A judge has declared a mistrial in the sentencing phase for David Temple — who was found guilty of murdering his pregnant wife — after the jury was unable to reach a unanimous decision. The conviction still stands.
The jury began deliberating his sentence after returning the guilty verdict on Tuesday. On Friday, the jury sent a note to the judge that read in part, "When two jurors are not willing to budge at all, there is nothing more we can do." The judge then declared a mistrial.
A new jury will be selected to decide his sentence.
The judge says the new trial to determine his sentencing may be in March 2020. Bail has been denied, and a bond hearing will be scheduled.
This is the second time David was on trial for the murder of Katy High School teacher Belinda Temple.
At the time, Belinda was eight months pregnant with the couple's second child. The baby also died.
The investigation into her murder took years, until David was convicted in her murder in 2007. However, the ruling was overturned in 2016 and he was granted a retrial.
Prosecutors say David was having an affair with a co-worker. That gave him the motive.
He was out running errands 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.
The defense said the prosecution had the timeline all wrong, and investigators retraced his steps in the evening not during the time of the murder when traffic was heavier, and argued there simply was no time.
Prosecutors never turned over reports about 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.