HOUSTON – After being twice convicted of killing his wife 20 years ago, David Temple was granted bail by a judge Friday while he awaits the new sentencing phase of his trial.
On Aug. 6, a jury found Temple guilty of murder for the shooting death of his wife at their Katy home in 1999 for the second time.
That same jury was not able to come to an agreement on his punishment, so the judge declared a mistrial in the sentencing phase.
On Friday, Temple’s case went before a judge again for a bail hearing. The judge said Temple is entitled to bail under the law.
Temple’s attorneys asked for $30,000 bail, but prosecutors argued that the bail should reflect his conviction.
Ultimately, the judge set Temple's bail at $1 million.
Temple's attorney said it is "impossible" for his family to post that bail.
Victims advocate Andy Kahan has worked with Belinda Temple’s family since her murder more than 20 years ago, and on Friday, he brought 100 letters urging the judge to keep Temple behind bars.
Kahan was hoping that there would be no bail.
"That was our ultimate goal, but we are certainly satisfied with what I would say is (one of) the highest bonds in Harris County history,” Kahan said. "Whether or not team Temple will come up with $100,000 remains to be seen."
It’s a question that Temple's attorney is also unsure of. When defense attorney Stanley Schneider was asked if his client would be able to post bail he said, "No."
“No, that’s not going to happen. We will appeal that ruling to the court of appeals,” Schneider said.
Bail bondsman John Burns said that the bail is a lofty number for several reasons.
“It is a difficult bond because, in our business, we don’t look at the fees. So it's not whether or not the family could raise a $100,000, the issue is going to be the collateral. Does the family have the ability to collateralize a $1 million bond?” Burns said.
For Belinda Temple's family and supporters, none of those questions matter.
“The bottom line is David Temple, like it or not, can still breathe and Belinda is still in the ground, and two juries saw fit to convict him 12 years apart,” Kahan said.
If he posts bail, Temple could be free until his new sentencing hearing, scheduled to take place early next year.