HOUSTON – David Temple, the former high school football coach who was recently granted a new trial after being convicted of killing his pregnant wife 17 years ago, was released from jail.
Temple’s wife, Belinda, 30, was found shot to death at the couple’s home. She was eight months pregnant.
During his 2007 trial, prosecutors argued that David Temple killed his wife so that he could be with his mistress. The defense argued that a teenage neighbor, who admitted to burglarizing the couple’s home, was the real killer.
Ultimately, David Temple was convicted of murder and sentenced to life in prison.
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In 2014, the Texas Court of Criminal Appeals upheld the conviction, but David Temple’s attorneys maintained that they could prove someone else was responsible for the crime.
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In 2015, a Beaumont judge found there were 36 instances of prosecutorial misconduct by then-Harris County prosecutor Kelly Siegler.
In November, the Texas Court of Criminal Appeals ruled that the method of disclosure used by the prosecution in David Temple’s trial did not satisfy the state’s duty under the Brady Rule. A violation of the rule, stemming from a U.S. Supreme Court case, is when prosecutors fail to disclose key evidence that is favorable to the defendant and could influence the outcome of a case.
The evidence in the David Temple case included phone records, according to his attorneys. They said those records will help prove his innocence.
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After the November ruling by the appeals court, the defense said they hoped to have David Temple released from prison by Christmas.
KPRC 2 confirmed Wednesday that Temple was transferred from state prison to the Harris County Jail. "I know there is a lot of emotion," said Stanley Schneider, an attorney representing David Temple. "No one really believed this was going to happen."
This story comes from KSAT sister station KPRC
The Harris County District Attorney’s Office has the option to appeal the court’s ruling, dismiss the case or retry it. In November, prosecutors did not have a comment about their plans.