July 28, 2020 • 39 mins
David Temple is the number one suspect in the death of his pregnant wife, Belinda Lucas Temple. The eight months pregnant mom is murdered in her Katy, Texas, home. Police argue her husband wants to get rid of her so he can marry his mistress, a teacher in the high school where he teaches. But the case is not a slam dunk in court. Is there justice for Belinda Temple?
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Speaker 1 (00:00):
Hi, guys, Nancy Grace here, welcome back to Killers amongst Us,
the production of iHeartMedia and crime online. Hot shot football
star David Temple now the prime suspect and his wife's
gruesome murderer. There's a trial, but the case is not
(00:25):
a slam duck for prosecutors. But why the story was
According to David Temple at the very time he was
out with his sixth son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Helinda Temple in the back
of the head, which is eight months pregnant, while David
Temple is having an affair with the woman he was
(00:46):
madly in love with. Police never found a murder weapon
a twelve gage shotgun. I Nancy Grace and this is
Killers amongst Us held His parents, Tom and Carol Lucas
suspected David after they learned he had betrayed their daughter.
Lucases did all they could to keep the case alive.
(01:08):
They paid for a billboard next to a busy highway,
and they took television crews to their daughter's gray but
nothing changed until November two thousand and four. More than
five years after the murder, when a case in California
taught the nation's attention. He is charged with killing his
(01:28):
wife Lacy. Guilty of the crime of murder. Scott Peterson
was convicted of killing his pregnant wife Lacy. Lucas saw
parallels to their case and contacted the prosecutors once again.
Welcome back, I Nancy Grace. This is killers amongst us.
The mystery surrounding the murder of a beautiful, young, pregnant
mom of one, Belinda Temple seemingly subsides. Years past, the
(01:54):
case grows cold. Not only does Scott Peterson and Lacy
Peterson come to the forefront, but during those years something
else happens. And in the spring of two thousand and one,
two years after Belinda's murder, David Temple wed's his girlfriend, Heather.
Heather and David married in a ceremony a country club
(02:16):
wedding that her parents threw. Only two of his fellow
coaches showed up. A lot of them declined the reason
was that there was this cloud hanging over them from
Belinda's murder. People were still wondering had David been involved.
Over the next three years, David and Heather move on
(02:37):
from the violent crime and happily settle in to their
new life together. Then, in November two thousand and four,
an event takes place in California that radically changes prosecutors
understanding of Belinda's case. A jury convicts Scott Peterson of
murdering his wife, Lacy, who was eight months pregnan. The
(03:01):
similarities to Belinda Temple's case are striking. Scott Peterson is
convicted of doing precisely the same thing that they believe
David is done. You had women who were both pregnant
about ready to deliver children. Both Scott Peterson and David
Temple were having affairs at the time that their wives
(03:24):
were murdered. And suddenly it appears feasible that a jury
will believe this, that they will understand that David Temple
may have murdered his wife. Well, that's just a theory.
There's nothing so far to support a claim that David
Temple murdered his wife. David Temple going oh with his life,
(03:48):
marrying his lover, the mistress he had during his marriage
with Belinda Temple, but still no prosecution. This time. She
had no murder weapon to work with. You didn't have
the gun, No no incriminating fingerprints, There is no DNA
evidence and no eyewitnesses. So what did you have against him?
(04:08):
A story that he told that never made any sense.
What didn't make any sense about it? The story was,
according to David Temple, at the very time he was
out with his six son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Felinda Temple in the back
(04:28):
of the head when she's eight months pregnant, while David
Temple is having an affair with the woman he was
madly in love with. To Catherine Casey, joining us, author
offs shattered that dissects this case. Well, she's right, it
doesn't make sense. But that's not enough for a felony
murder prosecution. No, but there was that evidence of the
glass and the question about why the door was open,
(04:51):
why a burglar would break an open door, and the
timeline here was really interesting. On Friday January eighth, just
three days before Belinda's murder, Heather Scott told police that
David had said that he had totally fallen in love
with her, and that she said she felt the same way.
So it was only three days after he pledged his
(05:12):
loved for another woman that this happened. The likelihood that
a burglar would pick that day to break into the
house until Belinda's seemed a little off strange to be blunged. Well,
there's even more. Did gern buckle up? Was there insurance money? Yeah?
There was insurance you know, all went almost all went
to Evan, the the young boy, really because I heard
(05:37):
only sixty thousand of the two hundred thousand went to
a trust and that was after twisting somebody's arm. No,
that's not right. The Temple family and David sought to
have it put into trust, and part of it went
to the original attorney in the case. But that's because
from the very beginning the police were falsely accusing David.
(05:58):
Why did he need a defense lawyer there at the
house the night before the funeral? He lawyered up pretty fast, Dick. Well,
sure it did, because they were accusing him from the beginning,
and they were accusing him only because they say that
when a wife has murdered, the husband is always a suspect.
They didn't have any evidence. Then what about the gunshot powder?
They don't have any evidence. Now, I don't believe that
(06:18):
stuff Nancy in the first place. They won't give it
to us. It won't. I got arrest affidavit right here. Yeah,
you've got the affidavit, but you don't have the test.
We've been asking for the test. We filed a motion
asking that they give us the test. Let us independently
test it. It came from their test, came from a
questionable source, the FBI. Are you going to say cross
(06:39):
contamination because they haven't bought that since they didn't have
any evidence. Then what about the gunshot powder? They don't
have any evidence. Now I don't believe that stuff Nancy
in the first place. They won't give it to us.
It won't. I got arrest affidavit right here. Yeah, you've
got the affidavit, but you don't have the test. We've
(07:01):
been asking for the test. We filed a motion asking
that they give us the test. Let us independently tested.
It came from their test, came from a questionable source,
the FBI. Are you going to say cross contamination because
I haven't found that since Cochrane set it in the
j census there. I'm going round and round with a
defense attorney Dick da gear In, a famous defense attorney.
(07:21):
To Joseph Scott Morgan forress expert, tell me about the
gunshot residue. Yeah, the gunshot residue is significant in this case, Nancy,
just as I'd mentioned that it was deposited on the clothing,
and the big question is can we trust what the
findings are relative to the suspect? To Catherine Casey, author,
I've shattered what's the problem with the findings on gunshot residue? Well,
(07:45):
there is this theory cross contamination, and the FBI lab
at that point was having problems with that. The clothing
was sent off to the FBI lab and they did
come back and say that they found it on the
warm up suit or winch that David wore that day
to school. I don't know, Brandy Key on seeing the
(08:05):
owner of the Katie Times. Ultimately, was it determined that
the gunshot residue test showing a residue on David Temple's
warm up suit was believable or not? Did was it usable? Well?
The prosecutor certainly believed that it was viable, but they
(08:28):
didn't necessarily believe that it was usable. Well, actually that
makes sense to Steve Lampley, detective and author. Sometimes you
have evidence that you think is very powerful, but you know,
putting it up in front of a jury is opening
a can of worms you don't want to open. And
I really believe that that gunshot residue was very powerful,
(08:54):
but with all the issues of cross contamination at that
particular lab, it could have caused more problems for police.
Then help them as you could have you and you're
looking at potentially bringing in the FBI experts from the
lab to explain how they processed it him. And given
the fact that they were having issues with cross contamination
(09:16):
during that period of time, you're opening up a lot
of the figure, opening up a lot of gray areas.
I mean, sometimes you've got powerful evidence, but it's not
worth the damage it can do to a case to
bring it in. So Brandy Keyon seen the owner of
the Katie Times. Is it true that David Temple the
night before Belinda's funeral gets a defense lawyer? He does
a defense lawyer. He actually got a defense lawyer as
(09:40):
soon as he left the police station. He immediately went
out and got one Wow, what can you tell me
about that? Catherine Casey, Well, you know it was an
odd interview seen that night. They did it at one
of the substations, and the family half the family show
it up there and everybody rallied around David. And yes,
by the time David walked out of the substation, they
(10:03):
had already put in a call Towood defense attorney. Wow,
you know, because to Joseph Scott Morgan, I would think
that a loving husband would do anything to help find
his wife's killer, not run out and get a defense lawyer. Yeah,
you would think that, Nancy. But sometimes when you're staring
down the staring down a detective on the other side
of the table, it gives you pause, just for a second.
(10:26):
Are they looking at me? Is this guy bright enough
to assess that at that moment time or was he
attempting to hide something that would you know? Otherwise you know,
thwart what the police are trying to do. It's real
hard to ascertain that questions swirling. Police doing everything they can,
building a timeline, canvassing the neighborhood, going door to door,
(10:50):
bringing in crime scene tech experts, pulling surveillance video. To
Catherine Casey, another issue is the insurance money. You just
heard me going around and round with Dick Degeron, And
that's no easy feat about insurance money. Insurance money on
Belinda Temple's life. Now, ultimately some of that may have
(11:13):
been put into trust, but the reality is Temple knew
about it, and he would have control of the money. Well,
he did know, and he would have control. I don't
know that money would have been a primary motive, but
certainly it could have been a factor. He did go
out after Belinda was murdered, and he bought himself a
new truck, and people noticed that went out and bought
(11:37):
a new truck. That doesn't look good. Catherine Casey, I mean,
maybe I'm just projecting, but after the murder of my fiance,
just before our wedding, I couldn't even eat. I couldn't
even think much. Let's go out and buy a new car.
There was a lot of odd behavior. Neighbors saw David
and his brothers throwing a football around, kind of tossing
(12:00):
it back and forth on the front lawn of the
house where Belinda died two days after the killing, and
people at school saw Heather and David kind of having
little Tata tag and talking in the hallways at school.
Very quickly after David sent Heather flowers for Valentine's Day,
(12:25):
a month after his wife had been murdered. Okay, just
stop everything right there, Jesse Scott Morgan, did you hear that? Yes?
I do, Nancy, Yes I do. It doesn't exactly sound
like a grieving husband, does it, that you would go
have your way. Your wife is not even cold in
the ground at this point metaphorically speaking of course, and
(12:45):
you go out and you buy somebody flowers. Give me
a break. And it hasn't even been a month. To
Catherine Casey, who was taking care of the baby at
this time, Evan. David and Evan had moved into his parents'
house and they were helping out with Evan, and Evan
was back at daycare. He was back at Typerland Daycare,
(13:06):
where he'd been the day of the murder. I guess
that gives David Temple plenty of time to woo his girlfriend.
There was a big dichonomy about Heather Scott Listen. Temple's
defense team says Temple did not kill his wife, and
his affair with Scott wouldn't have been reason to kill
anyway because their relationship wasn't serious. Well, Temple is claiming
(13:31):
he and Heather Scott were not quote serious. Well, he's
sleeping with her every chance he can get. He gives
her flowers and jewelry. She says she doesn't want to
live this way anymore. He says, you don't have to.
And then just two years after his wife is murdered,
they get married. That sounds pretty serious to me. Catherine, Well,
(13:51):
you know, it sounded pretty serious, I think to everybody.
It's really hard in the court. Well that the idea
that they weren't serious just didn't play out. They married,
she became Evan's mother. They had a life together, and
that Christmas before Belinda's death, he bought head a gold
(14:13):
necklace for Christmas, and Belinda mentioned to a couple of
people that he bought her nothing, that she had no gift. So,
you know, their contention that this wasn't serious relationship just
didn't play well for investigators. What is the state's theory
a story that he told that never made any sense?
What didn't make any sense of that? The story was,
(14:35):
according to David Temple, at the very time he was
out with his six son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Belinda Temple in the back
of the head, which is eight months pregnant, while David
Temple is having an affair with the woman he was
madly in love with. She believes Belinda Temple was killed
around four pm, about a half hour before David was
(14:58):
seen by those surveillance came at the stores one Splinda
was dead, Siegler says, Temple went right to work and
cocting his alibi, David Temple made a sweep for the
house and made an attempt to make the house look
I could have been viglarized. He broke the glass in
the back door, and then he took evan to try
and get himself on videotape to alibi himself as quickly
(15:19):
as he could. To Catherine Casey, author of Shattered, how
does the investigation affect the marriage between David Temple and
his girlfriend turned wife. Well, there's got to be a
lot of pressure on the marriage at that point. I mean,
they're they're looking at a trial looming ahead there. You know,
(15:40):
people are looking at them wondering what David did here.
They've started this life there, They've joined the church in
the area. They're projecting his image of his perfect young
couple with their son. But you know, those rumors and
the gossip about David's previous wife about the lane never
(16:00):
really left him. Take a listen to what Belinda's parents
tell me. When was the first time you saw David
Temple after you learned Belinda had been murdered. I saw
David Temple at the funeral home the night before the funeral.
Now that strikes me as very unusual. That you that
(16:21):
he didn't come to you, or didn't did he call you? Maybe? No? Nothing?
How did he act at the funeral? Missus Lucas, just
like any other day of the week, I'd say, didn't
seem to be sad or anything. What was he like?
No tears were shed? Not a tear. I never saw
(16:42):
a tears shed. David Temple has never looked us in
the eye since our daughter was married, her murdered. Excuse me,
never has looked you in the eye. No. Do you
think Belinda knew he was having an affair during the marriage.
I think she had become aware of it. Do you
think that is what led to her death? I feel
(17:04):
that that could have been part of the reason. When
you look at all the facts. Do you think David
Temple murdered your daughter? After looking into all the facts
and reading what I've read, I believe David Temple killed
You can hear the parents voices just heavy with pain.
(17:28):
And maybe I'm projecting, but I remember at the murder
trial when my fiancee Keith had been murdered. When I
got down off the witness stand and was walking out,
I looked right at the defendant because I had never
seen him before, and he could not look me in
the eye. He looked down at his lap. Then I
(17:49):
looked at Alla's defense lawyers sitting all around him. They
do the same thing. They all looked down like they
were suddenly reading something. And I'm listening to what Blenda's parents.
Parents are telling me that even at the funeral, Temple
did not speak to them and would not look them
in the eye. Now, that's before he was ever under suspicion.
(18:12):
That was before he was arrested. This was just days
after the death. I mean, Brandy key on Sen, the
owner of the Katie Times. What does that tell you, Well,
it tells me that he might have very well had
something to hide. What about it, Catherine? I think I
think it's an indication of feeling guilty, of feeling that
(18:34):
to look him in the eye might have revealed too much.
You know, it's been said Katherine Casey, author, I've shattered
that no one ever said no to David Temple. Well,
you know, he was a football star. He was a
big shot in Katie, Texas where where football has got,
where football is king, and he was indulged as a child.
(18:55):
So I think that's a fair statement. What about it,
Joe Scott Morgan, do you think that in this context
this guy was, you know, the king of the county
in this area. He had always been given everything and
anything that he wanted. Big football star, college football star,
and he just felt like he could do anything that
he wanted. I think Kelly Signer, you know, she sniffed
(19:17):
this out. She understood that this guy was narcissistic enough
to believe that he could actually get away with murder.
Police never found the murder weapon, a twelve gage shotgun,
but during trial, prosecutors finally find a witness who could
corroborate that David Temple had access to such a gun.
(19:39):
A friend of the family who used to hunt with
the Temple boys came forward and he said that he
remembered the shotguns that they had used to hunt with,
the ones that the three brothers had, and that they
were all twelve gage shotguns. This testimony was incredibly important
because it was the first time that the prosecutors had
(20:01):
been able to put at twelve gage shotgun in David
Temple's hands. To this day, the murder weapon has never
been found, but in court, prosecutors theorized that David Temple
disposed of it the afternoon of the murder while he
was out running errands. David was seen by a high
(20:23):
school friend that afternoon at about five o'clock in his
pickup truck. But the really interesting thing was that it
was north, farther north than he was supposed to be.
David was seen in an area that surrounded by rice fields.
Why is he going to where all the ross fields
and canals are you? Now, we always believe that he
(20:44):
went there to get rid of the shotgun. Our friends
from Scorn, that's Nicole Blackman, Catherine Casey, What can you
tell me about this rice field or rice fields all
around David Temple's childhood home and he was seen in
that area when he wasn't supposed to be there the
day of the murder, So there are a lot of
the police officers and those investigating the case. At the time,
(21:06):
the shotgun was integral, The murder weapon was a big deal.
The prosecutors were demanding it to go forward at that time,
and so they spent many, many days searching those righteous
fields trying to find that shotgun. They looked down well,
they looked at ditches, they did everything they could, but
they were never able to find it. Just got Morgan.
(21:32):
Is it fatal to a prosecution not to have the
murder weapon. I don't know that it's necessarily fatal, Nancy,
but you gotta admit you've spent enough time and from
juries juries want to see the weapon. I think that
it can be very damaging to a case to be
absent that. So it's a real tough, uphill battle for
the prosecution. The case goes to trial with or without
(21:54):
a murder weapon. Listen to this. David Temple did not
kill his wife, Belinda Temple, and the evidence will show
you that he did not. It's true that David had
an affair, that doesn't make him a murderer. Not only
did Temple cheat on his wife, but a year and
a half after Belinda was killed, he married Heather Scott,
(22:18):
his one time mistress. She was the reason why David
Temple finally made up his mind to end his marriage
with Belinda by executing her. It doesn't look good, and
that's what the prosecutor harped on all during the trial.
Siegler actually called Heather to the stand. We weren't allowed
to record the witnesses audio, but the former mistress downplayed
(22:41):
the affair. That was just so come on, so contrived.
Nobody in the courtroom bought that. As a matter of fact,
David Temple and Heather Scott, his new wife, we're having
troubles of their own. The spokesperson for the victim's family
called this latest twist studying, But our legal analysts suggests
that how important this new information ends up being really
(23:02):
depends on what ends up getting said on the witness stand.
There is only one person, as in a criminal case
that's already seen plenty of twists. The second betrayal is
law enforcements betrayal of us. Now another one, and certainly
yesterday was quite a stunning surprise to everybody. Heather Temple,
(23:26):
David Temple's second wife filed for divorce yesterday in a
Fort Been County court. The filing claims their marriage quote
has become insupportable because of discord or conflict of personalities.
Heather Temple's attorneys told kh are you they're aware of
the divorce filing timing with the trial, but are asking
for privacy. We're hopeful that with the filing for divorce
shall be more candid, more forthcoming, and certainly more factual.
(23:48):
That's what she truly does now. Victim's advocate Andy Kahan,
has represented Belinda Lucas Temple's family since Belinda's murder. At
that time, Heather was having an affair with David Wow,
that's who he hou reporter Adam Bennett. So in the
middle of the trial, Katherine Casey, the second wife, after
all that, files for divorce. She did, and it was stunning.
(24:12):
The gossip mills were going crazy that day. People were
wondering if this would affect what she'd say once she
got under the stand. But the reality is it's not
her privilege to advance. In other words, if she tried
to testify about knowledge regarding Belinda's murder, it's David Temple
who invokes the privilege to stop her from testifying to
(24:35):
anything that occurred or was said during their marriage. Did
it change her testimony, Catherine, No, it didn't at all.
What had happened between the two of them during Belinda's
death was actually prior to their marriage, so it wasn't
covered under that protection. And she testified just as she
(24:56):
was expected to at the trial, which was what that
they had this affair and that she was in love
with it. She told David she was in love with him,
and he said he was in love with her. She
claimed that he had never told her that he had murdered,
you know, his wife that you know, she saw that
(25:20):
she didn't see the affair at the time as you know,
a motive for anything. She didn't suspect that he had
murdered Belinda. Take a listen to KPRC two Brandon Walker.
In a case that's all about competing timelines. Heather Scott
Temple's testimony is key for the prosecution because it confirms
that David Temple was unfaithful to a pregnant Melenda Temple
(25:43):
in the months leading to her death. So, thus, for George,
their establishing cause, maybe Temple killed his pregnant wife because
he no longer wanted to be married. Maybe he didn't
want a second child. David Temple sat and listened as
the woman who no longer wants to be his missus
testified for the prosecution. In the fall of nineteen ninety eight.
Then Heather Scott and David Temple began an extramarital affair.
(26:06):
Scott was a teacher, where Temple coached football and emailed
exchanges admitted into evidence. Pieced together a courtship starting with
happy hours, although the two would soon become intimate. Did
you notice that he kind of came and went as
he wanted, asked the prosecution. I mean, I guess Scott.
Temple said, I can't really speak to that relationship, referring
(26:28):
to Temple's marriage. David Temple made a sweep through the
house and made an attempt to make the house look
like it had been burglarized. He broke the glass in
the back door, and then he took Evan and went
to some places there in Katie to try and get
himself on videotape to alibi himself as quickly as he could.
That plan failed, she says, when a witness who went
(26:50):
to the same high school as Temple said he saw
him driving about a mile off the route. Temple said
he drove that day but close to these rice fields. Well,
what do you think he was doing out there? I
think that's where I went to get rid of the shotgun.
But you never found the shotgun? Do you know? Me?
Rospills or are in Katie, Texas and creeks and ponds.
(27:12):
That lack of a murder weapon hurts at trial and
then comes evidence. Regarding an interview, dejectives also talked to
Daniel Glasscock, the man who gave to Garren that videotaped statement.
The good goal was talking to mister Glasscock. Bring mister
(27:38):
Glasscott down. After five hours of talking, Glasscock wavered on
a lot of the details. Gard tell me, do not
see this? Do I say that? But I just feel
like when I heard that that witness is not only recanted,
but that witness admitted that Digny Garron was the person
(27:58):
who fed him the d tales of the murder case.
I was pretty disgusted. To Catherine Casey, author of Shattered,
who was in the courtroom. What was David Temple's demeanor
in court? And did he take the stand He did
take the stand, and Kelly Siegler was able to cross
examine him, and he actually did very well during his testimony.
(28:20):
He held up pretty well. She went after him, especially
about the timeline. In his original statement he said that
Belinda got home at three forty five. That statement was
given the night of the murder. On the stand, he
pushed it back and he said she got home closer
to four o'clock, which would have, of course tightened the
timeline and made it less likely that he could have
(28:41):
murdered Belinda. At any time did you see David Temple
break down in tears, show any emotion when the photos,
the death photos of his wife were shown, or even
when the medical examiner took the stand. You know, the
only time I saw David Temple cry was the playing
of the nine one one call, when his own voice
(29:03):
was ringing through the courtroom and founding off those walls.
Then he was practically sobbing. But the rest of the
time he would look around the courtroom, stare at the
person on the stand, or a look down at the
legal pad where he would write suggestions for Dick to garn.
So let me understand this, Steve Lampley, detective and author
(29:26):
outside your door. He only breaks down when he hears
his own voice. He cries about himself, Nancy. He obviously
had no remorse, and that's my concinition all along. And
he had no remorse. He had a purpose. He wanted
her dead so he could have this relationship with his
other woman. And yeah, I mean he for whatever reason
(29:48):
he cried on his own voice, but certainly not for Listen,
somebody's broken into my my wife. I just wrapped in
my wife. I've been shot. It's got blood everywhere. Okay, sir,
is she breathing? Her brain is on the floor. I
think she's already did. She's eight much brains did Okay?
(30:11):
We got a baby though, right, okay, okay, but I
don't know how to do CPR. Yeah, okay, I want
you to do CPR for that baby. Okay, okay, Yeah,
let's do Are you doing CPR for me? She's gone? Okay, Well,
let's see if we can use her okay for the baby.
Is there any way that you can do this? This
(30:34):
is no way. She's got a brain and his bloody
is covered on the floor. Well, the jury find the defendant,
David Mark Temple, guilty, of murder as charged in the indictment.
At the end of the jury trial, David Temple found guilty,
but doubts persist. The reality is Catherine Casey as overjoyed
(30:57):
as Belinda's parents were at the origin guilty verdict that
case was reversed. Why well, you know, there there were
allegations made by the defense team that evidence wasn't given
over as it should have been during discovery before the
trial started, and that dictor Geron was kind of you know,
(31:19):
taken off balance because of it. It was because of
the rule in the Harris County DA's office at the
time that the defense attorneys weren't entitled two like witness
statements until the witness testified. I think it was a
bad policy. And the appeals court decided that the defense
(31:41):
claims were right and they ruled in favor and they
set aside the verdict, and that meant that it went
back to the prosecutor's office here in Harris County and
they had to decide whether or not to follow through
with a second trial. You know, Brandy Keion seen the
owner of the Katie Times. It's so easy for prosecutor
to just try to take a cheap plea or to quote,
(32:05):
lose a case when there has been a reversal. But
that is not what local prosecutors did. Did they take
the case back to trial, They absolutely did. They did
that and it lasted several weeks, and they just they
were determined to make sure that they got a conviction
(32:25):
a second time. Because of the claims that ended up
reversing the original trial, Local prosecutors handed the case over
to the Attorney General to try to Catherine Casey, did
you see any change in strategy second time around? You know,
the case was basically the same, except mare was brought
in about Briley, Joe Sanders, the neighborhood kids. The defense
(32:48):
team used a lot of that information throughout the trial
to try to set up this scenario of another viable suspect.
The second jury trial of David Temple was us as
hard fall. Take a listen to this our friends at CBS.
We the jury find the defendant, David Mark Temple, guilty
(33:08):
of murder as charged in the indictment for the second time.
David Temple is convicted of killing his pregnant wife back
in nineteen ninety nine. Belinda was eight months pregnant when
she was shot in the back of her head in
her closet and Katie. Investigators soon learned her husband, a
high school football coach, had been having an affair with
a fellow teacher. The phone call I get that night
(33:29):
at time nis to nine on Monday night at January eleventh,
I said he was guilty. Then twenty and a half
years later, David Temple was still guilty. Belinda's brother, Brian
says he never lost hope even after Temple's first conviction
was thrown out. He says justice may have been delayed,
but today it was finally served again. This day's about Belinda.
(33:50):
This has nothing to do with David Temple. Yet even
after a second guilty verdict, David Temple manages to get
a bond hearing. Now that sent shot waves through the community.
Catherine Casey, When this guy twice convicted of his wife's
a murderer gets a bond hearing, and then letters are
(34:13):
read in court about how great David Tipple is, But
they were countered by letters from the victim's father and
the community. What happened at the bond hearing, Well, you know,
I've never seen this happen before. But the jury came
back with their guilty verdict, and then there was a
mistrial on the sentence thing Judge. Severe violence has already
(34:34):
been done to most, which is underlined of our conscience
to even get this far. We believe it is a
total fluke, a one in a thousand chance that this
group of jears was assembled. We know the price of
we know the price a mistrial carries. We know it
will put families through weeks of hell again. But for
(34:58):
the sentence we can in our will to accept it.
It is worth it. We believe any other jury assembled
could do this job properly and deliver the proper or
even a reasonable sentence. Two jars are not willing to
budge at all. There is nothing more we can do.
It is best for our all, It is best for
(35:18):
all families involved, as well as society to give someone
else a try. We will keep deliberating until you tell
us otherwise. And that signed the foreman. So David Temple
was not going to be sentenced for another eight months,
and during that time under Texas law, he was actually
(35:41):
eligible for our bond. So they were looking at putting
someone who had just been convicted of murder out back
on the streets to Harris County again and people were upset.
This was, you know, a major disappointment for the family
and for everybody involved. The bond hearing of the defense
(36:03):
brought in witnesses who testified that they didn't still didn't
believe that David was guilty and that he was just
this great guy and that he ought to be given
a bond. His brother, older brother, got on the stand
and said that he would be willing to put up
some money toward a bond. The judge was in the
position where she had a defendant who'd been convicted of murder,
(36:25):
but he was entitled to a bond, and then the
prosecutor got up and said, this has changed. This is
no longer a defendant who's been you know, indicted for
a murder. This is a convicted killer. And you know,
she argued that therefore this bond had to be high.
(36:47):
The judge came back and agreed with the prosecution and
set the bond at one million dollars. So once again
the family is left hanging high and dry. You know,
I'm always leary of retrials many many years after the fact,
and I've had to do them myself. I remember I
had not been at the prosecutor's office very long when
(37:10):
a case that went down, the murderer of and Atlanta
police officers a brother, which is before I was even
in law school. Had to put that case back together
again and retry it. That is hard to do. Evidence loss, witnesses,
memories fade. It's really hard to do. But the prosecutors
in this case hung in there. A dramatic retrial finds
(37:34):
high school football coach, the superstar of the region, guilty
in the murder of his pregnant wife all the way
back in nineteen ninety nine so he could continue his
affair with his so called hot coworker, David Temple, now
convicted for shooting his eight month pregnant wife, Belinda, in
(37:57):
the back of the head, killing her. Take a listen
to our friends at ABC. It was you could heard
a pen drop, just a never ending nightmare. I was
dumbfound that was the last thing I expected. Evan may
have touched them. The fact that the jury became aware
(38:18):
he had already served ten years had to have had
an impact. I know that two people were at probation.
There were six in the middle of thirty to forty
years and then for want of life. Twice convicted, still unsentenced.
I don't understand that he's still convicted and an entirely
(38:40):
new jury is now going to be been to evaluate
what punishment he should get. There is no if fans
or butts. David Temple is a cold blooded, diabolical murder
who deserves to spend the rest of his life in prison.
His family can visit him. Belinda's family has to visit
(39:00):
her in a grave no matter what the sentence is
from David Temple. His son Evan, whether he knows it
or not, got life. Still no justice for Belinda Temple,
Nancy Grace Killers amongst us, signing off goodbye friend,
Hi, guys, Nancy Grace here, welcome back to Killers amongst Us,
the production of iHeartMedia and crime online. Hot shot football
star David Temple now the prime suspect and his wife's
gruesome murderer. There's a trial, but the case is not
(00:25):
a slam duck for prosecutors. But why the story was
According to David Temple at the very time he was
out with his sixth son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Helinda Temple in the back
of the head, which is eight months pregnant, while David
Temple is having an affair with the woman he was
(00:46):
madly in love with. Police never found a murder weapon
a twelve gage shotgun. I Nancy Grace and this is
Killers amongst Us held His parents, Tom and Carol Lucas
suspected David after they learned he had betrayed their daughter.
Lucases did all they could to keep the case alive.
(01:08):
They paid for a billboard next to a busy highway,
and they took television crews to their daughter's gray but
nothing changed until November two thousand and four. More than
five years after the murder, when a case in California
taught the nation's attention. He is charged with killing his
(01:28):
wife Lacy. Guilty of the crime of murder. Scott Peterson
was convicted of killing his pregnant wife Lacy. Lucas saw
parallels to their case and contacted the prosecutors once again.
Welcome back, I Nancy Grace. This is killers amongst us.
The mystery surrounding the murder of a beautiful, young, pregnant
mom of one, Belinda Temple seemingly subsides. Years past, the
(01:54):
case grows cold. Not only does Scott Peterson and Lacy
Peterson come to the forefront, but during those years something
else happens. And in the spring of two thousand and one,
two years after Belinda's murder, David Temple wed's his girlfriend, Heather.
Heather and David married in a ceremony a country club
(02:16):
wedding that her parents threw. Only two of his fellow
coaches showed up. A lot of them declined the reason
was that there was this cloud hanging over them from
Belinda's murder. People were still wondering had David been involved.
Over the next three years, David and Heather move on
(02:37):
from the violent crime and happily settle in to their
new life together. Then, in November two thousand and four,
an event takes place in California that radically changes prosecutors
understanding of Belinda's case. A jury convicts Scott Peterson of
murdering his wife, Lacy, who was eight months pregnan. The
(03:01):
similarities to Belinda Temple's case are striking. Scott Peterson is
convicted of doing precisely the same thing that they believe
David is done. You had women who were both pregnant
about ready to deliver children. Both Scott Peterson and David
Temple were having affairs at the time that their wives
(03:24):
were murdered. And suddenly it appears feasible that a jury
will believe this, that they will understand that David Temple
may have murdered his wife. Well, that's just a theory.
There's nothing so far to support a claim that David
Temple murdered his wife. David Temple going oh with his life,
(03:48):
marrying his lover, the mistress he had during his marriage
with Belinda Temple, but still no prosecution. This time. She
had no murder weapon to work with. You didn't have
the gun, No no incriminating fingerprints, There is no DNA
evidence and no eyewitnesses. So what did you have against him?
(04:08):
A story that he told that never made any sense.
What didn't make any sense about it? The story was,
according to David Temple, at the very time he was
out with his six son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Felinda Temple in the back
(04:28):
of the head when she's eight months pregnant, while David
Temple is having an affair with the woman he was
madly in love with. To Catherine Casey, joining us, author
offs shattered that dissects this case. Well, she's right, it
doesn't make sense. But that's not enough for a felony
murder prosecution. No, but there was that evidence of the
glass and the question about why the door was open,
(04:51):
why a burglar would break an open door, and the
timeline here was really interesting. On Friday January eighth, just
three days before Belinda's murder, Heather Scott told police that
David had said that he had totally fallen in love
with her, and that she said she felt the same way.
So it was only three days after he pledged his
(05:12):
loved for another woman that this happened. The likelihood that
a burglar would pick that day to break into the
house until Belinda's seemed a little off strange to be blunged. Well,
there's even more. Did gern buckle up? Was there insurance money? Yeah?
There was insurance you know, all went almost all went
to Evan, the the young boy, really because I heard
(05:37):
only sixty thousand of the two hundred thousand went to
a trust and that was after twisting somebody's arm. No,
that's not right. The Temple family and David sought to
have it put into trust, and part of it went
to the original attorney in the case. But that's because
from the very beginning the police were falsely accusing David.
(05:58):
Why did he need a defense lawyer there at the
house the night before the funeral? He lawyered up pretty fast, Dick. Well,
sure it did, because they were accusing him from the beginning,
and they were accusing him only because they say that
when a wife has murdered, the husband is always a suspect.
They didn't have any evidence. Then what about the gunshot powder?
They don't have any evidence. Now, I don't believe that
(06:18):
stuff Nancy in the first place. They won't give it
to us. It won't. I got arrest affidavit right here. Yeah,
you've got the affidavit, but you don't have the test.
We've been asking for the test. We filed a motion
asking that they give us the test. Let us independently
test it. It came from their test, came from a
questionable source, the FBI. Are you going to say cross
(06:39):
contamination because they haven't bought that since they didn't have
any evidence. Then what about the gunshot powder? They don't
have any evidence. Now I don't believe that stuff Nancy
in the first place. They won't give it to us.
It won't. I got arrest affidavit right here. Yeah, you've
got the affidavit, but you don't have the test. We've
(07:01):
been asking for the test. We filed a motion asking
that they give us the test. Let us independently tested.
It came from their test, came from a questionable source,
the FBI. Are you going to say cross contamination because
I haven't found that since Cochrane set it in the
j census there. I'm going round and round with a
defense attorney Dick da gear In, a famous defense attorney.
(07:21):
To Joseph Scott Morgan forress expert, tell me about the
gunshot residue. Yeah, the gunshot residue is significant in this case, Nancy,
just as I'd mentioned that it was deposited on the clothing,
and the big question is can we trust what the
findings are relative to the suspect? To Catherine Casey, author,
I've shattered what's the problem with the findings on gunshot residue? Well,
(07:45):
there is this theory cross contamination, and the FBI lab
at that point was having problems with that. The clothing
was sent off to the FBI lab and they did
come back and say that they found it on the
warm up suit or winch that David wore that day
to school. I don't know, Brandy Key on seeing the
(08:05):
owner of the Katie Times. Ultimately, was it determined that
the gunshot residue test showing a residue on David Temple's
warm up suit was believable or not? Did was it usable? Well?
The prosecutor certainly believed that it was viable, but they
(08:28):
didn't necessarily believe that it was usable. Well, actually that
makes sense to Steve Lampley, detective and author. Sometimes you
have evidence that you think is very powerful, but you know,
putting it up in front of a jury is opening
a can of worms you don't want to open. And
I really believe that that gunshot residue was very powerful,
(08:54):
but with all the issues of cross contamination at that
particular lab, it could have caused more problems for police.
Then help them as you could have you and you're
looking at potentially bringing in the FBI experts from the
lab to explain how they processed it him. And given
the fact that they were having issues with cross contamination
(09:16):
during that period of time, you're opening up a lot
of the figure, opening up a lot of gray areas.
I mean, sometimes you've got powerful evidence, but it's not
worth the damage it can do to a case to
bring it in. So Brandy Keyon seen the owner of
the Katie Times. Is it true that David Temple the
night before Belinda's funeral gets a defense lawyer? He does
a defense lawyer. He actually got a defense lawyer as
(09:40):
soon as he left the police station. He immediately went
out and got one Wow, what can you tell me
about that? Catherine Casey, Well, you know it was an
odd interview seen that night. They did it at one
of the substations, and the family half the family show
it up there and everybody rallied around David. And yes,
by the time David walked out of the substation, they
(10:03):
had already put in a call Towood defense attorney. Wow,
you know, because to Joseph Scott Morgan, I would think
that a loving husband would do anything to help find
his wife's killer, not run out and get a defense lawyer. Yeah,
you would think that, Nancy. But sometimes when you're staring
down the staring down a detective on the other side
of the table, it gives you pause, just for a second.
(10:26):
Are they looking at me? Is this guy bright enough
to assess that at that moment time or was he
attempting to hide something that would you know? Otherwise you know,
thwart what the police are trying to do. It's real
hard to ascertain that questions swirling. Police doing everything they can,
building a timeline, canvassing the neighborhood, going door to door,
(10:50):
bringing in crime scene tech experts, pulling surveillance video. To
Catherine Casey, another issue is the insurance money. You just
heard me going around and round with Dick Degeron, And
that's no easy feat about insurance money. Insurance money on
Belinda Temple's life. Now, ultimately some of that may have
(11:13):
been put into trust, but the reality is Temple knew
about it, and he would have control of the money. Well,
he did know, and he would have control. I don't
know that money would have been a primary motive, but
certainly it could have been a factor. He did go
out after Belinda was murdered, and he bought himself a
new truck, and people noticed that went out and bought
(11:37):
a new truck. That doesn't look good. Catherine Casey, I mean,
maybe I'm just projecting, but after the murder of my fiance,
just before our wedding, I couldn't even eat. I couldn't
even think much. Let's go out and buy a new car.
There was a lot of odd behavior. Neighbors saw David
and his brothers throwing a football around, kind of tossing
(12:00):
it back and forth on the front lawn of the
house where Belinda died two days after the killing, and
people at school saw Heather and David kind of having
little Tata tag and talking in the hallways at school.
Very quickly after David sent Heather flowers for Valentine's Day,
(12:25):
a month after his wife had been murdered. Okay, just
stop everything right there, Jesse Scott Morgan, did you hear that? Yes?
I do, Nancy, Yes I do. It doesn't exactly sound
like a grieving husband, does it, that you would go
have your way. Your wife is not even cold in
the ground at this point metaphorically speaking of course, and
(12:45):
you go out and you buy somebody flowers. Give me
a break. And it hasn't even been a month. To
Catherine Casey, who was taking care of the baby at
this time, Evan. David and Evan had moved into his parents'
house and they were helping out with Evan, and Evan
was back at daycare. He was back at Typerland Daycare,
(13:06):
where he'd been the day of the murder. I guess
that gives David Temple plenty of time to woo his girlfriend.
There was a big dichonomy about Heather Scott Listen. Temple's
defense team says Temple did not kill his wife, and
his affair with Scott wouldn't have been reason to kill
anyway because their relationship wasn't serious. Well, Temple is claiming
(13:31):
he and Heather Scott were not quote serious. Well, he's
sleeping with her every chance he can get. He gives
her flowers and jewelry. She says she doesn't want to
live this way anymore. He says, you don't have to.
And then just two years after his wife is murdered,
they get married. That sounds pretty serious to me. Catherine, Well,
(13:51):
you know, it sounded pretty serious, I think to everybody.
It's really hard in the court. Well that the idea
that they weren't serious just didn't play out. They married,
she became Evan's mother. They had a life together, and
that Christmas before Belinda's death, he bought head a gold
(14:13):
necklace for Christmas, and Belinda mentioned to a couple of
people that he bought her nothing, that she had no gift. So,
you know, their contention that this wasn't serious relationship just
didn't play well for investigators. What is the state's theory
a story that he told that never made any sense?
What didn't make any sense of that? The story was,
(14:35):
according to David Temple, at the very time he was
out with his six son running errands that didn't need
to be run, a random burglar just happened to break
into his house and shoots Belinda Temple in the back
of the head, which is eight months pregnant, while David
Temple is having an affair with the woman he was
madly in love with. She believes Belinda Temple was killed
around four pm, about a half hour before David was
(14:58):
seen by those surveillance came at the stores one Splinda
was dead, Siegler says, Temple went right to work and
cocting his alibi, David Temple made a sweep for the
house and made an attempt to make the house look
I could have been viglarized. He broke the glass in
the back door, and then he took evan to try
and get himself on videotape to alibi himself as quickly
(15:19):
as he could. To Catherine Casey, author of Shattered, how
does the investigation affect the marriage between David Temple and
his girlfriend turned wife. Well, there's got to be a
lot of pressure on the marriage at that point. I mean,
they're they're looking at a trial looming ahead there. You know,
(15:40):
people are looking at them wondering what David did here.
They've started this life there, They've joined the church in
the area. They're projecting his image of his perfect young
couple with their son. But you know, those rumors and
the gossip about David's previous wife about the lane never
(16:00):
really left him. Take a listen to what Belinda's parents
tell me. When was the first time you saw David
Temple after you learned Belinda had been murdered. I saw
David Temple at the funeral home the night before the funeral.
Now that strikes me as very unusual. That you that
(16:21):
he didn't come to you, or didn't did he call you? Maybe? No? Nothing?
How did he act at the funeral? Missus Lucas, just
like any other day of the week, I'd say, didn't
seem to be sad or anything. What was he like?
No tears were shed? Not a tear. I never saw
(16:42):
a tears shed. David Temple has never looked us in
the eye since our daughter was married, her murdered. Excuse me,
never has looked you in the eye. No. Do you
think Belinda knew he was having an affair during the marriage.
I think she had become aware of it. Do you
think that is what led to her death? I feel
(17:04):
that that could have been part of the reason. When
you look at all the facts. Do you think David
Temple murdered your daughter? After looking into all the facts
and reading what I've read, I believe David Temple killed
You can hear the parents voices just heavy with pain.
(17:28):
And maybe I'm projecting, but I remember at the murder
trial when my fiancee Keith had been murdered. When I
got down off the witness stand and was walking out,
I looked right at the defendant because I had never
seen him before, and he could not look me in
the eye. He looked down at his lap. Then I
(17:49):
looked at Alla's defense lawyers sitting all around him. They
do the same thing. They all looked down like they
were suddenly reading something. And I'm listening to what Blenda's parents.
Parents are telling me that even at the funeral, Temple
did not speak to them and would not look them
in the eye. Now, that's before he was ever under suspicion.
(18:12):
That was before he was arrested. This was just days
after the death. I mean, Brandy key on Sen, the
owner of the Katie Times. What does that tell you, Well,
it tells me that he might have very well had
something to hide. What about it, Catherine? I think I
think it's an indication of feeling guilty, of feeling that
(18:34):
to look him in the eye might have revealed too much.
You know, it's been said Katherine Casey, author, I've shattered
that no one ever said no to David Temple. Well,
you know, he was a football star. He was a
big shot in Katie, Texas where where football has got,
where football is king, and he was indulged as a child.
(18:55):
So I think that's a fair statement. What about it,
Joe Scott Morgan, do you think that in this context
this guy was, you know, the king of the county
in this area. He had always been given everything and
anything that he wanted. Big football star, college football star,
and he just felt like he could do anything that
he wanted. I think Kelly Signer, you know, she sniffed
(19:17):
this out. She understood that this guy was narcissistic enough
to believe that he could actually get away with murder.
Police never found the murder weapon, a twelve gage shotgun,
but during trial, prosecutors finally find a witness who could
corroborate that David Temple had access to such a gun.
(19:39):
A friend of the family who used to hunt with
the Temple boys came forward and he said that he
remembered the shotguns that they had used to hunt with,
the ones that the three brothers had, and that they
were all twelve gage shotguns. This testimony was incredibly important
because it was the first time that the prosecutors had
(20:01):
been able to put at twelve gage shotgun in David
Temple's hands. To this day, the murder weapon has never
been found, but in court, prosecutors theorized that David Temple
disposed of it the afternoon of the murder while he
was out running errands. David was seen by a high
(20:23):
school friend that afternoon at about five o'clock in his
pickup truck. But the really interesting thing was that it
was north, farther north than he was supposed to be.
David was seen in an area that surrounded by rice fields.
Why is he going to where all the ross fields
and canals are you? Now, we always believe that he
(20:44):
went there to get rid of the shotgun. Our friends
from Scorn, that's Nicole Blackman, Catherine Casey, What can you
tell me about this rice field or rice fields all
around David Temple's childhood home and he was seen in
that area when he wasn't supposed to be there the
day of the murder, So there are a lot of
the police officers and those investigating the case. At the time,
(21:06):
the shotgun was integral, The murder weapon was a big deal.
The prosecutors were demanding it to go forward at that time,
and so they spent many, many days searching those righteous
fields trying to find that shotgun. They looked down well,
they looked at ditches, they did everything they could, but
they were never able to find it. Just got Morgan.
(21:32):
Is it fatal to a prosecution not to have the
murder weapon. I don't know that it's necessarily fatal, Nancy,
but you gotta admit you've spent enough time and from
juries juries want to see the weapon. I think that
it can be very damaging to a case to be
absent that. So it's a real tough, uphill battle for
the prosecution. The case goes to trial with or without
(21:54):
a murder weapon. Listen to this. David Temple did not
kill his wife, Belinda Temple, and the evidence will show
you that he did not. It's true that David had
an affair, that doesn't make him a murderer. Not only
did Temple cheat on his wife, but a year and
a half after Belinda was killed, he married Heather Scott,
(22:18):
his one time mistress. She was the reason why David
Temple finally made up his mind to end his marriage
with Belinda by executing her. It doesn't look good, and
that's what the prosecutor harped on all during the trial.
Siegler actually called Heather to the stand. We weren't allowed
to record the witnesses audio, but the former mistress downplayed
(22:41):
the affair. That was just so come on, so contrived.
Nobody in the courtroom bought that. As a matter of fact,
David Temple and Heather Scott, his new wife, we're having
troubles of their own. The spokesperson for the victim's family
called this latest twist studying, But our legal analysts suggests
that how important this new information ends up being really
(23:02):
depends on what ends up getting said on the witness stand.
There is only one person, as in a criminal case
that's already seen plenty of twists. The second betrayal is
law enforcements betrayal of us. Now another one, and certainly
yesterday was quite a stunning surprise to everybody. Heather Temple,
(23:26):
David Temple's second wife filed for divorce yesterday in a
Fort Been County court. The filing claims their marriage quote
has become insupportable because of discord or conflict of personalities.
Heather Temple's attorneys told kh are you they're aware of
the divorce filing timing with the trial, but are asking
for privacy. We're hopeful that with the filing for divorce
shall be more candid, more forthcoming, and certainly more factual.
(23:48):
That's what she truly does now. Victim's advocate Andy Kahan,
has represented Belinda Lucas Temple's family since Belinda's murder. At
that time, Heather was having an affair with David Wow,
that's who he hou reporter Adam Bennett. So in the
middle of the trial, Katherine Casey, the second wife, after
all that, files for divorce. She did, and it was stunning.
(24:12):
The gossip mills were going crazy that day. People were
wondering if this would affect what she'd say once she
got under the stand. But the reality is it's not
her privilege to advance. In other words, if she tried
to testify about knowledge regarding Belinda's murder, it's David Temple
who invokes the privilege to stop her from testifying to
(24:35):
anything that occurred or was said during their marriage. Did
it change her testimony, Catherine, No, it didn't at all.
What had happened between the two of them during Belinda's
death was actually prior to their marriage, so it wasn't
covered under that protection. And she testified just as she
(24:56):
was expected to at the trial, which was what that
they had this affair and that she was in love
with it. She told David she was in love with him,
and he said he was in love with her. She
claimed that he had never told her that he had murdered,
you know, his wife that you know, she saw that
(25:20):
she didn't see the affair at the time as you know,
a motive for anything. She didn't suspect that he had
murdered Belinda. Take a listen to KPRC two Brandon Walker.
In a case that's all about competing timelines. Heather Scott
Temple's testimony is key for the prosecution because it confirms
that David Temple was unfaithful to a pregnant Melenda Temple
(25:43):
in the months leading to her death. So, thus, for George,
their establishing cause, maybe Temple killed his pregnant wife because
he no longer wanted to be married. Maybe he didn't
want a second child. David Temple sat and listened as
the woman who no longer wants to be his missus
testified for the prosecution. In the fall of nineteen ninety eight.
Then Heather Scott and David Temple began an extramarital affair.
(26:06):
Scott was a teacher, where Temple coached football and emailed
exchanges admitted into evidence. Pieced together a courtship starting with
happy hours, although the two would soon become intimate. Did
you notice that he kind of came and went as
he wanted, asked the prosecution. I mean, I guess Scott.
Temple said, I can't really speak to that relationship, referring
(26:28):
to Temple's marriage. David Temple made a sweep through the
house and made an attempt to make the house look
like it had been burglarized. He broke the glass in
the back door, and then he took Evan and went
to some places there in Katie to try and get
himself on videotape to alibi himself as quickly as he could.
That plan failed, she says, when a witness who went
(26:50):
to the same high school as Temple said he saw
him driving about a mile off the route. Temple said
he drove that day but close to these rice fields. Well,
what do you think he was doing out there? I
think that's where I went to get rid of the shotgun.
But you never found the shotgun? Do you know? Me?
Rospills or are in Katie, Texas and creeks and ponds.
(27:12):
That lack of a murder weapon hurts at trial and
then comes evidence. Regarding an interview, dejectives also talked to
Daniel Glasscock, the man who gave to Garren that videotaped statement.
The good goal was talking to mister Glasscock. Bring mister
(27:38):
Glasscott down. After five hours of talking, Glasscock wavered on
a lot of the details. Gard tell me, do not
see this? Do I say that? But I just feel
like when I heard that that witness is not only recanted,
but that witness admitted that Digny Garron was the person
(27:58):
who fed him the d tales of the murder case.
I was pretty disgusted. To Catherine Casey, author of Shattered,
who was in the courtroom. What was David Temple's demeanor
in court? And did he take the stand He did
take the stand, and Kelly Siegler was able to cross
examine him, and he actually did very well during his testimony.
(28:20):
He held up pretty well. She went after him, especially
about the timeline. In his original statement he said that
Belinda got home at three forty five. That statement was
given the night of the murder. On the stand, he
pushed it back and he said she got home closer
to four o'clock, which would have, of course tightened the
timeline and made it less likely that he could have
(28:41):
murdered Belinda. At any time did you see David Temple
break down in tears, show any emotion when the photos,
the death photos of his wife were shown, or even
when the medical examiner took the stand. You know, the
only time I saw David Temple cry was the playing
of the nine one one call, when his own voice
(29:03):
was ringing through the courtroom and founding off those walls.
Then he was practically sobbing. But the rest of the
time he would look around the courtroom, stare at the
person on the stand, or a look down at the
legal pad where he would write suggestions for Dick to garn.
So let me understand this, Steve Lampley, detective and author
(29:26):
outside your door. He only breaks down when he hears
his own voice. He cries about himself, Nancy. He obviously
had no remorse, and that's my concinition all along. And
he had no remorse. He had a purpose. He wanted
her dead so he could have this relationship with his
other woman. And yeah, I mean he for whatever reason
(29:48):
he cried on his own voice, but certainly not for Listen,
somebody's broken into my my wife. I just wrapped in
my wife. I've been shot. It's got blood everywhere. Okay, sir,
is she breathing? Her brain is on the floor. I
think she's already did. She's eight much brains did Okay?
(30:11):
We got a baby though, right, okay, okay, but I
don't know how to do CPR. Yeah, okay, I want
you to do CPR for that baby. Okay, okay, Yeah,
let's do Are you doing CPR for me? She's gone? Okay, Well,
let's see if we can use her okay for the baby.
Is there any way that you can do this? This
(30:34):
is no way. She's got a brain and his bloody
is covered on the floor. Well, the jury find the defendant,
David Mark Temple, guilty, of murder as charged in the indictment.
At the end of the jury trial, David Temple found guilty,
but doubts persist. The reality is Catherine Casey as overjoyed
(30:57):
as Belinda's parents were at the origin guilty verdict that
case was reversed. Why well, you know, there there were
allegations made by the defense team that evidence wasn't given
over as it should have been during discovery before the
trial started, and that dictor Geron was kind of you know,
(31:19):
taken off balance because of it. It was because of
the rule in the Harris County DA's office at the
time that the defense attorneys weren't entitled two like witness
statements until the witness testified. I think it was a
bad policy. And the appeals court decided that the defense
(31:41):
claims were right and they ruled in favor and they
set aside the verdict, and that meant that it went
back to the prosecutor's office here in Harris County and
they had to decide whether or not to follow through
with a second trial. You know, Brandy Keion seen the
owner of the Katie Times. It's so easy for prosecutor
to just try to take a cheap plea or to quote,
(32:05):
lose a case when there has been a reversal. But
that is not what local prosecutors did. Did they take
the case back to trial, They absolutely did. They did
that and it lasted several weeks, and they just they
were determined to make sure that they got a conviction
(32:25):
a second time. Because of the claims that ended up
reversing the original trial, Local prosecutors handed the case over
to the Attorney General to try to Catherine Casey, did
you see any change in strategy second time around? You know,
the case was basically the same, except mare was brought
in about Briley, Joe Sanders, the neighborhood kids. The defense
(32:48):
team used a lot of that information throughout the trial
to try to set up this scenario of another viable suspect.
The second jury trial of David Temple was us as
hard fall. Take a listen to this our friends at CBS.
We the jury find the defendant, David Mark Temple, guilty
(33:08):
of murder as charged in the indictment for the second time.
David Temple is convicted of killing his pregnant wife back
in nineteen ninety nine. Belinda was eight months pregnant when
she was shot in the back of her head in
her closet and Katie. Investigators soon learned her husband, a
high school football coach, had been having an affair with
a fellow teacher. The phone call I get that night
(33:29):
at time nis to nine on Monday night at January eleventh,
I said he was guilty. Then twenty and a half
years later, David Temple was still guilty. Belinda's brother, Brian
says he never lost hope even after Temple's first conviction
was thrown out. He says justice may have been delayed,
but today it was finally served again. This day's about Belinda.
(33:50):
This has nothing to do with David Temple. Yet even
after a second guilty verdict, David Temple manages to get
a bond hearing. Now that sent shot waves through the community.
Catherine Casey, When this guy twice convicted of his wife's
a murderer gets a bond hearing, and then letters are
(34:13):
read in court about how great David Tipple is, But
they were countered by letters from the victim's father and
the community. What happened at the bond hearing, Well, you know,
I've never seen this happen before. But the jury came
back with their guilty verdict, and then there was a
mistrial on the sentence thing Judge. Severe violence has already
(34:34):
been done to most, which is underlined of our conscience
to even get this far. We believe it is a
total fluke, a one in a thousand chance that this
group of jears was assembled. We know the price of
we know the price a mistrial carries. We know it
will put families through weeks of hell again. But for
(34:58):
the sentence we can in our will to accept it.
It is worth it. We believe any other jury assembled
could do this job properly and deliver the proper or
even a reasonable sentence. Two jars are not willing to
budge at all. There is nothing more we can do.
It is best for our all, It is best for
(35:18):
all families involved, as well as society to give someone
else a try. We will keep deliberating until you tell
us otherwise. And that signed the foreman. So David Temple
was not going to be sentenced for another eight months,
and during that time under Texas law, he was actually
(35:41):
eligible for our bond. So they were looking at putting
someone who had just been convicted of murder out back
on the streets to Harris County again and people were upset.
This was, you know, a major disappointment for the family
and for everybody involved. The bond hearing of the defense
(36:03):
brought in witnesses who testified that they didn't still didn't
believe that David was guilty and that he was just
this great guy and that he ought to be given
a bond. His brother, older brother, got on the stand
and said that he would be willing to put up
some money toward a bond. The judge was in the
position where she had a defendant who'd been convicted of murder,
(36:25):
but he was entitled to a bond, and then the
prosecutor got up and said, this has changed. This is
no longer a defendant who's been you know, indicted for
a murder. This is a convicted killer. And you know,
she argued that therefore this bond had to be high.
(36:47):
The judge came back and agreed with the prosecution and
set the bond at one million dollars. So once again
the family is left hanging high and dry. You know,
I'm always leary of retrials many many years after the fact,
and I've had to do them myself. I remember I
had not been at the prosecutor's office very long when
(37:10):
a case that went down, the murderer of and Atlanta
police officers a brother, which is before I was even
in law school. Had to put that case back together
again and retry it. That is hard to do. Evidence loss, witnesses,
memories fade. It's really hard to do. But the prosecutors
in this case hung in there. A dramatic retrial finds
(37:34):
high school football coach, the superstar of the region, guilty
in the murder of his pregnant wife all the way
back in nineteen ninety nine so he could continue his
affair with his so called hot coworker, David Temple, now
convicted for shooting his eight month pregnant wife, Belinda, in
(37:57):
the back of the head, killing her. Take a listen
to our friends at ABC. It was you could heard
a pen drop, just a never ending nightmare. I was
dumbfound that was the last thing I expected. Evan may
have touched them. The fact that the jury became aware
(38:18):
he had already served ten years had to have had
an impact. I know that two people were at probation.
There were six in the middle of thirty to forty
years and then for want of life. Twice convicted, still unsentenced.
I don't understand that he's still convicted and an entirely
(38:40):
new jury is now going to be been to evaluate
what punishment he should get. There is no if fans
or butts. David Temple is a cold blooded, diabolical murder
who deserves to spend the rest of his life in prison.
His family can visit him. Belinda's family has to visit
(39:00):
her in a grave no matter what the sentence is
from David Temple. His son Evan, whether he knows it
or not, got life. Still no justice for Belinda Temple,
Nancy Grace Killers amongst us, signing off goodbye friend,
Host
Nancy Grace
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