HOUSTON – A judge on Wednesday denied a request by David Temple to be granted a third trial in connection with the murder of his wife two decades ago.
Temple, a former high school coach, was convicted for a second time during a trial last year in the 1999 slaying of his wife. The jury could not agree on a sentence, however, which resulted in the judge declaring a mistrial in the sentencing phase.
The mistrial of the sentencing phase means a new jury will have to be assembled to consider Temple’s sentence. Jury selection for the new sentencing phase is scheduled to begin March 26.
Temple’s attorneys filed a motion last week asking the judge to toss out the second conviction altogether and conduct a completely new trial. The judge denied that request Wednesday. The judge also denied a change-of-venue request by the state.
Temple has maintained his innocence.