David Temple's legal team has always said he was innocent, and now they want to prove it court.
Temple was convicted in 2007 of killing his pregnant wife, Belinda. Jurors believed Temple shot his wife in the back of the head in a closet in the couple's Katy home in 1999.
Late Monday afternoon, Temple's lawyers asked a judge for a new trial claiming Temple is innocent.
The original case was circumstantial. There was no DNA, no fingerprints, no tests on a murder weapon to link Temple or anyone else to the crime.
Prosecutors said Temple shot his wife and then went shopping to give himself an alibi. At the time of the conviction, Temple's attorney, Dick Degeurin, said the jury convicted an innocent man and kept working on the case.
The request for a new trial is based at least partially on a neighborhood burglary suspect and evidence to suggest he may've committed the murder.
That suspect testified at the original trial in 1999, and back then, Degeurin tried to pin the murder on him.
The jury didn't believe it at trial. The DA's office didn't either.
In late June - just two a half months ago - the DA argued at the appeals court that Temple did it. Then in August, there was an apparent change of heart. The DA's office hired a special prosecutor to review what it called new evidence in the case -- a very rare move.
The special prosecutor won't say what the new evidence is, but Chip Lewis, the burglary suspect's lawyer, tell us the special prosecutor wants to speak with that suspect.