David Temple Sentence: Examining probation as punishment for killing pregnant wife
HOUSTON - It's day two of testimony in the trial for the former Alief Hastings Football Coach convicted of murdering his pregnant wife and some of you have asked how is probation a possible punishment for David Temple.
DAY 1: Hearing began for man convicted of pregnant wife's murder
This jury, which is only deciding David Temple's punishment, has a wide sentencing range from probation to life in prison because back when Belinda Temple was shot to death in 1999 it was the law.
David Temple sentence: Hearing begins for man convicted of pregnant wife's murder
In his first trial in 2007, David Temple was found guilty of murdering his wife and unborn daughter and sentenced to life in prison. That conviction was overturned. Temple was again found guilty in his second trial but the jury couldn't agree on a punishment. Now a third jury is tasked with deciding Temple's fate.
Victims' Rights Advocate Andy Kahan says the idea that a convicted murderer could walk out of court with no prison time shocked him
"It's ludicrous that you could be in prison for drug cases, but you could actually walk the street on probation for killing somebody," he said. "How could you get convicted of murder in the state of Texas and get put on probation? It shocked most people."
PREVIOUS: Judge denies third trial, change of venue for David Temple, man guilty of murdering pregnant wife
So, after Katy High School Teacher Belinda Temple was murdered in 1999 in her Katy home Kahan began fighting to change that law.
"In 1999 we had a bill sponsored that basically said you can't get probation for murder," Kahan explained.
SECOND TRIAL: Man on trial a second time for killing pregnant wife in 1999
Sponsored is one thing, getting the law passed was another. In 2007 when David Temple was convicted of murdering his pregnant wife, although jurors had the option of probation, they sentenced Temple to life in prison. At that time Kahan was still trying to get the law changed.
"It took 12 years to get it passed in 2011," he said.
Temple's murder conviction was overturned in 2016 by an appeals court citing prosecutorial misconduct.
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Although the law changed in 2011 thanks to Kahan, probation was once again an option for Temple after he was found guilty in his second trial in 2019 because that was the law at the time the crime was committed.
"Believe it or not at that time we found out there were around 50-some-odd defendants convicted and actually a lot of them in Harris County that actually got probation for Murder," Kahan explained.
So will David Temple be sentenced to probation under that old law?
Well, the jury that convicted him in 2019 couldn't agree on a punishment. So, this third jury is now tasked with deciding Temple's fate. About two weeks of testimony is expected before the case goes to this jury for a decision.