HOUSTON -- A high school football coach who was convicted of killing his pregnant wife was denied a new trial Monday, KPRC Local 2 reported.
A jury determined that David Temple used a shotgun to murder his wife, Belinda, in the bedroom closet of their Katy home on Jan. 11, 1999. Belinda Temple, 30, was eight months pregnant with a baby girl who she planned to name Erin.
Temple was sentenced to life in prison and fined $10,000 in November.
Attorney Dick DeGuerin told the judge on Monday that Temple was convicted on emotion whipped up by prosecutor Kelly Siegler, not on the facts.
DeGuerin accused Siegler off throwing out sensational questions and opinions during the trial that the jury heard even though they were ruled improper.
Much of the evidence centered on Temple's extramarital affair with teacher Heather Scott at the time of the murder. Temple and Scott were married about two years after Belinda Temple died.
DeGuerin argued that Siegler committed misconduct during her cross-examinations and final argument, and that she delayed handing over important evidence to the defense.
Prosecutors denied DeGuerin's claims.
"I got a conviction based on the overwhelming evidence," Siegler said.
Siegler defended her line of questioning when she was called to the stand.
State District Judge Doug Shaver refused to allow DeGuerin to question her motives for pursuing it.
At the end of the day, Shaver denied the motion for a new trial.
Belinda Temple's father applauded the judge's decision.
"I'm not going to worry about this. I think the jury made their decision, know they made the right decision and we'll move on from here," Tom Lucas said.
"There is a minefield you have to navigate before an appellant court will consider the claims of prosecutorial misconduct or improper argument," KPRC Local 2 legal analyst Brian Wice said. "Certainly while Kelly Siegler walked up to the line and in many instances stepped over it, the question for the Court of Appeals is going to be were Dick DeGuerin's objections sufficient to carry the day."
David Temple's attorneys said they would appeal.
"An innocent man has been convicted and given a life sentence. I've made a pledge to David Temple that I will never give up," DeGuerin said.
Previous Stories: - November 19, 2007: Temple Sentenced For Murdering Pregnant Wife
- November 16, 2007: People Choose Sides After Temple Verdict
- November 16, 2007: David Temple Guilty Of Killing Pregnant Wife
- November 14, 2007: Jury Begins Deliberating Temple Murder Trial
- November 13, 2007: Prosecutor Grills Ex-Coach Accused Of Killing Wife
- November 12, 2007: Former Coach Testifies In Own Murder Trial
- November 9, 2007: Relatives Of Man Charged With Murder Testify In Trial
- November 6, 2007: Wife Testifies Again In Husband's Murder Trial
- November 5, 2007: Twin Sister Testifies In Murder Trial
- October 31, 2007: Neighbors Testify About Day Belinda Temple Died
- October 30, 2007: Shotgun Becomes Focus Of Murder Trial
- October 25, 2007: Current Wife Of Man Accused Of Killing Pregnant Wife Testifies
- October 25, 2007: Coach Testifies Against Husband Accused Of Killing Wife
- October 18, 2007: Scene Photos Shown In Trial Of Man Accused Of Killing Wife
- October 16, 2007: Prosecutor: Husband's Affair Motive For Pregnant Wife's Killing
- October 15, 2007: Trial Begins For Man Accused Of Killing Pregnant Wife
- October 11, 2007: 9 Years Later, Husband Stands Trial For Wife's Murder
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