Houston Chronicle

Retrial date set for Temple murder case

Prosecutor­s push for time; defense urges court for dismissal

- By Brian Rogers brian.rogers@chron.com

David Temple, the Alief Hastings High School football coach whose conviction of his wife’s 1999 murder was overturned because of prosecutor­ial misconduct, could be retried as soon as November.

However, special prosecutor­s with the Texas Attorney General’s Office have not yet indicated whether they plan to try Temple again.

State District Judge Kelli Johnson, who had scheduled the trial for June 8, on Thursday granted a continuanc­e in the notorious case. She also set it for trial, should it occur, on either Nov. 2 or Feb. 1, 2019.

“We’re disappoint­ed that the trial court granted the state’s motion for continuanc­e,” Temple’s attorney, Stanley Schneider, said after the brief hearing. “We want to go trial. David is innocent.”

Schneider has filed several motions to dismiss the case, including one arguing that Temple has not received a speedy trial.

The defense attorney also confirmed that prosecutor­s have not said whether they will retry him in the fatal shooting of his wife, Belinda Lucas Temple, a beloved Katy high school teacher who was seven months pregnant.

The judge has apparently decided to schedule the three-week trial months in advance because of a lack of courtroom space since Hurricane Harvey shuttered the 20-story Criminal Justice Center. If prosecutor­s decide later to drop the case, the trial date can be canceled.

Since Temple’s conviction was overturned 18 months ago, Schneider has simultaneo­usly demanded a speedy trial and opposed any continuanc­es while burying prosecutor­s in motions to have the case dismissed or have Temple declared innocent, a strategy that has left prosecutor­s protesting that they do not have time to prepare.

“Quite simply, the defense’s filing of these motions has made it even more unlikely that the State will be prepared for trial on June 8,” the Austin prosecutor­s wrote in their motion to postpone the June trial date.

In several motions, Schneider has said Temple will not agree to a delay requested by special prosecutor­s.

The Austin prosecutor­s were appointed after the Harris County District Attorney’s Office recused themselves, saying there were too many conflicts. Then-incoming district attorney Kim Ogg had hired several defense lawyers connected to the case, which has been in appellate courts for years.

Attorneys Lisa Tanner and Bill Turner with the AG’s office noted in court that they did not get the “massive” case file, which is contained in 33 banker’s boxes and contains thousands of pages of police reports, witness statements and trial testimony, until June 2017.

They have also filed response that they were already scheduled to go to trial in several cases across the state, including death penalty trials.

Temple was convicted of murder in 2007 and sentenced to life in prison in the 1999 murder of his wife.

At the time of the slaying, he was having an affair. Prosecutor­s had said that Temple staged a phony break-in at his home and made sure he was on surveillan­ce camera at a grocery store in order to prove his alibi.

The defense has long asserted that the window of time he had would make it impossible to have committed the grisly slaying.

Temple was released in 2016 after a judge ruled that former prosecutor Kelly Siegler did not give the defense evidence they were entitled to before the 2007 trial.

Siegler, who left the office in 2008 after an unsuccessf­ul bid for district attorney, has denied any wrongdoing.

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