No new trial for David Temple

January 14, 2008 3:25:20 PM PST
A former Katy football coach still maintains that he's not the one who murdered his wife nine years ago and his lawyer accused prosecutors of misconduct during the trial. But Monday afternoon, the judge rejected David Temple's request for a new trial.

Temple was convicted late last year of killing his pregnant wife back in 1999. He was sentenced to life in prison.

On Monday, defense attorney Dick DeGeurin argued that prosecutor Kelly Siegler would insert facts she knew she couldn't use as evidence during the questioning of witnesses in the original trial, so the witnesses would get to hear this non-admissible evidence.

He even took the unusual step of putting Siegler on the stand under oath during Monday's hearing.

Immediately after DeGeurin's line of questioning to Siegler, the judge ruled against a new trial. Now, the case goes through the appellate process.

In the meantime, Belinda Temple's parents say they're relieved.

"Today, we listened to the defense attorney do his job. We feel he was doing what was necessary for him to do as a defense attorney, to appeal this," said Belinda's father, Tom Lucas. "We are happy with the decision that was made today."

"There's been a terrible miscarriage of justice because an innocent man has been convicted and given a life sentence," said DeGeurin shortly after the judge's decision. "I've made a pledge to David Temple that I will never give up."

DeGeurin wouldn't take any questions from reporters. In the meantime, Siegler's testimony wasn't only unusual, but it came under extra scrutiny because she's also running for the Republican primary to replace District Attorney Chuck Rosenthal.

We spoke with Belinda Temple's mother after the hearing. She says she's relieved with the judge's decision, but said it was a difficult weekend because it was the nine year anniversary of her daughter's death.

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