HOUSTON (FOX 26) - David Temple walked into his court hearing a free man, at least for now. He is confident he is going to stay a free man, too.
“I hope my name is cleared once and for all and justice will be served. That's my prayer every day,” Temple said.
In 2007, a jury convicted Temple of the 1999 shotgun murder of his pregnant wife Belinda. Prosecutors said Temple's affair with a coworker was the motive. The Court of Criminal Appeals just ruled that prosecutors failed to provide evidence in a timely fashion that could have exonerated Temple, overturned his conviction and ordered him released on bond. His new defense attorney wants a hearing of some sort, possibly even a new trial.
“Our goal is exoneration. That's our goal. We believe the evidence is there already,” said Stanley Schneider.
Will that happen? Maybe. There's a new DA now and three prosecutors are now tasked with reviewing the evidence. That includes that 1,400 page police report not presented on time to the defense in that original trial.
“The Kim Ogg administration is going to base its decision on the evidence. The evidence will determine the disposition of the office, “ said first assistant DA David Mitcham.
Because he's still charged with murder, the DA's office has to decide to retry him or drop the charges. Victim's advocate Andy Kahan says Belinda's family believes David Temple was and is still guilty.
“All the evidence remains as is," said Kahan. "Nothing has been removed. Nothing has changed.”
The next hearing is set for March 3.