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No new trial for Temple, despite allegations of misconduct

06:16 PM CST on Monday, January 14, 2008

By Wendell Edwards / 11 News

Judge reads the verdict | Belinda Temple's family on the verdict | Wendell Edwards' 11 News report

Raw video: Families react to the verdict

It was a rare picture: A star prosecutor on the witness stand, defending her work.

But it happened Monday in a Houston courtroom.

“I’m used to being in control. This is a lot different,” Assistant District Attorney Kelly Siegler said.

Siegler was called to the stand by defense attorney Dick DeGuerin at a motion for retrial for David Temple , a former football coach convicted of killing his pregnant wife.

DeGuerin accused Siegler of prosecutorial misconduct.

“There was misconduct on the behalf of the state,” DeGuerin said. “There were improper suggestions made. There was hearsay by inference suggesting evidence that was just not there.”

A jury convicted Temple in November.  He’s currently serving a life sentence for the 1999 murder of this then-wife Belinda. 

Prosecutors painted a portrait of an adulterer who killed his wife to be with a co-worker. Temple admitted to having an affair with a fellow teacher, Heather Scott, just weeks prior to Belinda’s death.

But DeGuerin said Siegler didn’t play by the rules when Temple was convicted.

“Were you just ignoring the judge’s sustaining of the objections?” DeGuerin asked Siegler.

“I would never disregard a judge’s ruling. I respect this judge more than any other judge. There were times I didn’t understand. And I may have asked another question that I thought met the judge’s ruling. But I would never disregard a judge’s ruling,” Siegler said.

In the end, it didn’t matter.

KHOU - TV

David Temple is accused in the murder of his wife, Belinda.

Judge Doug Shaver denied the motion for a new trial.

Belinda Temple’s family believed it was the right decision.

“We are happy with the decision that was made today. I’m sure we’ll have to listen to more down the road,” Tom Lucas said.

He’s probably right.

DeGuerin says he’ll appeal the decision again – this time in a higher court.

“I made a pledge to David Temple. I will never give up. This case is not over,” DeGuerin said.

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