HOUSTON—A former high school coach and Katy football star convicted of killing his pregnant wife is asking for a new trial based on a potential new witness who has come forward.
David Temple was sentenced to life in prison in 2007 for the 1999 shooting death of his wife, Belinda. She was eight months pregnant at the time and doctors couldn’t save the baby.
Temple later married the woman he was having an affair with when his wife was murdered.
Temple’s attorneys filed a motion Monday that points to a new witness. They say the witness—identified only as "John Doe"—heard another suspect admit to burglarizing the couple’s home in Katy and firing a shotgun.
"This is about David Temple’s innocence. We want this heard by a court as quickly as possible," said Attorney Dick De Guerin. "David Temple has been in prison for five years and he’s an innocent man."
The district attorney’s office has appointed a special prosecutor to review the case and how the evidence was handled.
The defense says the real killers were four teens, including a then 16-year-old neighbor, originally questioned by police. Three of the four original suspects failed polygraph tests and gave investigators different stories, according to Temple’s attorneys.
They also claim prosecutors hid this valuable piece of evidence from them.
Attorneys for the four men call those allegations a legal charade.
"The people they are accusing have nothing to do with this," said Paul Doyle, attorney. "They are trying to ruin other people’s lives knowing their client committed this murder.
Doyle said it’s a political turf war between the DA, Dick DeGuerin and former prosecutor Kelly Seigler.
"It stinks. It stinks to... it is dirty, dirty!" he said.
"Contrary to the baseless allegations of our critics, politics is not and never can be the motivation behind this type of review. We do this because it is the right thing to do," the DA’s office said in a written statement.
Belinda Temple’s family is stunned.
"They are most concerned about David Temple getting out of prison" said Andy Kahan, a family spokesperson. "They (the family) are of the opinion that he is the one that killed their daughter and her unborn child, and that the jury made a correct call."
David Temple’s defense attorneys are also pointing the finger of blame at the Sheriff’s office, claiming someone there publicly released the name of their informant, putting that person’s life in danger.
A judge in Houston has scheduled an Oct. 1 hearing on the motion.