighbor testified during the retrial, telling jurors that he skipped the last class period of the day on Jan. 11, 1999. He said that he spent much of the afternoon on a mostly fruitless quest to find marijuana, and several of his high school friends corroborated parts of his story.

See here and here for the background, and here for the rest of my blogging about this. The re-trial was due to Temple’s attorneys successfully arguing that he had not received a fair trial in 1999 because of misconduct by then-Assistant DA Kelly Siegler. Current District Attorney Kim Ogg recused her office from the do-over, with prosecutors from the Attorney General’s office handling the case. In the end, it seems the jury didn’t buy Temple’s defense. Sentencing is still to come, but I imagine he’ll be spending some more time in prison.

David Temple re-trial is now underway

I continue to be fascinated by this.

It’s 1999 in Katy, Texas.

A seemingly perfect couple is falling apart at the seams. David Temple, a high school football coach, is having an affair with a beautiful teacher on campus. His wife, a beloved special education instructor, is becoming anxious. She’s also eight months pregnant.

It was an act of disloyalty, David Temple’s attorneys conceded with opposing state prosecutors. The legal parties disagree, however, on the events of Jan. 11, when Belinda Temple was found shot to death in the closet of her master bedroom.

Lawyers began to reconstruct the murder of Belinda Temple for Harris County jurors on Monday, launching testimony for her husband’s second criminal trial in 12 years. Unlike the first trial, when jurors found David Temple guilty in the killing – a decision that was later overturned by an appeals court – attorneys were tasked with making the panel understand a story from another era.

“We’re going to go back in time,” David Temple’s attorney, Stanley Schneider, began his opening argument on Monday. “We’re going to hear a story of betrayal, two betrayals.”

The lawyer told jurors that while the defendant was unfaithful to his wife, law enforcement also betrayed citizens by operating with “tunnel vision” in the case, which rocked the Katy area in the early 2000s and has maintained a hold in the county ever since.

[…]

“There was only one person on this Earth who had the motive, the means and the opportunity to cause her death,” said Lisa Tanner, a state prosecutor re-trying the case in lieu of the Harris County District Attorney’s Office, which recused itself after the initial verdict was reversed. Investigators didn’t charge anyone with the crime at first but had questions about Temple’s account, Tanner said. The family’s dog was aggressive and made it difficult for police officers to even gain entry into the yard, making them wonder how a burglar could have made it past. The break-in also seemed staged, Tanner said, as evidenced by the location of broken glass on the floor.

Surveillance videos located Temple being where he said he was on two instances, but the videos are separated by a nearly 45-minute gap, Tanner said.

See here for the background and here for all posts. Again, I don’t have anything to add. We just don’t see many re-trials like this, especially in cases where the original prosecutors had been found to have withheld possibly exculpatory evidence. We’ll never know the answer to the questiof what might have happened if they had played by the rules back then, but we’ll see what happens now that this evidence is known to all. I’ll be keeping an eye on this.

David Temple re-trial starts

The beginning of the next chapter in a long story.

For the second time in 12 years, a former Katy-area football coach is standing trial in the murder of his pregnant wife, seeking exoneration after prosecutorial misconduct caused his first conviction to be reversed.

David Temple’s return to court takes place almost 20 years after his wife’s death, which he has insisted was the result of a botched break-in at their home. The murder and trial in 2007 became drew national attention and the case has remained controversial ever since.

Jury selection began Thursday and will continue this week, with testimony due to begin next month. State District Judge Kelli Johnson, special prosecutors from the Texas Attorney General’s Office and defense attorneys are choosing from a pool of 240 potential jurors.

The amount of time that has lapsed usually benefits the defense, said Sandra Guerra Thompson, director of the Criminal Justice Institute at the University of Houston. It remains to be seen what evidence withheld from the first trial will be presented.

“We probably shouldn’t expect any surprises,” she said. “The question is how much the prosecutors’ case has degraded over time.”

See here for all the background I have on this. The case is being prosecuted by a lawyer from the Attorney General’s office, as DA Kim Ogg recused her office due to the allegations of misconduct against the office from the past. Suffice it to say that this case is a hot potato, and people have strong feelings about it and about David Temple. I’m just interested in seeing how it plays out this time around.

Special prosecutors named in Temple case

We’ll see how they proceed.

The Texas Attorney General’s Office has been tapped to prosecute the murder case against former Alief Coach David Temple in the 1999 death of his pregnant wife.

State District Judge Kelli Johnson appointed Lisa Tanner and Bill Turner, two lawyers with the AG’s office, as special prosecutors almost two weeks after Harris County District Attorney Kim Ogg withdrew from the case because of potential conflicts of interest with her office.

Both Temple’s attorney and a spokesman for the victim’s family praised the choice.

“We’re thrilled beyond thrilled to have these prosecutors appointed,” said victims’ advocate Andy Kahan. “We couldn’t have asked for a better choice.”

He said he hopes they put Temple back in prison for the slaying of Belinda Lucas Temple, who was 8 months pregnant with the couple’s second child when she was killed in their home.

“We’re confident that at the end of the day, they’ll see things the way we’ve seen things since 1999,” he said.

Temple’s defense attorney, Stanley Schneider, likewise praised the choice.

“Lisa Tanner has been trying cases around the state for probably 30 years,” said attorney Stanley Schneider. “She always shows up prepared.”

Tanner and Turner will first have to decide if they are going to retry Temple, who maintains his innocence.

See here for the background. The decision about whether to proceed at all or not is the first big choice Tanner and Turner will have to make. At some point one side or the other isn’t going to be happy with them anymore, but at least for now no one is complaining about not getting a fair shake.