HOUSTON – Prosecutors were given more time Thursday to review the nearly two-decade-old case of a former high school football coach convicted of killing his wife but was later freed from prison.
David Temple spent nine years in prison after a jury convicted him in the 1999 shooting death of his pregnant wife, Belinda. After a lengthy appeals process, he was released on bond in December 2016 while he awaits a new trial.
Special prosecutors were appointed by a judge last year to review the case and decide whether Temple will be tried again.
During Thursday’s hearing, prosecutors asked for more time to review the 33-box case file and a 1,400-page offense report.
The judge expressed concerns about the delay, saying she warned prosecutors a year ago that she works fast.
The defense argued against the continuance, saying that two witnesses have died and other witnesses have retired.
Temple’s attorney also argued for a motion he filed that seeks dismissal of the charges. The motion claims double jeopardy applies and Temple’s right to a speedy trial has been denied. The judge told the defense that the motion was “very creative.” Prosecutors said they want time to respond to the motion.
Ultimately, the judge granted the prosecution's continuance request. She reset the target date for Temple's new trial from next month to Feb. 4, 2019.
The next hearing in the case was scheduled for June 28.
Temple has maintained his innocence.