Special prosecutor named in David Temple case

HOUSTON – A man once convicted of murdering his pregnant wife in 1999 was back in court Friday.

More than a decade later, a judge granted David Temple a retrial on the grounds that important evidence was withheld in his trial. He was released from jail in December.

David Temple walked into court silently Friday.

During the proceeding, Texas' attorney general was named as the special prosecutor in the case. As a result, all evidence is being transferred to the state. The state will then determine if Temple's case will be retired.

Harris County prosecutors recused themselves back in May. An investigator from the original trial is now part of the district attorney's office.

"The discovery materials are being transferred even as we speak from the district attorney's office here in Harris County, the Attorney General's Office. It was massive project," said Trial Bureau Chief DA David Mitcham. "My understanding is that there was 33 bankers boxes, at least, of documentation that had to be properly conveyed to the attorney general."

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