KATY, Texas (FOX 26) - UPDATE 12/28/2016: Katy coach convicted in pregnant wife's killing released on bond while awaiting new trial.
11/23: David Temple addressed reporters outside the VFW in Katy. "You've been hearing us say he's innocent and you are going to hear us say it again."
David Temples family has indeed been saying that. Now they have as new chance to prove it.
In an opinion issued this morning a court ruled that the football coach from Katy did not get a fair trial the first time around and said the prosecutors were to blame.
“That's what this opinion says. That's what the court of criminal appeals says. Four judges say there was prosecutorial misconduct in the case,” said Temple’s attorney Stanley Schneider.
In 1999, a shotgun blast to the back of the head snuffed out the life of the eight months pregnant Belinda Temple. Prosecutors blamed the high school teacher's husband David. They said Belinda had discovered his affair with a coworker and he killed her to be with his mistress. The defense said it was a high school boy in the neighborhood who had skipped school and was burglarizing houses.
The case was a classic showdown between two superstar lawyers. Dick Deguerin for the defense. Kelly Siegler for the prosecution. There was a history of animosity between them. Siegler won this round when in 2007 Temple was found guilty.
This ruling says Siegler deliberately withheld some evidence that could have proved Temple innocent because she didn't believe it was true, and she delayed releasing other evidence until the trial was well underway. That meant Temple didn't get a fair trial.
Temple's brother says they've never given up on getting justice for Belinda or their brother.
"We will not rest until the killer is in prison and those accountable for this miscarriage of justice are. Held accountable."
So will the DA's office drop it or retry Temple? The outgoing district attorney's spokesperson says this happened before Devon Anderson took office and will play out after she leaves and so no comment. A spokesperson for the incoming District Attorney Kim Ogg says they will review the evidence before making any decisions.