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.