David Temple sentence: Hearing began for man convicted of pregnant wife's murder
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.
HOUSTON - Sentencing began Monday for David Temple, who was convicted of killing his expectant wife.
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He was found guilty for the second time in August 2019 for the brutal murder of Belinda Temple, a Katy High School teacher back in 1999. However, sentencing could not be agreed on, so a judge declared a mistrial.
Temple was convicted for the first time in 2007 for his wife's murder after years of an investigation, but the ruling was overturned in 2016 and he was granted a retrial.
SECOND TRIAL: Man on trial a second time for killing pregnant wife in 1999
Prosecutors say Temple was having an affair with a co-worker and that gave him motive with co-worker Heather Scott who he later married.
He was out running errands on Jan.11, 1999, when she was murdered. But according to the timeline assembled by investigators, he had time to slip home and kill her.
At the time, Belinda was eight months pregnant with the couple's second child. The baby also died.
"Belinda Temple had just turned 30 years of age when this defendant took a shot gun and put it to the back of her head and executed her," says Assistant Attorney General Lisa Tanner.
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At the time, Belinda was eight months pregnant with the couple's second child. The baby also died.
"Belinda Temple had just turned 30 years of age when this defendant took a shot gun and put it to the back of her head and executed her," says Assistant Attorney General Lisa Tanner.
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The defense said the prosecution had the timeline all wrong, and investigators retraced his steps in the evening not during the time of the murder when traffic was heavier, and argued there simply was no time.
Prosecutors never turned over reports about the boy next door to the defense in the original trial. An appeals court in 2017 ruled that was prosecutorial misconduct and grounds for a new trial.
MORE: Bond set at $1 million for David Temple while he awaits sentencing
In opening statements Monday, prosecutors told jurors before the former Alief Hastings High School Football coach murdered his wife, Katy High School teacher Belinda Temple and his unborn baby girl Erin Ashley in a staged burglary, he would openly insult her.
Two of Belinda's friends and colleagues took the stand saying David would disappear, and his own wife wouldn't know where he was, and they testified the Temples sometimes didn't talk to one another, even while Belinda was nearly 9 months pregnant.
"Not too terribly long before this they did not speak for 6 weeks, at all," Tanner announced in opening statements. The first witness however testified that Belinda told her David didn’t speak with her at one point for up to 3 months.
"You're not going to like the evidence about how he treated Belinda," David Temple's Attorney Stanley Schneider told jurors in his opening statement.
David and Belinda had a son, Evan, who was 3 years old when his pregnant mom was murdered. Evan is now 28, with a wife, one child, and one on the way. Evan was raised by Heather Scott.
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One of Belinda’s friends testified Belinda "was upset" David told loved ones he was getting a vasectomy but had never spoken with his wife about such a big decision.
"She confided in her friends that she was really concerned that he didn't want another child, particularly a girl," says Tanner. "Belinda had a rough time after Evan, losing the baby weight, and this defendant was often heard making fun of her about that, would call her ugly names."
Schneider, however, told jurors here's what you'll hear when Evan takes the stand in his dad's defense. "My dad is my everything. I believe in my father".