KATY, Texas - This case is all about time. It's the second time David Temple has sat in the defendant's chair. It's second time he's on trial for killing his pregnant wife, Katy High School teacher Belinda Temple.
"When we put the puzzle together you will see there's only one person on the earth who could've done this," said prosecutor Las Tanner.
She says David was having an affair with a co-worker. That gave him the motive. He was out running errands the the day of January 11, 1999 when she was murdered. But according to the timeline assembled by investigators he had time to slip home and kill her.
But the defense says the prosecution has the timeline all wrong, and investigators retraced his steps in the evening not during the time of the murder when traffic was heavier. There simply was no time.
"David Temple could not have killed his wife, even though he betrayed her. But law enforcement betrayed us by their investigation," said Defense Attorney Stan Snyder.
Snyder says from the very beginning they had tunnel vision and ignored other possible murder suspect, like the boy next door.
Prosecutors never turned over reports above that 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.
Victim's Rights Advocate Andy Kahan says nothing as really changed in the 20 years since the shotgun murder.
"Basically, we hope the jury that came to the rapid conclusion in 2007 will do the same thing again and history will repeat itself," Kahan said.
Prosecutors from the attorney general's office are trying the case because Harris County DA has recused her office. It could take up to six weeks to retry the case.