play by the Rules? 43:26 Produced by Gail Abbott Zimmerman and Sarah Prior

KATY, Texas -- “48 Hours” has actually been spanning the instance of David Temple due to the fact that 2007. He has actually maintained his innocence. Now, dramatic new developments may give him a shot at freedom.

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David temple is serving life for the 1999 murder of his wife, Belinda. She to be eight month pregnant in ~ the time.

“I’m chaste ... My family members knows that I’m innocent. Mine close friends understand that I’m innocent,” temple told “48 Hours” correspondent Richard Schlesinger.

Temple has always denied having actually anything to perform with it.

“Two angels left to -- left to walk to heaven a long time ago,” he said in tears from jail. “And justice hasn’t been offered one day because that them yet. And also I pray every day that that will certainly happen. And also that my name will certainly for once and all it is in cleared.”

David, Evan and also Belinda holy place family members photo

This was one challenging case. That took more than eight year to carry Temple come trial.

“Harris county did fantastic job the collecting evidence and also processing the scene,” said Steve Clappart.

Back then, Clappart to be an investigator with the district Attorney’s Office. He says Belinda Temple’s murder unnerved the Houston suburb of Katy. Temple flourished up there and also was a high institution football star. After ~ college, he lugged Belinda back to his hometown.

“We to be married in January the ‘92, university sweethearts. She to be an significant woman, incredible wife, an remarkable mother,” stated Temple.

Belinda taught special education at Katy High. David coached soccer in a surrounding town. Your son, Evan, was 3-and-a-half when David told the he shed his mother.

“It’s the saddest point that -- you’re seein’ it’s a young that’s -” Temple said in tears, acquisition a lengthy pause --”Just bein’ broken,” Just instantly the tears coming the end of his eyes.”

When “48 Hours” spoke through Temple just after his 2007 trial, that told united state his version of what happened on the job Belinda died.

David Temple and also his boy as recorded by security camera Harris county Sheriff"s Office

He claimed Belinda stayed home that afternoon when he take it Evan out to operation some errands. They have the right to be watched on monitoring tape in ~ a neighborhood grocery store.

“We stopped acquired two drinks and I picked up a bag the cat food,” Temple claimed in 2007.

He said as soon as they gained home, it was clear something was wrong.

“The earlier door’s open and also it’s cracked ... With glass. And, take it my son across the street and also banged on mine friend’s house and handed lock Evan and asked if castle would call 911,” claimed Temple.

Neighbor come 911: somebody has broken into mine neighbor’s house.

Temple ran earlier to his house, and, the says, found Belinda’s body slumped on the floor of your bedroom closet. A cordless phone to be by her side:

David temple to 911: I just walked in. Mine wife--I believe she’s to be shot. It’s gained blood everywhere...

Belinda holy place household photo

Belinda was eliminated by a shotgun blast to the head. Neither she nor she unborn baby ever before had a chance:

911 operator: have actually you feeling for she to have actually a pulse?

David Temple: Yes. She doesn’t have one. She’s gone. ...She’s gone.

Temple said police he had actually no idea what had actually happened, but, together is routine, the police were sizing him up.

“...usually you walk to the the next people. And also David, of course, was her husband, for this reason he was instantly of interest,” said Clappart.

And, from the beginning, they found reasons come doubt David Temple’s story. Because that one thing, they wondered exactly how a burglar gained past the Temples’s dog, Shaka.

“They were saying if this was a burglar,” Clappart explained, “then the dog definitely would have bothered them.”

Dean Holtke explains his result to Richard Schlesinger 48 hrs

Dean Holtke, climate a crime step tech, told “48 Hours” in 2007, the he believed the break-in looked staged.

“If the door is sitting in this place - close up door -- one intruder is going to make entry and also break it out here,” Holtke defined of the broken window pane. “You would suppose to see glass straight out this way,” said Holtke gesturing come the area straight in front of the door.

“The broken glass would certainly go right out?” Schlesinger asked.

“Exactly,” Holtke replied.

“But you find it off to the left,” Schlesinger noted.

“Yeah,” said Holtke.

“What go the placement of that glass call you?”

“That the door would certainly have had to have actually been open as soon as the glass was broken,” said Holtke.

Holtke added, “The TV was under on the floor, however it’s no unplugged. If you’re over there to stealing a TV, an initial you’d unplug it, right?”

But here’s what really captured the detectives’ attention: the turned the end David holy place was cheating on his pregnant wife. He’d been seeing a teacher he worked with named Heather Scott.

“Do you think the affair v Heather was one factor that the jury can have turned versus you?” Schlesinger inquiry Temple.

“Oh, absolutely. There’s not a doubt in mine mind. But bein’ unfaithful doesn’t make me a murderer,” he replied.

To this day, holy place insists it was nothing an ext than a short fling and also that he never stopped loving Belinda.

“Would you have actually stayed married, do you believe, given your involvement v Heather?” Schlesinger asked.

“Absolutely,” said Temple.

Police thought they had actually their man, yet couldn’t arrest Temple due to the fact that there was no hard evidence connecting him to the crime: no forensics, no fingerprints, no DNA. There to be no indications that Temple had actually cleaned up: no glass or blood found in his truck. And despite one exhaustive search, police never discovered a shotgun that linked to David Temple.

evidence photos in the Belinda holy place murder instance 31 photos

“There is no evidence that points in the direction of me, because it’s difficult for there to it is in any,” said Temple.

“Because?” Schlesinger asked.

“Because i did no kill my wife, plain and also simple,” said Temple.

But there was nothing plain and straightforward about this situation -- especially because one of Temple’s neighbors had had run-ins v Belinda prior to ... And also he had lied around his whereabouts top top the day she was shot to death.

TEMPLE ~ above TRIAL

“I think the thing that renders this situation so famed here in Harris ar is due to the fact that of the means Belinda to be killed,” claimed Kelly Siegler, who was a prosecutor there because that 21 years.

It was 2004, once Siegler obtained her an initial look at the case against David temple in his wife’s murder. The was more than five years ~ the crime, and also nobody had been arrested.

“I believed this is a really an excellent case,” said Siegler.

“But this was not an easy case,” Schlesinger noted.

“No cold situation that’s a circumstantial evidence case is ever gonna be easy, Richard,” Siegler said. “They’re all gonna be hard.”

Siegler had a well-earned reputation for high energy, high profile and highly dramatic prosecutions.

And she thought she can make a case against David temple with the proof she had.

“What did friend have?” Schlesinger asked.

“So many tiny pieces,” Siegler replied. “You have actually the dog ... The staged burglary ... And also the timeline that he make the efforts to placed together so perfectly however he didn’t quite pull off.”

So, David temple was arrested. That took 3 years to bring him to trial, and into Kelly Siegler’s crosshairs.

“So who is David Temple? You’re going to hear a lot about him in this trial,” Siegler told jurors (xthe courtx)in 2007. He’s a man who nobody ever said ‘no’ to.”

Siegler is Texas tough, yet so is Temple’s lawyer. Prick DeGuerin is famous for help billionaire Robert Durst gain acquitted of murder.

“When i heard David temple hired dick DeGuerin, I’m going, ‘Jeez!’ “ Siegler said “48 Hours” in 2008.

Prosecutor Kelly Siegler and also defense attorney dick DeGuerin 48 hours

The two lawyers have actually clashed numerous times before. They do not like each other.

“How carry out you explain her? Schlesinger asked DeGuerin, who chuckled.

“I can’t trust her word,” that said.

“David holy place did not kill his mam Belinda Temple and also the proof will show you that he walk not,” DeGuerin said jurors in his opening statement.

But Siegler was confident and says the engine in this instance was one of the oldest in the book, one more woman.

“It’s true the David had actually an affair,” DeGuerin claimed in court. “That doesn’t do him a murderer.”

Not just did temple cheat ~ above his wife, but a year-and-a-half ~ Belinda was killed, he married heather Scott, his one-time girlfriend.

“She to be the factor why David holy place finally made up his mind to end his marital relationship with Belinda by executing her,” Siegler called Schlesinger.

“It doesn’t look good. And also that’s what the prosecutor harped top top all throughout the trial,” said DeGuerin.

David and Heather holy place 48 hours

Siegler actually referred to as Heather come the stand. “48 Hours” wasn’t enabled to document the witnesses’ audio, however the former mistress downplayed the work in her testimony.

“That was simply so -- come on, therefore contrived. No one in the courtroom purchase that,” Siegler stated in 2008.

DeGuerin’s an essential witnesses were brothers who lived directly behind Temple’s house.

“I heard a according to boom,” said among the brothers. “Boom,” claimed the other.

The Roberts brothers were young boys when they said the police they heard what sounded favor a gunshot.

They had started watching the movie “Dr. Doolittle” a little after 4 p.m., and nine years later, they remembered the exact suggest in the film as soon as they heard that sound.

Using that point as a time reference, the defense figured castle heard the boom around 4:30 p.m. And also that is a vital time since David and his son, Evan, were watched on that store security video at 4:32 p.m.

“When castle heard the gunshot, David temple was six miles away,” DeGuerin told Schlesinger in 2008.

“They were small kids and probably pretty impressionable and also who knows what they heard, as soon as they heard or why lock heard it,” stated Siegler.

Siegler says it’s hard to remember certain times now, yet when “48 Hours” speak to her in 2008, she spelled out her concept of what happened, speak that holy place murdered Belinda approximately 4 p.m., and then extended his tracks.

“David holy place made a sweep through the house and made an attempt to make the house look favor it had been burglarized,” Siegler said. “He broke the glass in the back door ... And also then he take it Evan and also went to some places there in Katy to shot and get himself on videotape come alibi himself as quickly as he could.”

That arrangement failed, she said, once a evil who checked out the same high college as Temple said he witnessed him driving about a mile off the route Temple claimed he drove that day, yet close come the rice areas of Katy, Texas.

“Well, what carry out you think he was doing out there?” Schlesinger inquiry Siegler in 2008.

“I think that’s wherein he walk to gain rid ... That the shotgun,” she replied.

“But you never uncovered the shotgun.”

“Do you understand how numerous rice areas there space in Katy, Texas? ...and creeks? and also ponds?” Siegler responded.

“The evidence will present David never had a 12-gauge shotgun,” DeGuerin said in court.

DeGuerin claims the weapon wasn’t found since Temple never had actually it. Police zeroed in on Temple, the says, ignoring various other potential suspects.

“The household had lengthy suspected this thug that lived next door. And also we just didn’t have any type of proof that it,” stated DeGuerin.

Riley Joe Sanders was a troubled 16-year-old who first claimed he’d been in school every day, when, in fact, he to be not. Belinda had actually told his parents he to be perpetually truant and also she had actually tangled v him and also his friends for leaving damaged beer party in she yard.

“I learned that he failed a collection of polygraph tests on his expertise of the murder. Ns learned that during the trial, because that the very first time,” DeGuerin continued.

It additionally turned out that Sanders had obtained his father’s shotgun without permission.

“He had accessibility to the kinda shotgun supplied in the murder and he remained in the area when the murder took place, and he had actually a background with ... Belinda Temple,” said Schlesinger.

“OK,” Siegler said. “He was a 16-year-old boy ... Perform you yes, really think a 16-year-old boy is gonna walk into his neighborhood lady’s house, a teacher that he respected and also did like, and also blow her brains out once she’s transferring her nine-month old daughter inside her body? ...Why in the human being would he execute that?”

At trial, Siegler called Sanders as her last witness. He denied having anything to carry out with the murder -- but admitted skipping the end of institution that day and driving around the neighborhood with friends, smoking cigarettes pot. He claimed he obtained home about 4:30 p.m. And took a nap.

“He ... Come down below voluntarily come walk into a courtroom to challenge Dick DeGuerin, at that time, the meanest, baddest defense lawyer in the United claims of America,” stated Siegler.

“We’re not forced to prove that it was. We don’t recognize who the was,” DeGuerin called the jury.

But in closing arguments, DeGuerin asserted the the boy next door to be a far better suspect than David Temple.

“There is much more evidence the it’s Joe Sanders and also his buddies than it was David,” he told the jurors.

But Siegler claimed David holy place was the one through the motive.

“You far better believe he was serious about Heather.And you’d much better believe he to be done v Belinda in his mind,” Siegler called the court in her closing argument.”You understand with all her heart David temple is guilty of murder.”

“I’m innocent ... My family knows that I’m innocent. Mine close friends recognize that I’m innocent,” holy place told “48 Hours.” 48 hours

David holy place was convicted and also sentenced to life.

“Every ounce of air you had in her body was just taken indigenous you in ~ one time,” the said.

Today, eight years after the trial, DeGuerin claims he knows a lot much more than that did earlier then around Riley Joe Sanders and around Kelly Siegler.

“How would you characterize Kelly Siegler’s habits in this trial?” Schlesinger asked DeGuerin.

“Outrageous,” he replied. “I dislike to admit that ns was snookered, but I was.”

A brand-new LOOK at THE CASE

When David holy place stood trial, Steve Clappart, the longtime investigator because that the Harris County district Attorney’s Office, go not recognize the case an extremely well. His only role in it was to drive Temple’s neighbor, Riley Joe Sanders, to the airport and return some property to him.

“Kelly request me to delivery a shotgun earlier to him. He was living in Arkansas at the time,” Clappart stated of Siegler’s request.

But then, 5 years after David was convicted, a new witness got in call with attorney cock DeGuerin.

Daniel Glasscock, who knew Riley Joe Sanders in high school, claimed he wanted to clean his conscience. The said ago in 1999, the overheard Sanders talk about a burglary the escalated.

“I mental him saying nobody was claimed to it is in there, once he went into the house,” Glasscock said in a videotaped deposition. “As that went upstairs, the dog attacked him, he shot the dog, heard Belinda, placed the dog in the closet and also they panicked and also ran.”

It was confusing. The Temple’s dog was not shot, but Glasscock seemed to think that “dog” was code for “Belinda,” and also that Sanders can be associated in she murder.

“I really think that one innocent male is sit in prison for something that didn’t do,” Glasscock continued, becoming emotional in that deposition.

DeGuerin provided Glasscock’s videotaped statement come the district Attorney’s Office, and also investigator Steve Clappart was told to check it out.

“Was it awkward to be investigating a instance that your office had properly prosecuted?” Schlesinger asked Clappart.

“Yes,” the replied.

Clappart essential to know an ext about the case. Therefore he check out the old police reports -- every 1,319 pages -- and also he quickly became concerned.

“What did you think ... Once you check out that?” Schlesinger asked.

“I thought, ‘Wow,’” said Clappart.

The name Riley Joe Sanders was all over the reports.

Sanders and his friends offered varying accounts around where lock were and what they were doing on the work Belinda died.

“There the is again. And again,” Schlesinger stated of seeing Sanders’ surname mentioned. “Does that suggest to you that he might have to be a suspect?”

“There was severe amount of attention in him,” said Clappart.

Clappart was obligated to offer the reports to Temple’s new lawyers, Stanley Schneider and Casie Gotro. And also they speak a most what was in there was never seen prior to by the defense.

“Stuff was hidden,” said Schneider.

Asked that hid it, Gotro called Schlesinger, “Siegler hid it. Siegler hid it. And she hid it well.”

Defense attorney penis DeGuerin stop a 12-gauge shotgun --the same kind of weapon offered in Belinda Temple"s murder. 48 hours

For example, dick DeGuerin claims prosecutors hid information about a shotgun that belonged to Riley Joe Sanders’ father. Sanders admitted in court that, before the murder, he took the gun without permission.

Jurors did not hear the police were told among Sanders’ friends, Cody Ellis, had hidden the gun under his bed.

“And the reality that it’s covert -- that’s evidence of guilt that you’re hiding something,” stated Schneider.

How a sheriff’s deputy obtained a hold of the gun is a mystery.

“The details of specifically how that deputy gained the shotgun to be unclear all the method up until the trial,” said Siegler.

“How deserve to that be?” Schlesinger asked.

“Because the deputy didn’t compose a supplement,” claimed Siegler.

“Why not?” Schlesinger pressed.

“I don’t know,” Siegler said. “There to be nothing sinister around it, nobody was trying to hide anything.”

“It doesn’t seem odd come you?”

“It doesn’t to me, no.”

Shotguns can’t be individually determined with ballistics. Siegler insurance claims the murder weapon was never found, however that shotgun had actually a lot of the same qualities as the one that eliminated Belinda.

“It was a 12-gauge ... It had actually a spent, reloaded double-ought buckshot shell in it,” claimed Schneider.

“It’s the closest thing to a killing weapon ... Legislation enforcement was ever able to find,” Gotro said. “And reloaded double-ought buckshot covering is nice specific, it’s pretty unique.”

It’s the same gun the Clappart ended up returning to Sanders after ~ Temple’s trial.

“Did friend wonder around that weapon the you sent ago to Riley Joe Sanders?” Schlesinger asked Clappart.

“Yes sir,” that replied. “It to be a really sinking emotion ... It still bothers me and also it’s something that you can’t undo.”

As Clappart scrutinized the reports, he came to be interested in an additional break-in that happened just nine days before Belinda’s murder. Several of Sanders’ friend had got into a home by smashing through glass, like the temple home.

“They’d gone in and also rifled v some stuff,” Clappart explained. “...and so somebody had actually taken a CD player, turned that on that is side and also left it sitting on the floor.”

“Oh, choose the TV in the holy place case,” Schlesinger noted.

“The TV in the Temple instance was the exact same kinda way,” said Clappart.

One that the boys had actually a beef v the guy who lived there, and Clappart wonder if Riley Joe Sanders had actually a beef v Belinda. And whether that could that it is in a motive for him and also his friends come break-in to her residence when they thought she wasn’t there.

“They wanna walk mess things up. They want to go steal a few things. They want to hurt fairly than kill,”said Clappart.

“Riley Joe Sanders had actually no involvement in what happened to Belinda Temple,” Siegler said. “He was concentrated on. ...And he was cleared. Allow me say the again. He to be cleared.”

“And what clearing him?” Schlesinger request Siegler.

“His very own cooperation and truthfulness cleared him,” she replied.

“That’s all though, right?”

“Yes.”

To this day, Clappart sees nothing in those reports come definitively clear Sanders or his friends. Sanders failed three polygraphs; some of his friend failed, too. But the investigation, Clappart says, just seemed come stall.

“Looked choose they ran into a dead end. And also then all of a suddenly it picked up and also it seemed choose the entire focus to be on David Temple,” said Clappart.

Clappart claims he wanted to choose up whereby investigators left off. He wanted to speak to Cody Ellis.

“I want to questioning him around the shotgun the he’d ... Covert for number of days indigenous Riley Joe Sanders, Clappart explained. “We understand they were with each other the day of the murder.”

“Did you ever get come ask that anything?” Schlesinger asked.

“No sir,” stated Clappart.

“Not one question?”

“No.”

Clappart says his plans were derailed by various other detectives, including Dean Holtke, one of the an initial on the scene. Clappart says they obtained to Ellis very first and tipped the off around the brand-new investigation. What’s more, Cody Ellis and Riley Joe Sanders both got lawyers who did not desire them talk to Clappart. Who uncovered the lawyers? Kelly Siegler, who was no longer with the D.A.’s office.

“Have you ever before done the before?” Schlesinger asked.

“Made certain someone had a lawyer? Yeah. It’s a prosecutor’s task to make certain someone has actually a lawyer when you think they require a lawyer,” stated Siegler.

Detectives also talked come Daniel Glasscock, the male who offered DeGuerin the videotaped statement. They made an audio ice cream of this interview:

Detective Eric Clegg: A jury heard this thing, OK? ... Every 12 of them convicted him.

“What carry out you think their goal was in talking come Mr. Glasscock?” Schlesinger asked Clappart.

“To break Mr. Glasscock down,” the replied.

After 5 hours that talking, Glasscock wavered top top a most the details:

Daniel Glasscock: DeGuerin did no tell me “do not say this, execute not to speak that” ...but I simply feel prefer words to be being placed in mine mouth...

“When ns heard the that witness had not only recanted, but that witness ... Admitted that dick DeGuerin was the human being who fed him the details the the murder instance ... I was nice disgusted,” said Siegler.

Clappart’s brand-new look at this old case was no winning him friends in the office.

“People the I had actually known for many, many years would certainly no much longer talk to me,” the said.

“What, they would certainly shun girlfriend -- favor school kids?” Schlesinger asked.

“Yes,” Clappart replied.

He dubbed Kelly Siegler to define what was happening.

“He to be cryin’ on the phone. And ... Apologizin’ for what it to be he was doin’ to a righteous conviction and investigation,” Siegler said.

“Wasn’t in tears. I was upset. My voice cracks,” stated Clappart.

“What to be you uncomfortable about?” Schlesinger asked.

“Well... Have actually you ever had the rug pulled out from under you?” Clappart asked. “I thought in that office.”

After his lengthy career in regulation enforcement, Clappart was currently a an essential player in obtaining a convicted killer a new day in court.

WAS proof WITHHELD?

In December 2014, after eight year in prison and after losing two appeals, David Temple’s luck changed.

“I’ve recognized it from work one that this day would come,” he told Richard Schlesinger. “The procedure is in the right direction now.

Temple was granted a brand-new hearing to view if he obtained a fair trial or if that deserves a brand-new one.

Attorneys Stanley Schneider and Casie Gotro expect to prove the prosecutors hid evidence from the defense -- consisting of police reports that focused on Riley Joe Sanders and also his friends.

“You have actually a young male who’s interviewed ~ above six different days, offers ... 7 ... Dental statements, two written statements, and also flunks 3 polygraph tests,” said Schneider.

Former prosecutor Kelly Siegler says Temple’s attempt attorney, penis DeGuerin, got every little thing he was entitled to, as soon as he to be entitled to get it.

“Dick DeGuerin could not have actually eyeballed through his very own eyes the specific statement typed up in an violation report,” Siegler explained, “but what Riley Joe Sanders had actually to to speak in every one of those statements, the meat of it, was recognized to penis DeGuerin.”

And she says DeGuerin gained police reports specifically when D.A. Office policy dictated the should. The policy, at the moment was, after a police officer testified, just before DeGuerin started his cross-examination, he acquired a opportunity to look in ~ -- but not copy -- the officer’s reports.

“It was designed come keep cock DeGuerin v his hands tied behind his back,” Gotro said. “I don’t know how the hell you’re claimed to perform your project as a defense lawyer when you’re provided that volume of info in the center of trial.”

Some reports were 100 pages or longer. And also the defense never acquired to watch reports written by policemans who did no take the stand. At Temple’s brand-new hearing, Siegler was dubbed to testify and she defined how information was doled the end to the defense.

“You said, ‘I would offer them all the discovery they to be entitled to, item by piece, very slowly and really miserably, they got what they to be entitled come have... They acquired snippets, bits and pieces.... They never ever saw ... The whole police report,’” Schlesinger called Siegler.

“Even doing that the sluggish way, every solitary thing under the law, Mr. DeGuerin to be entitled come ... Was turned end to him,” she said.

“And who made decision what was exculpatory?”

“The same as in any kind of other case, the prosecutor does,” claimed Siegler.

“You did?” stated Schlesinger.

“Sure. That’s the method it works,” she replied.

Gotro conflicts that Siegler handed over whatever favorable come the defense, and which she states should have been disclosed before the trial. Because that example, all those reports about Sanders that could be provided to controversy he do inconsistent statements.

“He to be investigated,” Siegler said. He was consistent, he to be cooperative. And also I think he was always really truthful.”

“Well, he stated that he went different places in various statements,” Schlesinger said. “At one point he claims that he saw David Temple’s truck leaving the neighborhood, one more time he says he didn’t see David Temple’s truck leaving the neighborhood. How’s that consistent?”

“His story to be pretty lot consistent,” stated Siegler.

“This is not a minor point. You recognize this,” Schlesinger noted.

“He said, ‘On 2nd thought, it wasn’t David Temple’s truck,” she replied.

“Ms. Siegler, you know that the devil’s in the details in this cases. And you know in this case, he to be pretty definitive the very first time around,” Schlesinger pressed.

“Not really,” claimed Siegler.

“Yes, that was, the d -”

“No, that wasn’t.”

“-- he defined that truck with tinted windows and also those one-of-a-kind wheels -”

“That is not true.”

“ -- and also the -”

“It wasn’t that definitive,” said Siegler.

“It was pretty definitive,” Schlesinger countered.

“That’s no the way I review it,” the former prosecutor said.

Defense attorneys speak if jurors knew everything about Riley Joe Sanders, they can have been more open come Temple’s explanation of evidence, favor those shards that glass the police discovered so incriminating. Lawyer Stanley Schneider states they could have scattered when Temple come charging with the door.

“If that door’s flung open and hits the hutch, it’s walk to paris off right into the living room,” stated Schneider.

The defense states the man who testified he saw holy place on the road can have to be mistaken around the time and also day. And also they speak Temple’s dog, Shaka, could not have been together ferocious together police say.

“I’d direct your fist to the cool jury testimony of Mr. Riley Joe Sanders,” claimed Gotro.

“And what does the say?” Schlesinger asked.

“Shaka will bark in ~ him once he’s cut the grass. Yet what about if you’re no cutting the grass? No. She’ll just come over and sniff,” claimed Gotro .

Kelly Siegler testified she adhered to the law KHOU

At the new hearing, Kelly Siegler spent 4 days ~ above the stand. The previous prosecutor aggressively defended herself.

“It to be very, really repetitious. And it seemed like-- it could have to be a entirety lot more efficient,” she said.

“She to be so just blasé around what she had hidden and why she had actually hidden it,” Gotro said. “And I have actually my client, David, sitting alongside me that hasn’t -- who lost his wife and his baby and also hasn’t watched his son grow up. And also his family has unable to do bankrupt do the efforts to gain him the end of jail ... It broke my heart a small bit and also I didn’t see that coming, that’s because that damn sure.”

“It division your love a little bit now, ns think,” Schlesinger commented.

“Yeah, the does,” claimed Gotro.

In the center of this new hearing, defense attorneys discovered some evidence that never ever made it come court before: audio-taped interviews carried out at Belinda’s school just two job after she died.

“A group of teachers to be interviewed one day in the gym and also they were taped and also there to be nothing of problem on any type of of those tapes in those interviews,” claimed Siegler.

But Casie Gotro states those tapes change everything.

“They would have decimated the state’s case,” she said.

Siegler states Belinda to be killed about 4 p.m. Cell phone records present she make a speak to to David at 3:32 p.m., yet they don’t display where she was. A teacher who had been at a meeting v Belinda provided police a clue:

Teacher: She left my office in between 20 after ~ 3:00 and 3:30...

Cop: Uh-huh. So...

Teacher: ...And, friend know, native what other people have said, she made a phone contact to David.

Defense attorneys say if Belinda do that speak to from institution at 3:32 p.m., it would certainly be all however impossible for her to have actually been home at 4 p.m., the time Siegler states she to be killed. But Siegler states the teacher was in reality talking around a various phone call.

“She says, ‘She left mine office between 3:20 and 3:30 and, girlfriend know, from what other people have said, she made a phone contact to David,’” Schlesinger provided to Siegler.

“Which happened earlier that day,” she said.

“There’s no indication the she’s talking about this any earlier,” claimed Schlesinger.

“That’s exactly how I read it, because they did have actually phone calls earlier that day,” said Siegler.

“She provides no reference of that.”

“She doesn’t say the it’s happening later either. Ya’ll room reading right into that what girlfriend wanna read right into it,” claimed Siegler.

Temple’s lawyers say if Belinda arrived residence after four, temple would have had actually just minutes to murder her, clean up, stage the scene and also get his young child to that store where they were watched on security footage.

“Kelly’s timeline can’t be,” Gotro said. “David can’t it is in the killer.”

Twenty-three witnesses testified at the hearing, including Daniel Glasscock -- the male who contacted DeGuerin in 2012 and also spurred the reopening that this case. That was dubbed by the State. He continued to contradict himself and also wound up in tears.

“His eggs were scrambled so bad by every one of those interviews. I mean, he’s essentially useless as a angry anymore,” said Gotro.

It to be a lot because that the referee to take in. And also this referee is tough -- hard on defendants and very tough to read.

“He didn’t smile. That didn’t frown. That didn’t scowl,” Gotro said. “Nothing. Nothing.”

THE JUDGE’S OPINION

“There is one innocent man sitting in prison and also he’s to be there because that a lengthy time,” claimed Casie Gotro.

David Temple’s attorneys weren’t certain they had any kind of chance in ~ all v Judge Larry Gist together they waited because that his opinion.

“What ns knew around Judge Gist was that he had a prison unit called after him,” Gotro said.

That could be bad. “You don’t acquire a prison called after girlfriend by being agree defense,” she added.

In July 2015, referee Gist authorize his opinion.

“Stanley is stand there through this opinion rolled up in his hand and a tear in his eye, ‘You’re no gonna believe it, you’re not gonna think it,” Gotro told Schlesinger.

Judge Gist discovered that David temple should get a brand-new trial. He provided facts - 36 truth - favorable come the defense that he claimed the state should have disclosed, yet didn’t or disclosed as well late to it is in of any use.

“...seeing a referee that obtained to see all of this evidence say, ‘This guy deserves a same trial, he wasn’t offered one.’ that mattered in methods that ns still feel,” stated Gotro.

“It to be your an initial victory in this case,” Schlesinger noted.

“Richard, This is not a victory. This is simply the very first step,” claimed Stanley Schneider.

It’s the very first step, because, strong as the is, the judge’s decision is a reference to a higher court -- the Texas Court that Criminal Appeals. That’s where David Temple’s fate will be decided.

“How confident room you the the Court of Criminal Appeals will certainly order a brand-new trial?” Schlesinger asked Gotro.

“I’m fear to jinx it. I’m fear to -- come hope also loudly,” she replied.

“Here you room again wait for another decision. Is this any kind of harder ... 보다 waiting because that the various other ones?” Schlesinger asked David Temple.

“No. It wouldn’t it is in harder, because this time we’re in the right direction,” he replied.

“You think you will certainly walk out of here?”

“I recognize I will certainly walk out,” stated Temple.

“You know you will walk out?”

“I understand I will walk out.”

That won’t happen without a fight. The Harris ar D.A. Has filed one 80-page objection to Gist’s findings, aggressively defending Temple’s conviction and Kelly Siegler’s conduct at his trial.

“Judge Gist’s findings compared to what actually taken place at trial, through what the witnesses testified to, his findings space incorrect,” stated Siegler.

“Judge Gist is just wrong?” Schlesinger asked.

“Yes sir, that is,” claimed Siegler.

“On 36 points?”

“Yes sir, that is.”

“Not one thing he enumerated is true?” Schlesinger asked.

“Not also one,” said Siegler.

Siegler when famously dismissed charges and also freed Anthony Graves, an inmate on death row. Reviewing the case, she figured out prosecutors withheld favorable evidence. But in the holy place case, she insists that defense lawyers got all the proof they to be entitled to.

“Just because one referee made these ridiculous findings the none that us can understand,” Siegler said. “He’s no the last say. The court that criminal appeals is, give thanks to God.”

Defense attorney Stan Schneider with stacks of information he states was withheld indigenous the defense

At a press conference after referee Gist’s opinion to be released, attorneys Schneider and also Gotro graphically demonstrated exactly how much information they say was withheld native the defense.

“What this instance is all around is this appropriate here,” Schneider told reporters, tapping a stack of documents. “This was never ever seen ... This is what to be suppressed.”

This is the an initial good news David Temple’s household has heard in years.

“My brother has actually spent eight lengthy years in a Texas state prison. That is fail by a legal device that failed him, failed their child, failed ours family, however most important failed Belinda,” Darrin holy place addressed reporters.

Evan Temple, who was 12 once his father saw prison, was increased by Temple’s 2nd wife, Heather.

“I might be biased, however he’s the ideal young man that walks this planet. I’m tellin’ you,” temple said. “He’s got so much of his mom in him that -- it’s every time you look at him.”

But Kelly Siegler states others in Belinda’s family members are still struggling to cope.

“I great that world could understand what that feels like to -- to it is in Belinda’s family members when they’re in the middle of this never ending appellate process that makes no sense,” she said. “They don’t understand it and also frankly neither perform I.”

“As we sit below today, have you heard anything end the last numerous years, as they waited for his opinion due to the fact that this trial, that has shaken your belief that David holy place murdered his wife?” Schlesinger asked.

Siegler emphatically replied, “No.”

She claims she hasn’t spoken to her former colleague, Steve Clappart, for more than 3 years.

“Do you think David holy place is an innocent man?” Schlesinger request Clappart.

“I think that that did no kill his wife,” the replied.

Clappart states he pertained to this opinion ~ doing what he constantly does -- he followed the evidence.

“You had actually to go against all your friends or many of her friends to carry out it?” Schlesinger asked.

“That’s correct,” claimed Clappart.

After a lifetime in regulation enforcement, he left the district Attorney’s Office and also now works with defense lawyers that had combated in court for years.

“My dad teach me that doin’ the ideal thing isn’t always the simplest thing,” Clappart said, ending up being emotional. “And ns think I’ve done the best thing.”

It to be an awful crime, that says, with no hard evidence -- the type of crime that have the right to haunt an investigator.

“I guess: v the real inquiry is, execute you think whoever killed Belinda holy place is ever before gonna pay because that it?” Schlesinger inquiry Clappart.

“Do ns think they’re gonna pay for it? No,” the replied.

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“And wherein does the leave you?”

“Empty,” Clappart said. “And so how do you get justice because that a woman that was killed?”

The decision is in the hand of the Texas Court of Criminal Appeals. The court may dominion at any type of time.