HOUSTON - The man who has been twice convicted of killing his wife 20 years ago has a bond hearing scheduled for next week as he awaits a new sentencing phase.
Earlier this month, a jury found David Temple guilty of murder in the slaying of his pregnant wife, Belinda Temple, at the couple’s Katy home in January 1999.
That same jury couldn’t come to an agreement on David Temple’s punishment, which resulted in a mistrial for the sentencing phase.
David Temple has been held in jail ever since his conviction, but his attorneys have asked for their client to be released on bond while he awaits the new penalty phase to begin sometime next year.
On Monday, a judge scheduled his bond hearing for Aug. 30.
“He's in his 50s. He pretty much knows that his life, for all intents and purposes, is over and done with,” said Houston Crimestoppers’ Andy Kahan. “We're hoping the judge sets an astronomically high bond.”
Kahan said he’s hearing the same sentiment from several members of the community. Kahan said he is encouraging people to write him with their concerns, so he, in turn, can pass those concerns on to prosecutors handling the case.
“I've heard from so many members, particularly the community of Katy, that have reached out to me asking, ‘What can we do?’” Kahan said. “The community should have a say in whether a two-time convicted murderer does get released on bond.”
KPRC2 Legal Analyst Brian Wice said introducing community input during a formal bond hearing is easier said than done.
“The rules of criminal procedure say not just any evidence is admissible,” Wice said. “The rules provide that any evidence in any proceeding has got to be tested in the crucible of confrontation, cross-examination to determine whether or not it's credible, reliable, relevant and material.”
Kahan said he is undeterred in doing whatever he can to push for as high a bond as possible.
“Grief is intensified when justice is lacking and certainly right now justice is still lacking,” Kahan said.
Wice contends the current situation is highly unusual in state court. Typically, the punishment phase of the trial begins almost immediately after conviction so the bond is rarely an issue.
“No one is going to make a new bond for what may seem a matter of hours or a day or two of freedom,” Wice said.
Temple’s attorney, Stanley Schneider, pointed out to KPRC his client has been on bond twice before; once when he was originally charged with his wife’s murder and again when that conviction was overturned. Schneider said during both those times Temple showed up for all court appearances and there were never any reported violations of the conditions of his bonds.
David Temple was originally convicted of killing his wife in 2007, but that conviction was overturned on the grounds of prosecutorial misconduct. He was released from prison in 2016 while he awaited his retrial.
While the second conviction stands, a new jury will have to be assembled to determine David Temple’s punishment.
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