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Speaker 1: Crime Stories with Nancy Grace Friday Night Lights. It usually

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Speaker 1: refers to high school football games that happen on Friday

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Speaker 1: nights and all the excitements surrounding that, But in this

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Speaker 1: case it means murder. Murder committed by the local football

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Speaker 1: coach the star after twenty plus long years, no justice

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Speaker 1: for a pregnant mom, Belinda Temple, who ran through her

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Speaker 1: home seeking cover. The pregnant mom hides in a closet.

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Speaker 1: But what burglar would stalk the house, find the pregnant

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Speaker 1: mom and gun her down in the closet. Most burglars

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Speaker 1: would just leave. I mean, see, Grace, this is Crime Stories.

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Speaker 1: Thank you for being with us here at Fox Nation.

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Speaker 1: In series Sex sem one eleven in the Last Days,

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Speaker 1: the beloved and highly popular high school football coach David

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Speaker 1: Temple is found guilty again. A Texas man now twice

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Speaker 1: convicted of murdering his pregnant high school sweetheart, was dangerously

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Speaker 1: close to walking free and a bizarre trial loaded with deceit, sex, adultery,

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Speaker 1: and believe it or not, one of my favorite stars,

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Speaker 1: Renee Zelwiger. It's all about a beautiful young mom, Belinda Temple,

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Speaker 1: who marries her high school football star boyfriend David Temple,

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Speaker 1: local high school football star marriage your leader girlfriend Belinda.

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Speaker 1: The two seem to have a perfect relationship until Temple

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Speaker 1: comes home and reports his wife was shot dead, her

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Speaker 1: body found in the closet.

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Speaker 2: Well.

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Speaker 1: Shortly after that, rumors flew and it turns out that

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Speaker 1: he was definitely having at least one affair with a mistress, Heather.

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Speaker 1: How predictable. It was such a close call that David

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Speaker 1: Temple nearly walked. What happened.

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Speaker 3: Parris County for our ambulance.

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Speaker 4: Somebody's broken into my mind and my wife's.

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Speaker 3: Shot down the life of the ambulance. Sir, we have

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Speaker 3: a shooting victim. Go ahead there.

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Speaker 4: Well, I just walked in my wife. I've been shot.

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Speaker 4: It's got blood everywhere.

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Speaker 3: Okay, sir.

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Speaker 5: Is she breathing?

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Speaker 4: Her brain is on the floor. I think she's already

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Speaker 4: did she's eight much brains?

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Speaker 3: Okay, sweet, just stay on the phone with me. Okay, sir,

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Speaker 3: is there any way that you can kneel down next

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Speaker 3: to her and see if she is breathing?

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Speaker 6: Sure?

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Speaker 4: Sure she's dead.

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Speaker 3: Okay. Let me get them over there. Okay, have him

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Speaker 3: check her out. When was the last time you saw her.

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Speaker 4: Oh, it's been shovel several hours.

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Speaker 3: Yes, you say, half of her brain is on the floor.

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Speaker 4: She's got part over the port of second until she's

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Speaker 4: done in the corner.

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Speaker 3: Okay, so she's eight months.

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Speaker 4: Yes.

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Speaker 3: Have you felt for her.

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Speaker 4: To have a pulse, Yes, she doesn't have one.

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Speaker 3: We got a baby though, right right? Okay, okay, but

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Speaker 3: I don't have to do CPR, yes, okay, I want

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Speaker 3: you to do CPR for that baby.

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Speaker 4: Okay, okay, yes.

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Speaker 3: Let's do. Are you doing CPR for me? She's gone, Okay, well,

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Speaker 3: let's see if we teach her okay for the baby.

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Speaker 3: Is there any way that.

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Speaker 4: You can do this? This is just no way. She's

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Speaker 4: got her brain and bloody is covered on the floor.

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Speaker 4: I got a policeman that's pulled up.

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Speaker 7: I got an ambulance that a paramedic to get ready

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Speaker 7: to come into You are hearing the actual nine to

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Speaker 7: one one call when popular football coach David Temple says

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Speaker 7: he finds his.

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Speaker 1: Wife dead on the floor. This is a saga that

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Speaker 1: started back in the nineties when Temple was first suspected

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Speaker 1: of shooting his pregnant wife. Joining me Right Now, Crime

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Speaker 1: online dot Com investigative reporter Dave mac Dave. Let's just

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Speaker 1: start at the beginning. Where does the husband, the football coach,

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Speaker 1: David Temple, say he was when his pregnant wife, Belinda

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Speaker 1: was murdered.

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Speaker 8: Out running errands with their three and a half year

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Speaker 8: old son, Evan, a child who Bible Bay was so

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Speaker 8: sick at school earlier that day he was sent home

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Speaker 8: from daycare earlier, but was out with his dad seen

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Speaker 8: on camera during the time that this murder took place.

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Speaker 1: Where did they say they went?

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Speaker 8: They went to a place to get a drink. They

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Speaker 8: went to a home depot.

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Speaker 1: Wait wait, wait, wait, what do you mean a place

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Speaker 1: to get a drink? A bar?

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Speaker 2: No, No like ya soda, you know, just an icy

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Speaker 2: or something.

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Speaker 1: First of all, David Temple, the football coach, husband, tells

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Speaker 1: deputies that he and his three year old son went

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Speaker 1: to a park. This is after he's been brought home

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Speaker 1: sick from school, a grocery store, and a home depot

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Speaker 1: before arriving back to his Katie area home to find

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Speaker 1: his wife shot dead in an apparent burglary. That is

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Speaker 1: what he first said, But now I'm understanding that his

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Speaker 1: alibi has differed in various police interviews. What do we

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Speaker 1: know about that, Dave.

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Speaker 8: Mac We know that the timeline tends to shift around

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Speaker 8: based on what David Temple describes that took place. He again,

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Speaker 8: you've got his wife, Melinda is eight months pregnant. Well,

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Speaker 8: his son, Evan, three and a half years old, comes

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Speaker 8: home from daycare sick. David Temple was a coach and

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Speaker 8: high school teacher. His wife was a special needs teacher

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Speaker 8: at a junior high school. And so the reason that's important,

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Speaker 8: Evan the child comes home from daycare early. David, the

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Speaker 8: coach teacher, has to come home from school to take

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Speaker 8: care of sick Evan. Meanwhile, eight months pregnant Melinda, of

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Speaker 8: the wife, she too comes home from school and she's

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Speaker 8: not feeling well. So at four o'clock that afternoon, she

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Speaker 8: retires to bed to lay down.

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Speaker 2: Eight months pregnant.

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Speaker 1: Hold on, let me get that four o'clock in the

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Speaker 1: afternoon she lays down, right now, how do we know that.

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Speaker 8: We know that based on the time that she left

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Speaker 8: from school and her normal routine in getting.

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Speaker 2: Home, that it would be around four o'clock.

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Speaker 8: And then we actually have to believe David Temple and

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Speaker 8: some of this as well, But in particular, we contract

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Speaker 8: just her regular movements and the time that she left

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Speaker 8: school and the time that she would have gotten home.

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Speaker 8: Got it that that fits that she would actually be

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Speaker 8: home by four o'clock and in bed listen to this.

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Speaker 9: Belinda's parents, Tom and Carol Lucas suspected David after they

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Speaker 9: learned he had betrayed their daughter. Lucases did all they

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Speaker 9: could to keep the case alive. They paid for a

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Speaker 9: billboard next to a busy highway, and they took television

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Speaker 9: crews to their daughter's gray But nothing changed until November

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Speaker 9: two thousand and four, more than five years after the murder,

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Speaker 9: when a case in California fought the nation's attention.

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Speaker 10: He is charged with killing his wife Lacy.

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Speaker 11: Guilty of the crime of murder.

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Speaker 12: Scott Peterson was convicted of killing his pregnant wife Lacey.

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Speaker 12: Lucases saw parallels to their case and contacted the prosecutors

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Speaker 12: once again. This time, the case landed on the desk

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Speaker 12: of one of the toughest DA's in the nation.

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Speaker 13: I got it under control. I know what I'm doing.

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Speaker 13: I believe that David Temple was guilty.

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Speaker 12: With the record of high profile one two.

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Speaker 9: High energy three four and highly dramatic prosecutions.

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Speaker 1: You're hearing our friends at CBS forty eight hours. I

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Speaker 1: remember distinctly when Belinda's died, just heartbroken. Can you even

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Speaker 1: imagine Tom Lucas was begging for my help after David

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Speaker 1: Temple was first released. I'll never forget it.

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Speaker 14: Listen, my daughter, Belinda Lucas Temple, who was eight months pregnant,

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Speaker 14: was murdered by her husband, David Temple, in the Houston

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Speaker 14: area of Texas, and nine years went by before we

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Speaker 14: finally got him put in prison. Now, then he's served

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Speaker 14: some time and he's been let out on a bond

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Speaker 14: to possibly get a new trial or possibly just turn loose.

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Speaker 14: This is wrong. There's somebody apparently been bought off or something.

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Speaker 14: I hope that Nancy and y' all can look into

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Speaker 14: it and maybe do something to help. I need lots

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Speaker 14: of help for you know, if possible. She's the wife.

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Speaker 14: She's deceased now. It is the stress from that all

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Speaker 14: of this has caused her. I have a heart attack

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Speaker 14: and by we were guests on Nancy's very first show.

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Speaker 14: We talked about this murdered and his family was also

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Speaker 14: on the part of the show. I hope that you'all

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Speaker 14: can help me. Help me. It's so terrible to my

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Speaker 14: daughter who was she was eight months pregnant. She was

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Speaker 14: executed shut the back of the head with a shotgun,

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Speaker 14: loan of brains all over the closet. Now then he's

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Speaker 14: been let out of prison to for possible new trial,

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Speaker 14: and what is being done is injustice. They'd let him

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Speaker 14: out and let's say they let him out on bond.

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Speaker 14: He's waiting for a new trial. They're trying to decide

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Speaker 14: whether they'll have a new trial or just turn him loose.

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Speaker 14: This is not right. I would like to have this

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Speaker 14: story if you could update it and put it on

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Speaker 14: you know, it would be appreciated. It has been very

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Speaker 14: difficult time over the last eighteen years.

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Speaker 1: To Jason Ocean's veteran defense attorney. We know that the husband,

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Speaker 1: David Temple, was tried, his first conviction was overturned and

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Speaker 1: he was granted a retrial.

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Speaker 15: Why I got a retrial a nancy because of prosecutorial

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Speaker 15: and misconduct.

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Speaker 14: There were you know, that's a tough.

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Speaker 15: Charge for a judge to overturn defense motion on that

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Speaker 15: and subsequent to conviction, and the prosecutor themselves the District

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Speaker 15: attorney's office is being investigated for improprieties in the original trial,

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Speaker 15: and the judge judge granted a second trial.

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Speaker 1: This is what I don't understand to Dave Mack when

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Speaker 1: he says prosecutorial misconduct, What exactly are we talking about?

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Speaker 8: Thirty six instances of prosecutorial misconduct, which actually it means

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Speaker 8: they didn't turn over evidence of what's called exculpatory evidence

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Speaker 8: to the defense, either in a timely manner or at all.

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Speaker 1: Fox Nation for being our partner Crime Stories with Nancy Grace.

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Speaker 1: If you'll recall, no arrests were made following the execution

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Speaker 1: style murder of Belinda, but David Temple went on to

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Speaker 1: marry his mistress and start a new life. That is

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Speaker 1: until advancements in DNA testing allowed investigators to take a

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Speaker 1: second look at the murder trial. Now, get this, The

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Speaker 1: jury that convicted David Temple, the football coach, for the

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Speaker 1: second time after his first trial, could not agree on

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Speaker 1: a sentence after all that, as a result, a mistrial

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Speaker 1: was declared. Now when that happens, the conviction, the guilty

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Speaker 1: verdict still stands, but a different jury had to be

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Speaker 1: seated to determine the sentence. Gosh prosecutors decided to seek

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Speaker 1: a life prison term now After his first jury trial

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Speaker 1: back in two thousand and seven, his conviction was suddenly

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Speaker 1: reversed five years later. That was the result of Temple's

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Speaker 1: defense lawyer getting a tip from a man who claimed

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Speaker 1: a sixteen year old neighbor may have been part of

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Speaker 1: Belinda's murder. There were claims the state withheld evidence regarding

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Speaker 1: that neighbor from the defense. A Texas Court of Criminal

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Speaker 1: appeals throughout the first conviction, and he was awarded a

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Speaker 1: second trial. At the beginning of that second trial, the

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Speaker 1: former mistress turned wife, Heather, filed for divorce, and during

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Speaker 1: that second trial, is so called neighbor swore he had

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Speaker 1: nothing to do with killing Belinda. Once again, Temple found

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Speaker 1: guilty for a second time. The facts and the details

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Speaker 1: of the case are heartbreaking.

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Speaker 11: She got home about four o'clock. We just said I

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Speaker 11: would take Heaven out and run around.

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Speaker 9: We stopped at Bircher brothers used to get a drink.

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Speaker 11: We stopped, got two drinks, and I picked up a

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Speaker 11: bag of cat food. While we were in there getting

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Speaker 11: the drinks, and then we decided to go to home depot.

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Speaker 11: We'd have time to do that and make it home

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Speaker 11: and time to take blend a deep dinner.

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Speaker 4: He fooled into the garage.

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Speaker 11: You got my son out and started to walk towards

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Speaker 11: the back door, and I could see that the back

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Speaker 11: door is open and it's cracked with class.

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Speaker 4: And he took my son across the.

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Speaker 11: Street and bang on my friend's house and handing them

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Speaker 11: having and asked if they were.

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Speaker 1: Calling nine one one on somebody has broken into my

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Speaker 1: neighbor town and then ran back across the street now

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Speaker 1: and then through.

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Speaker 4: The gate and into my house.

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Speaker 3: From taking him upstairs.

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Speaker 4: So heard in our cause.

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Speaker 11: Their knees up underneath their stomach.

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Speaker 1: And you protect her.

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Speaker 16: Hey, me.

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Speaker 11: Gove across the bed, and you got the phone to

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Speaker 11: call nine one one.

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Speaker 1: You're hearing our friends at CBS forty eight hours and

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Speaker 1: David Temple himself describing finding his wife's body. Listen to

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Speaker 1: this development.

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Speaker 9: On November twenty ninth, two thousand and four, nearly six

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Speaker 9: years after his wife was killed, David Temple was arrested and.

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Speaker 4: Tried myself home for school.

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Speaker 11: Think I did every day and off, pull me over,

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Speaker 11: handcuff me and put me immediately in the back of

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Speaker 11: a detective car.

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Speaker 9: And one of the detectives in that car was Dean Holtke.

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Speaker 17: You know what this is about, right, And he says, no,

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Speaker 17: what I said, Belinda, He's like, you gotta be kidney man.

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Speaker 9: That was like six years ago. I never thought that

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Speaker 9: would be arrested.

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Speaker 14: Ever.

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Speaker 12: Temple says he's a devoted family man, despite marrying his

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Speaker 12: mistress after his wife was murdered.

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Speaker 9: I have to ask you, did you did you kill her?

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Speaker 3: Of course marry Christmas.

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Speaker 11: You cannot be a good father to one shop and

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Speaker 11: take a life of another one.

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Speaker 1: To me, that is impossible. Now take a listen to

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Speaker 1: our friends at CBS forty eight hours as they describe

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Speaker 1: why David Temple is released.

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Speaker 12: In twenty twelve, Temple's appellet attorneys Casey Gotrou and Stanley

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Speaker 12: Schneider finally saw the complete police report, and they say

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Speaker 12: it contained critical evidence never seen before by the defense.

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Speaker 1: On my left is the complete investigative report.

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Speaker 4: This was never seen. This is what was suppressed.

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Speaker 3: Self was hiding.

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Speaker 12: In a split decision, the Texas Court of Criminal Appeals

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Speaker 12: found Temple did not get a fair trial, and he

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Speaker 12: was released in late December.

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Speaker 1: Take a listen to our friends at forty eight hours

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Speaker 1: and the former Harris County prosecutor, So, what did you.

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Speaker 18: Have against him?

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Speaker 13: A story that he told that never made any sense?

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Speaker 4: What didn't make any sense about it?

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Speaker 13: The story was, according to David Temple, at the very

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Speaker 13: time he was out with his six son running errands

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Speaker 13: that didn't need to be run, a random burglar just

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Speaker 13: happened to break into his house and shoots Belinda Temple

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Speaker 13: in the back of the head when she's eight months pregnant,

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Speaker 13: while David Temple is having an affair with the woman

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Speaker 13: he was madly in love with.

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Speaker 4: She believes.

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Speaker 9: Belinda Temple was killed around four pm, about a half

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Speaker 9: hour before David was seen by those surveillance cameras at

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Speaker 9: the stores. Once Belinda was dead, Temple went right to

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Speaker 9: work and cockeding his alibi.

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Speaker 13: David Temple made a sweep through the house and made

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Speaker 13: an attempt to make the house look like it had

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Speaker 13: been burglarized. He broke the glass in the back door,

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Speaker 13: and then he took Evan to try and get himself

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Speaker 13: on videotape to alibey himself as quickly as he could.

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Speaker 1: Wow. Wow, you're hearing the then Harris County prosecutor. Take

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Speaker 1: a listen as I confront the then defense attorney, Dick Degaron,

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Speaker 1: Dick de Garon buckle up. Was their insurance money?

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Speaker 19: Yeah, there was insurance. It all went Almost all went

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Speaker 19: to Evan, the.

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Speaker 2: Young boy.

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Speaker 20: Really, because I heard only sixty thousand of the two

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Speaker 20: hundred thousand went to a trust and that was after

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Speaker 20: twisting somebody's arm.

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Speaker 19: No, that's not right. The Temple family and David sought

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Speaker 19: to have it put into trust, and part of it

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Speaker 19: went to the original attorney in the case. But that's

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Speaker 19: because from the very beginning the police were falsely accusing David.

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Speaker 20: Well, he just got arrested a couple of months ago,

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Speaker 20: so why did he need a defense lawyer there at

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Speaker 20: the house the night.

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Speaker 1: Before the funeral?

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Speaker 20: He lawyered up pretty fastic.

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Speaker 19: Well, sure it did, because they were accusing him from

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Speaker 19: the beginning, and they were accusing him only because they

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Speaker 19: say that when a wife has murdered, the husband is

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Speaker 19: always a suspect. They didn't have any evidence.

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Speaker 20: Then what about the gunshot powder?

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Speaker 19: They don't have any evidence now? I don't believe that stuff,

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Speaker 19: Nancy in the first place. They won't give it to us.

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Speaker 4: It won't.

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Speaker 1: I got the arrest affidavit right here.

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Speaker 19: Yeah, you've got the affidavit, but you don't have the test. Well,

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Speaker 19: we've been asking for the test. We filed emotion asking

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Speaker 19: that they give us the test. Let us independently test it.

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Speaker 19: It came from their test, came from a questionable source,

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Speaker 19: the FBIO.

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Speaker 20: You're going to say cross contamination because they haven't heard

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Speaker 20: that since Cochrane.

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Speaker 1: Said it in the AJ Simpson. Try take a listen

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Speaker 1: to what Belinda's parents tell me on hl N.

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Speaker 20: When was the first time you saw David Temple after

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Speaker 20: you learn Belinda had been murdered.

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Speaker 17: I saw David Temple at the funeral home the night

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Speaker 17: before the funeral.

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Speaker 18: Now that strikes me as very unusual that you that

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Speaker 18: he didn't come to you, or didn't did he call you? Maybe?

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Speaker 21: No?

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Speaker 1: Nothing?

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Speaker 18: How did he.

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Speaker 1: Act at the funeral?

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Speaker 21: Missus Lucas, just like any other day of the week,

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Speaker 21: I'd say, didn't seem to be sad or anything?

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Speaker 5: What was he like it?

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Speaker 4: No?

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Speaker 14: Sheare?

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Speaker 17: No tears were shed, not a tear. I never saw

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Speaker 17: tears shed David Temple has never looked us in the

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Speaker 17: eye since our daughter was married.

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Speaker 18: Excuse me, never has looked to you in the eye.

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Speaker 20: No, do you think Belinda knew he was having an

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Speaker 20: affair during the marriage.

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Speaker 17: I think she had become aware of it.

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Speaker 18: Do you think that is what led to her death?

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Speaker 17: I feel that that could have been part of the reason.

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Speaker 18: When you look at all the facts, do you think

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Speaker 18: David Temple murdered your daughter?

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Speaker 17: After looking into all the facts and reading what I've read,

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Speaker 17: I believe David Temple killed him.

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Speaker 1: I remember, after all this time has passed following Belinda's

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Speaker 1: execution style murder, an eight month pregnant woman, I was

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Speaker 1: giving a speech, I believe it was in Port Huron,

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Speaker 1: and I kept thinking that a woman there looked familiar

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Speaker 1: to me, and I didn't know why. She came up

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Speaker 1: to me after my speech. It was Belinda's sister, and

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Speaker 1: she broke down in tears. This was about over a

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Speaker 1: year ago, and I asked her did she want to

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Speaker 1: come on and talk about what was happening and focus

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Speaker 1: attention back on her sister's death, And she said, I

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Speaker 1: just don't want to hurt the trial. So we agreed

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Speaker 1: to stay silent. Now in the last hours, a stunning

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Speaker 1: break in the case Crime Stories with Nancy Grace. It

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Speaker 1: took twenty plus years, but finally there is a conviction

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Speaker 1: and a sentence for the highly popular high school football

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Speaker 1: coach David Temple, now convicted of murdering his pregnant wife.

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Speaker 1: What about the theory this was a botched robbery, Dave

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Speaker 1: Matt What if anything was taken?

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Speaker 8: There was absolutely nothing taken in it looked like a

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Speaker 8: stage crime scene.

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Speaker 1: Nancy, why do you say that?

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Speaker 2: Okay, there was a tea well.

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Speaker 8: First of all, the glass door, the door from the

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Speaker 8: garage end of the entryway. The glass was broken out,

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Speaker 8: but the glass wasn't broken like straight in.

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Speaker 2: But when they actually were doing the reenactment, they had

401
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Speaker 2: to open the door and then.

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Speaker 8: Break the glass for the glass to actually show up

403
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Speaker 8: on the floor where they found it. On top of that,

404
00:24:03,840 --> 00:24:06,240
Speaker 8: a TV was pulled off of a TV stand, but

405
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Speaker 8: it wasn't even unplugged, So if you're going to steal

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Speaker 8: a TV, you'd actually unhooked the cable and unplug it

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Speaker 8: from the wall. There was jewelry his you know, he

408
00:24:14,240 --> 00:24:16,440
Speaker 8: was a high school football hero and there's this big,

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Speaker 8: gaudy gold ring and a watch that was sitting right

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Speaker 8: there in the open and wasn't disturbed at all. So

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Speaker 8: if it was a robbery, those have been the first things,

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Speaker 8: you know, they would have stashed the gold lubit in

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Speaker 8: somebody's pockets. The TV would have not just been unplugged,

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Speaker 8: but it would have had the cable lee to cut

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Speaker 8: it undone, and the glass wouldn't have shown up, you know, twenty.

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Speaker 2: Feet away in the living room. It would have been

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Speaker 2: in the door in.

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Speaker 1: The entryway, and nothing was taken.

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Speaker 2: Nothing was taken.

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Speaker 1: We also know that Temple's defense team has long claimed

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Speaker 1: one ubble end as teenage student Riley j Sanders was responsible.

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Speaker 1: Dave Matt what about that?

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Speaker 8: You know, there is some suspicion about Riley Joe Sanders.

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Speaker 8: He was a sixteen year old student who had lived

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Speaker 8: near the Temples Blinda. Actually had told his parents that

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Speaker 8: he was missing a lot of school he didn't particularly

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Speaker 8: care for, and he lied to police about his whereaboats

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Speaker 8: on the day.

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Speaker 2: Of the murder.

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Speaker 1: Well, what did he tell police?

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Speaker 8: He told police that he was at school all day,

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Speaker 8: and it turned out that he actually wasn't at school.

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Speaker 2: He was actually at home smoking pot.

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Speaker 1: How could they confirm.

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00:25:20,600 --> 00:25:22,840
Speaker 8: That that's what he actually told them?

436
00:25:22,920 --> 00:25:24,119
Speaker 1: So can they confirm it or no?

437
00:25:25,000 --> 00:25:27,000
Speaker 8: While they can only confirm the fact that the guy

438
00:25:27,720 --> 00:25:30,440
Speaker 8: told them he was at home smoking pot, but they

439
00:25:30,480 --> 00:25:32,280
Speaker 8: actually hooked him up to a polygraph and he failed

440
00:25:32,320 --> 00:25:33,560
Speaker 8: three different polygraph tests.

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Speaker 1: I could understand why he lied about not being in school. Yeah,

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Speaker 1: I mean to me, that makes sense. But what would

443
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Speaker 1: the he didn't steal anything, what would a potential motive

444
00:25:43,720 --> 00:25:44,120
Speaker 1: have been?

445
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Speaker 8: Dave Mack, Well, that was the whole point that he

446
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Speaker 8: was mad at Belinda because she told his parents that

447
00:25:50,480 --> 00:25:52,760
Speaker 8: he was missing a lot of school. That's the whole

448
00:25:52,880 --> 00:25:56,000
Speaker 8: grudge that they say led to him staging a robbery

449
00:25:56,040 --> 00:25:57,400
Speaker 8: and murdering her with a shotgun.

450
00:25:57,520 --> 00:26:00,520
Speaker 1: Wow, Okay, that doesn't make sense to me. Ask you

451
00:26:00,680 --> 00:26:06,800
Speaker 1: another question with that evidence, Dave Mack, regarding the student

452
00:26:06,880 --> 00:26:09,200
Speaker 1: Riley Joe Sanders, why did they elect to go out

453
00:26:09,240 --> 00:26:09,760
Speaker 1: on tim.

454
00:26:09,560 --> 00:26:11,760
Speaker 2: Because they actually didn't believe.

455
00:26:11,480 --> 00:26:16,800
Speaker 8: That Riley Joe Sanders was a viable, you know, suspect.

456
00:26:17,200 --> 00:26:20,560
Speaker 8: They just didn't believe that he did it. The prosecutor

457
00:26:20,600 --> 00:26:23,320
Speaker 8: here just did not believe she actually said. They believed

458
00:26:23,359 --> 00:26:25,720
Speaker 8: his story of sitting home smoking pot. I didn't believe

459
00:26:25,760 --> 00:26:27,320
Speaker 8: he was a murderer. They didn't believe he was out

460
00:26:27,800 --> 00:26:30,600
Speaker 8: to get Belinda at all. They just did not believe

461
00:26:30,600 --> 00:26:31,760
Speaker 8: that he was the suspect.

462
00:26:31,840 --> 00:26:36,200
Speaker 1: Wow, okay, what about the bullets to Karen Smith, forensic expert,

463
00:26:36,560 --> 00:26:40,280
Speaker 1: Beer Bud's consulting founder, what do we know about ballistics.

464
00:26:39,800 --> 00:26:42,359
Speaker 5: At this point? It's the shotgun, Nancy, So they're talking

465
00:26:42,359 --> 00:26:45,639
Speaker 5: about pellets and wadding. There was no shotgun shell found

466
00:26:45,640 --> 00:26:48,359
Speaker 5: at the scene, which means the gun was either unracked

467
00:26:48,680 --> 00:26:51,280
Speaker 5: or somebody collected it and left with it. So they're

468
00:26:51,359 --> 00:26:54,200
Speaker 5: left with very scant evidence. But it was double lot buckshot,

469
00:26:54,240 --> 00:26:57,760
Speaker 5: which is so common. It's just small pellets inside of

470
00:26:57,600 --> 00:27:01,359
Speaker 5: a shotgun shell that dispersed once the gun is fired.

471
00:27:01,680 --> 00:27:04,600
Speaker 5: That's what was used. At this point, I'm really curious

472
00:27:04,600 --> 00:27:07,119
Speaker 5: about the gunshot residue you mentioned with Vic de Garret.

473
00:27:07,119 --> 00:27:11,000
Speaker 5: What happened, what tests did they do, and where did

474
00:27:11,040 --> 00:27:11,600
Speaker 5: it come from.

475
00:27:11,640 --> 00:27:14,919
Speaker 1: There's also the issue of the dog. What about that

476
00:27:15,000 --> 00:27:15,800
Speaker 1: Dave mac oh.

477
00:27:15,920 --> 00:27:18,879
Speaker 8: The Temples had that dog who was just vicious to

478
00:27:19,200 --> 00:27:22,320
Speaker 8: everyone except for the Temples. As a matter of fact,

479
00:27:22,640 --> 00:27:25,760
Speaker 8: when David Temple went across the street and gave evan

480
00:27:26,240 --> 00:27:28,159
Speaker 8: to the neighbors and said, hey, somebody broke into my

481
00:27:28,200 --> 00:27:29,200
Speaker 8: house called nine one one.

482
00:27:29,560 --> 00:27:31,359
Speaker 2: The man of the house, I think his name was Robert.

483
00:27:31,400 --> 00:27:34,840
Speaker 8: He followed David Temple across the yard into the house.

484
00:27:35,040 --> 00:27:37,800
Speaker 8: He was trailing about twenty yards behind David Temple goes

485
00:27:37,800 --> 00:27:42,320
Speaker 8: in the house. The dog was so vicious that this neighbor, Robert,

486
00:27:42,680 --> 00:27:44,960
Speaker 8: was not allowed entry into the home by that guard dog.

487
00:27:45,080 --> 00:27:47,600
Speaker 8: On top of that, when police arrived not long after

488
00:27:47,600 --> 00:27:50,520
Speaker 8: the nine to one one call, they too were prevented

489
00:27:50,560 --> 00:27:52,960
Speaker 8: from going into the house by that guard dog, to

490
00:27:53,000 --> 00:27:55,560
Speaker 8: the point where they had pulled their service revolvers and

491
00:27:55,600 --> 00:27:58,320
Speaker 8: were prepared to shoot the dog when David came out

492
00:27:58,359 --> 00:28:01,640
Speaker 8: and called the dog down. This dog wouldn't have allowed

493
00:28:01,760 --> 00:28:03,000
Speaker 8: anybody in that.

494
00:28:02,960 --> 00:28:04,480
Speaker 1: House except the killer.

495
00:28:04,720 --> 00:28:06,760
Speaker 2: Except the killer in this case, David Temple.

496
00:28:06,840 --> 00:28:09,200
Speaker 8: Yes, he wouldn't allow anybody who didn't know in that house.

497
00:28:09,200 --> 00:28:12,000
Speaker 8: He would only allow somebody that he actually knew. We're

498
00:28:12,000 --> 00:28:14,560
Speaker 8: talking David or Belinda. Those the only two people that

499
00:28:14,560 --> 00:28:15,880
Speaker 8: would have got past that dog day.

500
00:28:15,880 --> 00:28:18,480
Speaker 1: Freg do you know anything about the gunshot residue issue?

501
00:28:18,720 --> 00:28:20,320
Speaker 2: I know that you know.

502
00:28:20,800 --> 00:28:23,960
Speaker 8: I actually heard this argument for the very first time, Nancy,

503
00:28:24,040 --> 00:28:26,920
Speaker 8: when you interviewed Dick Degarrian about it on TV, it

504
00:28:27,000 --> 00:28:27,360
Speaker 8: made me.

505
00:28:27,320 --> 00:28:29,120
Speaker 2: Look it up. It went to the FBI crime lab.

506
00:28:29,480 --> 00:28:33,960
Speaker 8: They tested David Temple's jacket and on that they found

507
00:28:34,000 --> 00:28:36,480
Speaker 8: gunshot residue on that jacket.

508
00:28:36,520 --> 00:28:38,920
Speaker 2: And that's what you guys were actually arguing about.

509
00:28:39,000 --> 00:28:42,120
Speaker 8: That was the evidence that Dupuscu desived to take to

510
00:28:42,240 --> 00:28:45,520
Speaker 8: the grand jury that they actually had physical evidence putting

511
00:28:45,600 --> 00:28:48,920
Speaker 8: David Temple in that closet with that shotgun at the

512
00:28:48,960 --> 00:28:49,719
Speaker 8: time of the murder.

513
00:28:49,800 --> 00:28:53,280
Speaker 1: And was that the jacket he was wearing the day

514
00:28:53,360 --> 00:28:53,680
Speaker 1: she was.

515
00:28:53,720 --> 00:28:56,080
Speaker 2: Murdered, according to what I saw.

516
00:28:56,200 --> 00:29:00,640
Speaker 1: Yes, wow, Wow, explain that. Break it down, Karen's that's

517
00:29:00,680 --> 00:29:01,160
Speaker 1: a big deal.

518
00:29:01,360 --> 00:29:03,960
Speaker 5: That's a huge deal. You're talking about a jacket sleeve

519
00:29:04,000 --> 00:29:08,520
Speaker 5: with gunshot residue on it. Listen, when gunshots happen, there's primer,

520
00:29:08,760 --> 00:29:11,920
Speaker 5: a primer that's what fires the projectile down the barrel.

521
00:29:12,160 --> 00:29:15,200
Speaker 5: When those primer particles are heated, they form small little

522
00:29:15,200 --> 00:29:18,440
Speaker 5: spheres of barian, lead and antimony. And those small little

523
00:29:18,440 --> 00:29:22,000
Speaker 5: spheres are the gunshot residue that FBI analysts and ballistics

524
00:29:22,000 --> 00:29:25,600
Speaker 5: analysts look at under a microscope. That are telltale signs

525
00:29:25,640 --> 00:29:29,400
Speaker 5: of gunshot residue. If that was on his sleeve, I

526
00:29:29,440 --> 00:29:32,200
Speaker 5: would want a really good explanation of how it got there.

527
00:29:32,240 --> 00:29:37,600
Speaker 5: There are transfers that can happen between different secondary transfers

528
00:29:37,600 --> 00:29:39,959
Speaker 5: from the body, secondary transfer to other things. But if

529
00:29:39,960 --> 00:29:42,520
Speaker 5: it's on the sleeve of a jacket and there's a

530
00:29:42,560 --> 00:29:45,440
Speaker 5: lot of it there, that's an explanation that needs to

531
00:29:45,440 --> 00:29:45,800
Speaker 5: happen well.

532
00:29:45,840 --> 00:29:48,640
Speaker 1: To me, if there's any there, it's very significant because

533
00:29:48,640 --> 00:29:51,560
Speaker 1: gunshot residue can be wiped off like baby powder. If

534
00:29:51,560 --> 00:29:55,200
Speaker 1: he had gunshot residue on his sleeve of his jacket,

535
00:29:55,480 --> 00:29:58,480
Speaker 1: which would be there if you shot a shotgun, that

536
00:29:58,720 --> 00:30:02,360
Speaker 1: really places him within thirty six inches of a shotgun

537
00:30:02,920 --> 00:30:06,400
Speaker 1: that day. I think it's damning. In the last days,

538
00:30:06,440 --> 00:30:09,920
Speaker 1: the popular football coach David Temple has been sentenced to

539
00:30:10,000 --> 00:30:14,200
Speaker 1: life behind bars in the murder of his pregnant wife, Belinda,

540
00:30:15,800 --> 00:30:20,040
Speaker 1: a former Stephen F. Austin State University football star twice

541
00:30:20,320 --> 00:30:25,720
Speaker 1: convicted in the deadly shooting of Belinda Lucas Temple during

542
00:30:25,760 --> 00:30:31,840
Speaker 1: what cop say was a staged burglary over twenty four

543
00:30:32,120 --> 00:30:36,160
Speaker 1: years ago. Temple gets a life sentence after a two

544
00:30:36,200 --> 00:30:39,600
Speaker 1: week sentencing trial in Houston. When he was sentenced, he

545
00:30:39,600 --> 00:30:43,200
Speaker 1: stood there emotionless while the verdict was read. His face

546
00:30:43,280 --> 00:30:49,480
Speaker 1: appeared completely devoid of any feelings or emotion. Belinda Temple's father,

547
00:30:49,720 --> 00:30:55,280
Speaker 1: Tom Lucas, was overcome with emotion after hearing the sentencing

548
00:30:55,360 --> 00:30:59,840
Speaker 1: verdict had finally been reached. It's been twenty four years,

549
00:31:00,600 --> 00:31:03,120
Speaker 1: but I will never forget the facts of this case.

550
00:31:03,640 --> 00:31:09,000
Speaker 1: A mother of one little boy, vivacious, outgoing, beautiful home,

551
00:31:09,200 --> 00:31:12,960
Speaker 1: eight months pregnant with her second child, the family, beloved

552
00:31:12,960 --> 00:31:17,400
Speaker 1: by the whole community, the dad, the popular high school

553
00:31:17,640 --> 00:31:24,400
Speaker 1: football coach. And then she's found dead. This is a

554
00:31:24,480 --> 00:31:27,920
Speaker 1: saga that started back in the nineties when Temple was

555
00:31:27,960 --> 00:31:33,280
Speaker 1: first suspected of shooting his pregnant wife. What could possibly

556
00:31:33,840 --> 00:31:38,680
Speaker 1: be a motive? A hot coworker now Todave Mattcrime online

557
00:31:38,720 --> 00:31:41,760
Speaker 1: dot Com investigative reporter tell me about Heather.

558
00:31:42,200 --> 00:31:45,600
Speaker 8: David Temple was having an affair on Belinda. At the time,

559
00:31:45,640 --> 00:31:47,960
Speaker 8: they told police it was a casual affairs.

560
00:31:47,640 --> 00:31:52,160
Speaker 1: Way way wait wait wait stop stop stop stop stop. No,

561
00:31:52,360 --> 00:31:55,040
Speaker 1: there is no such thing as a casual sex affair.

562
00:31:55,320 --> 00:31:58,840
Speaker 1: When you are married, that ain't casual. I mean, is

563
00:31:58,840 --> 00:32:03,600
Speaker 1: it just me, I mean Karen Start psychologist Karenstart dot com.

564
00:32:04,080 --> 00:32:05,560
Speaker 1: He says it was just casual.

565
00:32:06,000 --> 00:32:06,320
Speaker 2: I ain't.

566
00:32:06,360 --> 00:32:10,120
Speaker 1: No sex. Affair is casual when you're married.

567
00:32:10,240 --> 00:32:11,120
Speaker 2: Not just married.

568
00:32:11,200 --> 00:32:16,800
Speaker 16: His wife is pregnant, so he's expecting another child, and

569
00:32:18,000 --> 00:32:21,719
Speaker 16: he's taking the risk of having an affair with another teacher.

570
00:32:22,360 --> 00:32:25,600
Speaker 16: So it and it's somebody whom he wound up marrying.

571
00:32:25,640 --> 00:32:29,080
Speaker 16: So there's nothing casual about this as fair Nancy.

572
00:32:29,400 --> 00:32:33,320
Speaker 1: Okay, let me back to you, Dave mac this so

573
00:32:33,400 --> 00:32:40,160
Speaker 1: called casual affair. Isn't it true that David Temple married

574
00:32:40,840 --> 00:32:45,320
Speaker 1: Heather and she became Heather Temple, which means anything they

575
00:32:45,360 --> 00:32:48,600
Speaker 1: had communicated to each other could not be testified to

576
00:32:49,160 --> 00:32:51,120
Speaker 1: at trial. Hold on, let me go to Jason Ocean's

577
00:32:51,160 --> 00:32:54,760
Speaker 1: on that. You're the defense lawyer, Jason the marital privileged

578
00:32:54,760 --> 00:32:58,840
Speaker 1: host and wife privilege the wife. Let's just say, in

579
00:32:58,880 --> 00:33:01,480
Speaker 1: this circumstance, she's not the one that claims the privilege

580
00:33:01,880 --> 00:33:05,239
Speaker 1: the wife, the ex wife. Heather Temple can get up

581
00:33:05,240 --> 00:33:08,560
Speaker 1: on the stand. Then David Temple invokes the privileges, says

582
00:33:08,600 --> 00:33:10,880
Speaker 1: she can't testify to that we were married.

583
00:33:10,560 --> 00:33:13,840
Speaker 15: To bowsl immunity, I mean one of the basic tenants

584
00:33:13,920 --> 00:33:20,000
Speaker 15: of protecting the sanctity the contract of marriage, so that

585
00:33:20,800 --> 00:33:26,200
Speaker 15: disaffection perhaps couldn't collar the ability to go after your spouse.

586
00:33:26,240 --> 00:33:30,640
Speaker 15: So I think that was the original underlying basis in

587
00:33:30,720 --> 00:33:36,440
Speaker 15: the law, and it's continued in most jurisdictions all these years.

588
00:33:36,600 --> 00:33:39,080
Speaker 1: Take a listen to our friend Adam Bennett at KHO.

589
00:33:39,480 --> 00:33:43,080
Speaker 10: Heather Temple, David Temple's second wife, filed for divorce yesterday

590
00:33:43,080 --> 00:33:45,520
Speaker 10: in a Fort ben County court. The filing claims their

591
00:33:45,560 --> 00:33:49,280
Speaker 10: marriage quote has become insupportable because of discord or conflict

592
00:33:49,280 --> 00:33:52,600
Speaker 10: of personalities. Heather Temple's attorneys told Cage are you They're

593
00:33:52,640 --> 00:33:56,000
Speaker 10: aware of the divorce filing timing with the trial, but

594
00:33:56,080 --> 00:33:57,360
Speaker 10: are asking for privacy.

595
00:33:57,440 --> 00:34:00,640
Speaker 22: We're hopeful with the filing for divorceal be more candid,

596
00:34:00,720 --> 00:34:04,040
Speaker 22: more forthcoming, and certainly more factual. That's what she truly

597
00:34:04,080 --> 00:34:04,520
Speaker 22: does now.

598
00:34:04,960 --> 00:34:09,120
Speaker 10: Victim's advocate Andy Kahn, has represented Belinda Lucas Temple's family

599
00:34:09,480 --> 00:34:13,040
Speaker 10: since Belinda's murder. At that time, Heather was having an

600
00:34:13,080 --> 00:34:17,120
Speaker 10: affair with David. Heather testified during the first trial, and

601
00:34:17,200 --> 00:34:19,720
Speaker 10: she's on the list to testify at this trial.

602
00:34:19,800 --> 00:34:21,480
Speaker 1: There is a marital privilege likes.

603
00:34:21,520 --> 00:34:27,160
Speaker 19: There's attorney clin or priest penitent privilege, the privilege survives a.

604
00:34:27,239 --> 00:34:30,719
Speaker 1: Divorced What about the fact that she has now divorced him.

605
00:34:31,200 --> 00:34:34,640
Speaker 1: That doesn't change anything if there were communications during the marriage.

606
00:34:34,880 --> 00:34:39,600
Speaker 1: I mean, they got married before he was charged with murder.

607
00:34:39,640 --> 00:34:40,880
Speaker 1: Is that right, Dave Mack.

608
00:34:40,960 --> 00:34:41,399
Speaker 2: Yes, ma'am.

609
00:34:41,520 --> 00:34:45,200
Speaker 8: They actually got married about two years after the murder

610
00:34:45,239 --> 00:34:48,120
Speaker 8: of Belinda, and that would be five years before he

611
00:34:48,239 --> 00:34:51,680
Speaker 8: actually went on trial for murder. But the time that

612
00:34:52,160 --> 00:34:55,000
Speaker 8: we're talking about here where they were just in there

613
00:34:55,080 --> 00:34:57,600
Speaker 8: what they called a casual romance. And again I agree

614
00:34:57,600 --> 00:35:00,840
Speaker 8: with you, but that's not covered by spot privilege. The

615
00:35:00,840 --> 00:35:04,000
Speaker 8: time of the murder and the time after that does

616
00:35:04,080 --> 00:35:07,279
Speaker 8: not include. It's not covered by spousal immunity because they

617
00:35:07,280 --> 00:35:08,920
Speaker 8: were actually just boyfriend girlfriend.

618
00:35:09,000 --> 00:35:12,640
Speaker 1: Let me ask you a question. David Temple's mistress turned wife,

619
00:35:12,760 --> 00:35:16,720
Speaker 1: Heather Temple, has recently filed for divorce in the middle

620
00:35:16,760 --> 00:35:20,040
Speaker 1: of the trial. Do you think it's just coincidence or

621
00:35:20,080 --> 00:35:22,799
Speaker 1: do you think it's because what she may or may

622
00:35:22,840 --> 00:35:27,120
Speaker 1: not know out to you? Karen Stark, Well.

623
00:35:26,960 --> 00:35:31,880
Speaker 16: It's really you would think if she believed his story

624
00:35:32,600 --> 00:35:36,440
Speaker 16: that she wouldn't in the middle of this trial decide

625
00:35:36,480 --> 00:35:39,560
Speaker 16: that this is the perfect time to divorce him. So

626
00:35:39,719 --> 00:35:42,360
Speaker 16: there's something going on there, Nancy, we don't.

627
00:35:42,160 --> 00:35:42,879
Speaker 14: Know what it is.

628
00:35:43,120 --> 00:35:48,000
Speaker 1: Well, Karen start, that's certainly putting it mildly. Let's get

629
00:35:48,040 --> 00:35:52,799
Speaker 1: back to reality. Take a listen to the verdict being

630
00:35:52,880 --> 00:35:58,120
Speaker 1: read out loud in a court of law. Justice delayed

631
00:35:58,880 --> 00:36:00,880
Speaker 1: was not just is denied.

632
00:36:01,200 --> 00:36:05,560
Speaker 7: Will the jury find the defendant, David Mark Temple guilty

633
00:36:05,640 --> 00:36:09,120
Speaker 7: of murder as charged in the indictment it's signed at

634
00:36:09,160 --> 00:36:10,440
Speaker 7: the foreman of the jury.

635
00:36:11,120 --> 00:36:13,680
Speaker 1: What a moment in a court of law. Take a

636
00:36:13,760 --> 00:36:16,640
Speaker 1: listen to Belinda's brother, Brian Lucas.

637
00:36:16,840 --> 00:36:17,480
Speaker 20: Last time he.

638
00:36:17,480 --> 00:36:20,000
Speaker 6: Had ninety nine years and ten thousand dollars. Fine, I

639
00:36:20,040 --> 00:36:24,279
Speaker 6: can't see it being any different this time. I mean,

640
00:36:24,400 --> 00:36:26,120
Speaker 6: look what he did. You put a shotgun in the

641
00:36:26,160 --> 00:36:30,080
Speaker 6: back of someone would say, you got to realize that's

642
00:36:30,160 --> 00:36:34,200
Speaker 6: it's pretty heinous. I mean, just imagine. I mean, that's

643
00:36:34,320 --> 00:36:35,359
Speaker 6: not as sick as you get.

644
00:36:36,000 --> 00:36:36,120
Speaker 13: Now.

645
00:36:36,160 --> 00:36:39,480
Speaker 6: Remorse he's never had remorse. Today was more. He's tried

646
00:36:39,480 --> 00:36:43,160
Speaker 6: to day more and he hasn't it just for himself,

647
00:36:43,360 --> 00:36:45,680
Speaker 6: that's for himself, that's not for himself.

648
00:36:47,760 --> 00:36:51,160
Speaker 22: And also keep in mind the collateral damage that David

649
00:36:51,160 --> 00:36:54,680
Speaker 22: Temple has caused obviously to Belinda's family, but through Riley

650
00:36:54,760 --> 00:36:59,920
Speaker 22: Joe Sanders as well, who's forever tarnished with the stigmatized

651
00:37:01,040 --> 00:37:04,799
Speaker 22: of what this family and their supporters have done to

652
00:37:04,920 --> 00:37:08,000
Speaker 22: him and his family for twenty years that he has

653
00:37:08,080 --> 00:37:12,200
Speaker 22: to live with as well. And we appreciate him just

654
00:37:12,480 --> 00:37:16,640
Speaker 22: again being forthcoming, always willing, and he's undergone a lot

655
00:37:16,719 --> 00:37:20,200
Speaker 22: of the collateral damage by David Temple. Anyone he's come

656
00:37:20,239 --> 00:37:23,160
Speaker 22: into contact with, he is adversely affected.

657
00:37:23,280 --> 00:37:27,280
Speaker 1: You know, I'm always leery of retrials many many years

658
00:37:27,360 --> 00:37:30,440
Speaker 1: after the fact, and I've had to do them myself.

659
00:37:30,960 --> 00:37:34,120
Speaker 1: I remember I had not been at the prosecutor's office

660
00:37:34,239 --> 00:37:38,160
Speaker 1: very long when a case that went down, the murderer

661
00:37:38,280 --> 00:37:42,160
Speaker 1: of an Atlanta police officer's brother. This is before I

662
00:37:42,200 --> 00:37:44,439
Speaker 1: was even in law school. Had to put that case

663
00:37:44,480 --> 00:37:47,000
Speaker 1: back together again and retry it.

664
00:37:47,080 --> 00:37:47,120
Speaker 20: That.

665
00:37:47,360 --> 00:37:51,920
Speaker 1: It's hard to do. Evidence loss, witnesses, memories fade, It's

666
00:37:51,960 --> 00:37:54,600
Speaker 1: really hard to do. But the prosecutors in this case

667
00:37:55,040 --> 00:38:00,719
Speaker 1: hung in there. A dramatic retrial finds high school ball coach,

668
00:38:00,840 --> 00:38:05,400
Speaker 1: the superstar of the region, guilty in the murder of

669
00:38:05,440 --> 00:38:09,440
Speaker 1: his pregnant wife, all the way back in nineteen ninety

670
00:38:09,560 --> 00:38:12,319
Speaker 1: nine so he could continue his affair with his so

671
00:38:12,480 --> 00:38:19,279
Speaker 1: called hot coworker, David Temple, now convicted for shooting his

672
00:38:19,400 --> 00:38:23,800
Speaker 1: eight month pregnant wife, Belinda, in the back of the head,

673
00:38:24,880 --> 00:38:32,319
Speaker 1: killing her. You know what you can't hide from, Lady Justice.

674
00:38:32,560 --> 00:38:38,920
Speaker 1: You may run, but you can't hide. Finally, justice for

675
00:38:39,040 --> 00:38:45,640
Speaker 1: Belinda Lucas Temple and her family. Nancy Grace signing off

676
00:38:46,239 --> 00:38:46,640
Speaker 1: good night.