His lawyers say they have a mountain of evidence to back up their claims he's innocent, a mountain they claim that David Temple's original lawyer never got to see while he was on trial for the 1999 murder of his pregnant wife.
"Dick Deguerin was never allowed to prepare for trial. We have one the best trial lawyers in the world and how do you stop him from doing his job? To don't give him access to the basic evidence." said attorney Stanley Schneider.
They claim that in the run up to and during the 2007 trial, prosecutor Kelly Seigler and others inside the Harris County District Attorney's conspired to withhold any evidence that cast doubt that Temple was the murderer. They never told Deguerin about alternate suspects in the case or about phone records they say prove David wouldn't have had time to kill Belinda. Why didn't they? Attorney Casie Gotro blames Seigler herself.
"I think that originates from ego. I don't like to lose and I sure as hell don't like to lose to Dick Deguerin."
But Schneider says it was bigger than that, it was the culture and attitude at the DA's office at that time.
"Win at all costs."
On July 2nd a judge agreed that Temple should get a new trial because the prosecutors withheld evidence, but in the meantime Temple sits in jail. Current DA Devon Anderson has the power to release him on bond while the Court of Criminal Appeals reviews the case. His family says releasing him is the right thing to do.
"We want David out. We want justice. So they can ask for it but this is the family asking for it. we're demanding it. We've waited 16 years, we're not going to go away. We are going to demand justice and we won't rest until we get it." said Darren Temple
Monday afternoon the Harris County DA's Office released the following statement:
The Harris County District Attorney’s Office will file objections to Judge Larry Gist’s findings.
We do not agree that a bond should be granted in this case because Judge Larry Gist specifically ruled that relief for David Temple, based on actual innocence, was not justified.
The Court of Criminal Appeals will rule on the Temple case after a thorough review of the judge’s findings, and the objections filed by our office. Any actions such as reopening an investigation into this case would be premature.