1 00:00:07,360 --> 00:00:11,120 Speaker 1: Lee. The jury found the defendant, David Mark Temple, guilty 2 00:00:11,200 --> 00:00:14,079 Speaker 1: of murder. The high school football coach from Katie was 3 00:00:14,120 --> 00:00:17,760 Speaker 1: convicted in two thousand seven for killing his pregnant wife, Belinda, 4 00:00:17,800 --> 00:00:19,520 Speaker 1: in the midst of an affair with the woman he 5 00:00:19,640 --> 00:00:22,439 Speaker 1: later married. The conviction was thrown out though, after the 6 00:00:22,480 --> 00:00:25,520 Speaker 1: Texas Court of Criminal Appeals found that the prosecutor in 7 00:00:25,600 --> 00:00:30,080 Speaker 1: his trial withheld important evidence. This is current stories, But 8 00:00:30,240 --> 00:00:34,200 Speaker 1: Nancy Grace, David Temple is out of jail for now, 9 00:00:34,240 --> 00:00:37,279 Speaker 1: a freeman. I hope my name is cleared once and 10 00:00:37,280 --> 00:00:40,000 Speaker 1: for all, and justice will be served the family of 11 00:00:40,040 --> 00:00:44,360 Speaker 1: Belinda Temple, the victim in this case. Once David Temple retried, 12 00:00:44,640 --> 00:00:47,800 Speaker 1: a team of Harris County prosecutors who's now reviewing thousands 13 00:00:47,800 --> 00:00:51,120 Speaker 1: of pages of evidence and testimony to determine if Temple 14 00:00:51,159 --> 00:00:53,960 Speaker 1: will stand trial a second time or if the charges 15 00:00:53,960 --> 00:00:59,680 Speaker 1: against him will be drawn. And eight months pregnant mother 16 00:01:00,080 --> 00:01:05,240 Speaker 1: is found dead, seemingly executed in her own home. Now, 17 00:01:05,400 --> 00:01:09,200 Speaker 1: how does that happen? When you don't have a sex attack, 18 00:01:09,319 --> 00:01:12,440 Speaker 1: you don't have a real robbery, you don't have a 19 00:01:12,520 --> 00:01:18,720 Speaker 1: real burglary. Who who who would come in and murder 20 00:01:18,760 --> 00:01:23,880 Speaker 1: a pregnant mom in her own home for no reason, 21 00:01:24,720 --> 00:01:28,600 Speaker 1: for no obvious reason. That is. Now, let's think this 22 00:01:28,720 --> 00:01:33,200 Speaker 1: thing through. Did you know in a and esteemed journal 23 00:01:33,280 --> 00:01:37,800 Speaker 1: of medicine it was determined? And I recall interviewing the 24 00:01:37,920 --> 00:01:41,440 Speaker 1: doctor who created the study and questioning her, and I 25 00:01:41,520 --> 00:01:47,280 Speaker 1: believe her that the number one cause of death amongst 26 00:01:47,400 --> 00:01:52,840 Speaker 1: pregnant women in our country is homicide. When I first 27 00:01:52,880 --> 00:01:56,600 Speaker 1: heard that statistic, I could not believe it. The number 28 00:01:56,640 --> 00:02:00,639 Speaker 1: one cause of death amongst pregnant women is on a side? 29 00:02:01,520 --> 00:02:06,120 Speaker 1: What about proclampsia? What about a heart attack, a stroke, 30 00:02:07,160 --> 00:02:16,840 Speaker 1: high blood pressure? Homicide? A pregnant mom murdered dead in 31 00:02:16,919 --> 00:02:23,920 Speaker 1: her suburban Texas home. Why if you haven't figured it 32 00:02:23,919 --> 00:02:31,120 Speaker 1: out yet, I'm talking about Belinda Temple. Belinda Lucas Temple. 33 00:02:32,440 --> 00:02:37,440 Speaker 1: Prosecutors say she was executed in the bedroom closet of 34 00:02:37,520 --> 00:02:42,680 Speaker 1: their Katie home January eleven. She was eight months pregnant 35 00:02:42,720 --> 00:02:46,680 Speaker 1: with a baby girl who she planned to name Baby 36 00:02:46,960 --> 00:02:51,840 Speaker 1: erin this scene was staged. A random killer doesn't bother 37 00:02:52,200 --> 00:02:54,720 Speaker 1: to stage the scene because they're not connecting to the 38 00:02:54,760 --> 00:02:58,079 Speaker 1: dead body. They don't care. The person that stages a 39 00:02:58,240 --> 00:03:01,920 Speaker 1: scene is a person connected to the victim. I mean, 40 00:03:01,960 --> 00:03:04,480 Speaker 1: I see Grace, this is crime stories. Thank you for 41 00:03:04,560 --> 00:03:08,920 Speaker 1: being with us. A jury said that her husband, the 42 00:03:09,000 --> 00:03:12,600 Speaker 1: high school coach, murdered her. Right now, there is a 43 00:03:12,760 --> 00:03:17,639 Speaker 1: heated battle going on in Texas this case. After a 44 00:03:17,720 --> 00:03:23,000 Speaker 1: jury convicted her husband, David Temple, of her murder, the 45 00:03:23,120 --> 00:03:30,160 Speaker 1: case was reversed because of alleged prosecutorial misconduct. What misconduct? 46 00:03:31,000 --> 00:03:34,440 Speaker 1: For instance not handing over her some statements and some 47 00:03:34,520 --> 00:03:38,360 Speaker 1: other information to the defense in a timely manner. Yes, 48 00:03:38,480 --> 00:03:41,520 Speaker 1: that's bad. Does it mean David Temple did not murder 49 00:03:41,600 --> 00:03:45,320 Speaker 1: his wife? No, it does not end his unborn baby Erin. 50 00:03:46,280 --> 00:03:49,160 Speaker 1: In fact, it's arguable he should go straight to the 51 00:03:49,200 --> 00:03:53,240 Speaker 1: electric chair, because that's two people under Texas law, the 52 00:03:53,360 --> 00:03:56,600 Speaker 1: mom and the unborn baby eight month baby Erin still 53 00:03:56,640 --> 00:03:59,480 Speaker 1: in her mommy's tummy. So let's think this thing through. 54 00:04:00,320 --> 00:04:03,920 Speaker 1: Our prosecutors dragging their feet about whether they're going to 55 00:04:04,040 --> 00:04:09,280 Speaker 1: retry David Temple, listen to what Belinda's dad has to say, 56 00:04:09,400 --> 00:04:15,240 Speaker 1: and then decide. My daughter, Belinda Lucas Temple, who was 57 00:04:15,320 --> 00:04:20,640 Speaker 1: eight months pregnant, was murdered by her Hope and David 58 00:04:20,720 --> 00:04:27,040 Speaker 1: Temple in the Houston area of Texas and nine years 59 00:04:27,080 --> 00:04:30,760 Speaker 1: went by before we finally got him put in prison. 60 00:04:32,360 --> 00:04:35,920 Speaker 1: Now then he's served some time and he's been led 61 00:04:36,000 --> 00:04:39,600 Speaker 1: out of the bond to possibly get a new trial 62 00:04:39,839 --> 00:04:46,880 Speaker 1: or possibly just turn loose. This is wrong what there 63 00:04:47,080 --> 00:04:50,520 Speaker 1: was there's somebody apparently has been bought off or something 64 00:04:51,440 --> 00:04:55,880 Speaker 1: is I hope that Nancy and y'all can look into 65 00:04:55,920 --> 00:05:01,599 Speaker 1: it and maybe do something to help. I need lots 66 00:05:01,600 --> 00:05:09,920 Speaker 1: of help, you know, if possible. She's wife, she's deceased now, 67 00:05:10,120 --> 00:05:15,479 Speaker 1: so the stress from that all of this was caused 68 00:05:15,480 --> 00:05:19,320 Speaker 1: her I have a heart attack and by we were 69 00:05:19,360 --> 00:05:24,880 Speaker 1: a guest on Nancy's very first show, we talked about 70 00:05:24,960 --> 00:05:30,800 Speaker 1: this murder. His family was also on the part of 71 00:05:30,839 --> 00:05:35,120 Speaker 1: the show. I hope that y'all can help me, help me. 72 00:05:36,600 --> 00:05:40,960 Speaker 1: It's so terrible to my daughter who was she was 73 00:05:41,040 --> 00:05:47,359 Speaker 1: eight months pregnant. She was executed, shot the back of 74 00:05:47,400 --> 00:05:51,520 Speaker 1: the head with a shotgun blown. Her brains are over 75 00:05:51,640 --> 00:05:56,840 Speaker 1: the closet. Now then that he's he's been let out 76 00:05:56,839 --> 00:06:03,640 Speaker 1: of prison, who for possible new trial and what is 77 00:06:03,680 --> 00:06:09,800 Speaker 1: being done is injustice. They they let him out him 78 00:06:09,880 --> 00:06:13,040 Speaker 1: like say, they let him out on bond, you're waiting 79 00:06:13,120 --> 00:06:16,880 Speaker 1: for a new trial. They're trying to decide where they'll 80 00:06:16,920 --> 00:06:20,080 Speaker 1: have a new trial or just turn him loose. This 81 00:06:20,160 --> 00:06:24,960 Speaker 1: is not right. Uh. I would like to have his story, 82 00:06:25,880 --> 00:06:28,720 Speaker 1: if you could update it and put it on you know, 83 00:06:29,720 --> 00:06:35,440 Speaker 1: it would be appreciated because been very difficult time they 84 00:06:35,480 --> 00:06:39,480 Speaker 1: were the last eighteen years. You know, Alan, I can 85 00:06:39,520 --> 00:06:43,440 Speaker 1: hardly stand and here it. I just remember his family, 86 00:06:43,839 --> 00:06:49,680 Speaker 1: her family so well, that was my very first headline 87 00:06:49,760 --> 00:06:54,440 Speaker 1: Niche show, and I thought it was so awful and 88 00:06:54,600 --> 00:06:58,080 Speaker 1: so wrong. And that was before I had children. And 89 00:06:58,200 --> 00:07:05,400 Speaker 1: now to think that John, David or Lucy could have 90 00:07:05,480 --> 00:07:08,640 Speaker 1: been shot and kill while they were in my tummy, 91 00:07:08,920 --> 00:07:11,440 Speaker 1: I just I can only stand and even think about 92 00:07:11,520 --> 00:07:18,000 Speaker 1: it and what this family has gone through. Alan, eighteen 93 00:07:18,120 --> 00:07:26,160 Speaker 1: years of their lives have been stolen by David Temple. 94 00:07:27,840 --> 00:07:31,000 Speaker 1: And I don't understand why he would have killed his 95 00:07:31,040 --> 00:07:33,680 Speaker 1: wife anyway and never understood that. Yes, I know he 96 00:07:33,720 --> 00:07:36,080 Speaker 1: had a mistress, but for Pete's sake, what about a 97 00:07:36,120 --> 00:07:41,320 Speaker 1: divorce to cause all this pain? And now to think 98 00:07:41,360 --> 00:07:45,600 Speaker 1: you can walk Scott free. Well, what's the hold up 99 00:07:45,600 --> 00:07:49,600 Speaker 1: on a new trial? Alan? What's happening? Nancy? There's a 100 00:07:49,640 --> 00:07:53,320 Speaker 1: new prosecutor in Harris County, Texas. She just took over 101 00:07:53,800 --> 00:07:57,240 Speaker 1: this year and she got the case. She said in 102 00:07:57,280 --> 00:07:59,720 Speaker 1: a hearing just a few days ago that she needs 103 00:08:00,040 --> 00:08:02,480 Speaker 1: about a month or two months to make a decision. 104 00:08:02,520 --> 00:08:05,880 Speaker 1: She's reviewing the whole case file. The controversy and this 105 00:08:05,960 --> 00:08:09,480 Speaker 1: is why Mr Tom Lucas said, Hey, somebody might be 106 00:08:09,520 --> 00:08:12,200 Speaker 1: paid off. Is there's a big controversy the family is 107 00:08:12,240 --> 00:08:15,800 Speaker 1: worried about because they say the prosecutor is too close 108 00:08:15,880 --> 00:08:19,800 Speaker 1: to the original defense attorneys and the appeals attorneys. In fact, 109 00:08:20,440 --> 00:08:23,920 Speaker 1: they held a fundraiser earlier this month where they raised 110 00:08:23,920 --> 00:08:28,120 Speaker 1: thousands of dollars for this prosecutor. The defense lawyers hosted it, 111 00:08:28,240 --> 00:08:31,040 Speaker 1: and so that has the family in an uproar. Well, 112 00:08:31,120 --> 00:08:33,600 Speaker 1: I understand, not that I agree with it, but I 113 00:08:33,679 --> 00:08:38,520 Speaker 1: understand that candidates take contributions from all sorts of people. 114 00:08:38,960 --> 00:08:42,880 Speaker 1: But to have the fundraiser hosted by the defense attorneys 115 00:08:42,920 --> 00:08:46,679 Speaker 1: on this case, I mean, there may be no conflict 116 00:08:46,760 --> 00:08:50,839 Speaker 1: of interest at all. Ogg maybe doing her job just 117 00:08:50,920 --> 00:08:54,440 Speaker 1: as she should. But under the rules of ethics, you 118 00:08:54,480 --> 00:08:59,560 Speaker 1: are to avoid even the appearance of impropriety, even the 119 00:08:59,559 --> 00:09:03,800 Speaker 1: appears not hey, look I'm doing the right thing. No, 120 00:09:04,320 --> 00:09:07,960 Speaker 1: that's no. You are to avoid just the appearance of 121 00:09:08,000 --> 00:09:13,360 Speaker 1: impropriety because it makes people lose faith in the justice system. OG. 122 00:09:13,440 --> 00:09:17,920 Speaker 1: Maybe perfectly on the up and up, but the appearance 123 00:09:18,320 --> 00:09:22,439 Speaker 1: of impropriety it's there. And I'm not saying she's doing 124 00:09:22,480 --> 00:09:25,959 Speaker 1: anything wrong. What I'm saying is it just looks bad. 125 00:09:26,440 --> 00:09:29,960 Speaker 1: And even if she goes forward the prosecution, they will 126 00:09:30,040 --> 00:09:33,600 Speaker 1: always think it just looks bad. And if she were 127 00:09:33,640 --> 00:09:37,480 Speaker 1: to lose this case and she tried it, people would 128 00:09:37,559 --> 00:09:40,360 Speaker 1: forever think she threw the case. Guys, Before you go 129 00:09:40,400 --> 00:09:43,360 Speaker 1: any further into the facts of this case, I want 130 00:09:43,400 --> 00:09:46,319 Speaker 1: to thank our sponsor that is making this discussion, this 131 00:09:46,400 --> 00:09:51,079 Speaker 1: podcast possible today. This podcast on behalf of the murder 132 00:09:51,200 --> 00:09:56,400 Speaker 1: victim Belinda Lucas Temple and her baby Erin Simply Safe 133 00:09:56,760 --> 00:09:59,560 Speaker 1: Home Security is no longer just for the wealthy or 134 00:09:59,600 --> 00:10:02,760 Speaker 1: the privile aged. Now we can all afford it. It's 135 00:10:03,880 --> 00:10:07,199 Speaker 1: a month and it's simply Safe dot com slash Nancy, 136 00:10:07,440 --> 00:10:11,080 Speaker 1: you get another temper cent off. I have my security 137 00:10:11,120 --> 00:10:14,280 Speaker 1: system on when I'm home alone and the children are 138 00:10:14,320 --> 00:10:17,160 Speaker 1: at school, when I bring them home when I'm not 139 00:10:17,280 --> 00:10:21,360 Speaker 1: at home because as I always say, I insist that 140 00:10:21,440 --> 00:10:24,800 Speaker 1: you take my DVD player and my t vs. But 141 00:10:24,920 --> 00:10:27,880 Speaker 1: I don't want anyone breaking in while my children are home. 142 00:10:28,880 --> 00:10:31,280 Speaker 1: I see case after case after case where there's not 143 00:10:31,400 --> 00:10:35,240 Speaker 1: an alarm system, and that has really affected me. I 144 00:10:35,320 --> 00:10:38,920 Speaker 1: have been touched, let me say, by violent crime, and 145 00:10:38,960 --> 00:10:41,560 Speaker 1: I don't want that to happen to anybody else. I 146 00:10:41,640 --> 00:10:45,480 Speaker 1: really don't. So simply say thank you for being with 147 00:10:45,600 --> 00:10:49,280 Speaker 1: us today and sponsoring us and making home security a 148 00:10:49,320 --> 00:10:54,160 Speaker 1: possibility for everybody. Now back to the murder of pregnant 149 00:10:54,240 --> 00:10:59,160 Speaker 1: mom Belenda Lucas. So what I'm saying, Alan is that 150 00:10:59,320 --> 00:11:05,959 Speaker 1: even if she is the squeakiest, cleaniest prosecutor that ever 151 00:11:06,000 --> 00:11:09,160 Speaker 1: want the face of the earth, it still has the 152 00:11:09,240 --> 00:11:14,560 Speaker 1: appearance of impropriety. And even if she tries the case, 153 00:11:15,600 --> 00:11:19,800 Speaker 1: what if she were to lose, because people would forever 154 00:11:20,000 --> 00:11:23,400 Speaker 1: think that she threw the case somehow. Whether she did 155 00:11:23,480 --> 00:11:27,640 Speaker 1: or she didn't doesn't matter. It's the appearance of impropriety 156 00:11:27,800 --> 00:11:32,000 Speaker 1: and that is not the way prosecutors should present themselves 157 00:11:32,160 --> 00:11:35,040 Speaker 1: or their cases. So what's the problem of handing it 158 00:11:35,080 --> 00:11:38,640 Speaker 1: off to an independent prosecutor that way? As I said, 159 00:11:38,760 --> 00:11:42,040 Speaker 1: she looks good, she's doing the right thing. She can 160 00:11:42,120 --> 00:11:45,320 Speaker 1: still wear the white hat for Pete's sake, and the 161 00:11:45,360 --> 00:11:51,880 Speaker 1: case gets tried without any with of a foul aroma. Okay, 162 00:11:52,040 --> 00:11:54,800 Speaker 1: so that's what needs to be done. And I really 163 00:11:54,880 --> 00:11:58,040 Speaker 1: came to that conclusion after studying all of this and 164 00:11:59,200 --> 00:12:03,960 Speaker 1: seeing the dec vision of my longtime friend, victims rights 165 00:12:04,000 --> 00:12:07,400 Speaker 1: advocate Andy Kahn there in Houston. He was analyzed the 166 00:12:07,440 --> 00:12:12,440 Speaker 1: case as well. And again, I remember Belinda's family so well. 167 00:12:13,120 --> 00:12:15,440 Speaker 1: I have no doubt in my mind this case she 168 00:12:15,559 --> 00:12:19,120 Speaker 1: goes forward. Now, whatever happened the first time around when 169 00:12:19,600 --> 00:12:22,839 Speaker 1: certain statements and other information was not handed over by 170 00:12:22,840 --> 00:12:27,720 Speaker 1: the then prosecutor Kelly Kelly Siegler. Yeah right, she was 171 00:12:27,720 --> 00:12:31,959 Speaker 1: a great prosecutor. Well, screwed up on this. That's over with. 172 00:12:32,080 --> 00:12:34,440 Speaker 1: Let's focus on what's happening now and what we can 173 00:12:34,480 --> 00:12:37,640 Speaker 1: do to save this conviction and keep this guy behind bars. Well, 174 00:12:37,679 --> 00:12:40,560 Speaker 1: he's already gotten out on bond, he's walking free. Well, 175 00:12:40,559 --> 00:12:43,520 Speaker 1: what if he's innocent? Hold on just a moment, let 176 00:12:43,520 --> 00:12:47,800 Speaker 1: me understand something, Alan, You do know the case was 177 00:12:47,880 --> 00:12:52,120 Speaker 1: not reversed because the appellate court thought he was innocent. 178 00:12:52,320 --> 00:12:56,760 Speaker 1: Right thirty six instance as a prosecutorial misconduct, things that 179 00:12:56,880 --> 00:12:59,600 Speaker 1: that Kelly Siegler did not turn over to the defense 180 00:12:59,679 --> 00:13:03,720 Speaker 1: lawyer resulted in not a fair trial. This man has 181 00:13:03,760 --> 00:13:07,880 Speaker 1: not been convicted. The defense has a theory he was convicted. 182 00:13:08,000 --> 00:13:11,960 Speaker 1: Not anymore. He was convicted at trial and appellate court 183 00:13:12,000 --> 00:13:13,920 Speaker 1: reversed it. I don't even know what you're saying. He 184 00:13:14,040 --> 00:13:17,240 Speaker 1: wants to be proven innocent. He says now that it 185 00:13:17,320 --> 00:13:20,640 Speaker 1: was a burglar. She walked in on a burglar, and 186 00:13:21,000 --> 00:13:25,920 Speaker 1: the thirty six instances of prosecutorial misconduct deprived his defense 187 00:13:26,000 --> 00:13:30,600 Speaker 1: lawyers of the opportunity to defend him because the timeline 188 00:13:30,880 --> 00:13:34,719 Speaker 1: would have been questioned by the phone records, the police reports, 189 00:13:34,800 --> 00:13:37,240 Speaker 1: and the other evidence that they did not get to 190 00:13:37,280 --> 00:13:41,560 Speaker 1: see before the trial. So this man legally is innocent 191 00:13:41,720 --> 00:13:45,240 Speaker 1: or at least not guilty. At this point, he wants 192 00:13:45,559 --> 00:13:49,680 Speaker 1: to be declared innocent completely. He says, it was a burglar. Yeah, 193 00:13:49,679 --> 00:13:52,480 Speaker 1: you already you know, well, you already said that. You're 194 00:13:52,520 --> 00:13:56,040 Speaker 1: starting to repeat, and you know, frankly, I got a 195 00:13:56,040 --> 00:13:58,160 Speaker 1: lot of justice to seek. Don't really have time for 196 00:13:58,200 --> 00:14:01,960 Speaker 1: repetition or redundancy. Uh So let me just get to 197 00:14:02,000 --> 00:14:06,640 Speaker 1: the facts. Yes, there was prosecutorial misconduct, and I agree 198 00:14:06,679 --> 00:14:11,319 Speaker 1: with that. Now, can you explain to me specifically, Alan, 199 00:14:12,200 --> 00:14:15,880 Speaker 1: you're saying, because these statements were not handed over, he 200 00:14:16,679 --> 00:14:19,240 Speaker 1: whatever in those statements would prove him innocent. He was 201 00:14:19,360 --> 00:14:24,000 Speaker 1: in the Excuse me, I'm speaking. Give me one exact 202 00:14:25,280 --> 00:14:29,280 Speaker 1: instance of how they proved him innocent. Phone records showed 203 00:14:29,280 --> 00:14:32,160 Speaker 1: that she was in a particular place at a particular time, 204 00:14:32,760 --> 00:14:35,840 Speaker 1: and that he was in the park with his son. 205 00:14:36,320 --> 00:14:38,320 Speaker 1: Then I think it was a home depot they went 206 00:14:38,360 --> 00:14:42,160 Speaker 1: to to get some shelving he's seen on the surveillance video. 207 00:14:42,440 --> 00:14:46,880 Speaker 1: The timeline that Kelly Siegler presented could be disrupted by 208 00:14:46,920 --> 00:14:52,120 Speaker 1: a good defense lawyer with the evidence that she withheld. Okay, again, 209 00:14:52,760 --> 00:14:56,280 Speaker 1: you're saying the timeline she presented could be disrupted by 210 00:14:56,320 --> 00:15:01,040 Speaker 1: evidence she withheld. What evidence does it prove him guilt? 211 00:15:01,080 --> 00:15:04,280 Speaker 1: How does it prove him into Tell me phone records, 212 00:15:04,320 --> 00:15:06,680 Speaker 1: the pinning of the phone towers, that sort of thing. 213 00:15:07,280 --> 00:15:11,040 Speaker 1: Because the defense is contending that there was a teenager 214 00:15:11,080 --> 00:15:13,120 Speaker 1: who lived down the street, and this is another thing 215 00:15:13,360 --> 00:15:16,840 Speaker 1: they withheld police report showing that this kid had burgled 216 00:15:16,960 --> 00:15:21,360 Speaker 1: that home before. Jump up on my podcast and tell 217 00:15:21,440 --> 00:15:26,040 Speaker 1: me there is evidence proving a man innocent. And then 218 00:15:26,080 --> 00:15:29,800 Speaker 1: when I ask you, when I ask you, what proving 219 00:15:29,880 --> 00:15:33,440 Speaker 1: I said that couldn't approve would disrupt the timeline. You 220 00:15:33,480 --> 00:15:37,840 Speaker 1: can't tell me, now, okay, what the phone records show? 221 00:15:37,960 --> 00:15:41,359 Speaker 1: What phone records I just told you, Nancy phone records? 222 00:15:42,200 --> 00:15:45,600 Speaker 1: The defense would contend, I'm not a defense lawyer. Look, 223 00:15:45,800 --> 00:15:48,360 Speaker 1: but they contend that those phone records help them. Just 224 00:15:49,200 --> 00:15:51,400 Speaker 1: this is part of the reason that it's hard for 225 00:15:51,480 --> 00:15:55,120 Speaker 1: kim og to make a decision on retrial. So bottom line, 226 00:15:55,480 --> 00:16:00,200 Speaker 1: I'm hearing you, but no offense, Alan, But you can't 227 00:16:00,240 --> 00:16:05,720 Speaker 1: say this phone record shows that he is, for example, 228 00:16:06,000 --> 00:16:10,960 Speaker 1: thirty miles away from home at the time she was killed. 229 00:16:11,080 --> 00:16:12,920 Speaker 1: And we know the time she was killed by the 230 00:16:12,960 --> 00:16:16,320 Speaker 1: medical examiner. And this refutes that you can't give me 231 00:16:16,400 --> 00:16:20,280 Speaker 1: a specific instance of how he three thirty in the afternoon. 232 00:16:20,280 --> 00:16:23,360 Speaker 1: The phone record said she was at a certain No, okay, 233 00:16:23,400 --> 00:16:25,680 Speaker 1: I I don't have the phone records in front of me. 234 00:16:25,880 --> 00:16:28,960 Speaker 1: But there are thirty six instances where there were police 235 00:16:29,000 --> 00:16:32,600 Speaker 1: reports that were hidden from the defense. And there and 236 00:16:33,320 --> 00:16:37,120 Speaker 1: the whole say hidden when you say kid and hold on, 237 00:16:37,480 --> 00:16:42,360 Speaker 1: hold on when you say hidden, didn't the appellate courts 238 00:16:42,360 --> 00:16:46,560 Speaker 1: say not turned over? Because I don't know I can 239 00:16:46,560 --> 00:16:48,640 Speaker 1: tell you. I don't know the truth of this. I 240 00:16:48,680 --> 00:16:53,160 Speaker 1: recall I was prosecuting a double murder and the defense 241 00:16:53,440 --> 00:16:56,240 Speaker 1: called me in in front of the judges, said she's 242 00:16:56,360 --> 00:16:59,520 Speaker 1: hiding some statements. I'm like, no, I am not hiding 243 00:16:59,640 --> 00:17:05,280 Speaker 1: any thing. You've got my whole entire file. You've got everything. 244 00:17:06,280 --> 00:17:08,600 Speaker 1: And they went, no, there's another statement. I'm like, well, 245 00:17:08,640 --> 00:17:10,159 Speaker 1: whatever it is, I don't have it. Well, has it 246 00:17:10,240 --> 00:17:15,000 Speaker 1: turned out ap D homicide. Hey given me their file 247 00:17:15,920 --> 00:17:18,159 Speaker 1: and they had a statement sitting at their office. I 248 00:17:18,160 --> 00:17:21,199 Speaker 1: didn't know about. Now did the statement prove anything? No, 249 00:17:22,000 --> 00:17:24,400 Speaker 1: but still there was a statement that had not been 250 00:17:24,440 --> 00:17:27,960 Speaker 1: handed over, not because of me, but long story short, 251 00:17:28,000 --> 00:17:30,719 Speaker 1: it got handed over months and months and months before trial, 252 00:17:30,960 --> 00:17:34,920 Speaker 1: probably over a year before trial. Long story short, I'm 253 00:17:34,960 --> 00:17:38,960 Speaker 1: asking you in this case, you're saying, she Kelly Siegler 254 00:17:39,320 --> 00:17:44,720 Speaker 1: hid a statement from them. Well, police investigated other suspects 255 00:17:44,840 --> 00:17:47,840 Speaker 1: and had reports on other side, including a woman in 256 00:17:47,880 --> 00:17:50,119 Speaker 1: that town who told police she thought her husband was 257 00:17:50,160 --> 00:17:53,639 Speaker 1: involved and he had a shotgun just like that, But 258 00:17:53,760 --> 00:17:57,760 Speaker 1: they never told the defense about this. I'm trying to 259 00:17:57,800 --> 00:18:00,399 Speaker 1: ask you a specific question. Alan before were you so 260 00:18:00,520 --> 00:18:06,080 Speaker 1: rudely interrupted? My question was about your assertion that Kelly 261 00:18:06,119 --> 00:18:10,320 Speaker 1: Sigler hid actively hid the evidence. Did she hide it 262 00:18:10,440 --> 00:18:12,760 Speaker 1: or did she not turn it over? She said she 263 00:18:12,800 --> 00:18:15,960 Speaker 1: didn't turn it over because she this one particular thing, 264 00:18:16,000 --> 00:18:18,480 Speaker 1: because she didn't think it was credible. But that is 265 00:18:18,520 --> 00:18:21,239 Speaker 1: not the law. The other technique that she used, this 266 00:18:21,280 --> 00:18:25,639 Speaker 1: is a Texas prosecutor's technique that is now outlawed by 267 00:18:25,640 --> 00:18:29,840 Speaker 1: the legislature in Texas, where the prosecutor would only call 268 00:18:29,960 --> 00:18:33,840 Speaker 1: one or two of the investigators, thinking because if you 269 00:18:33,880 --> 00:18:36,439 Speaker 1: don't call all of the investigators, you don't have to 270 00:18:36,480 --> 00:18:40,240 Speaker 1: turn over the other investigators work their police reports. That 271 00:18:40,320 --> 00:18:43,600 Speaker 1: might not help you, So you don't call those investigators 272 00:18:43,800 --> 00:18:47,120 Speaker 1: to the stand testify. That's now been outlawed. But she 273 00:18:47,240 --> 00:18:50,280 Speaker 1: used that technique, and that was another one of the problems. 274 00:18:50,600 --> 00:18:53,120 Speaker 1: So the defense didn't have a fair trial. Okay, try 275 00:18:53,200 --> 00:18:56,840 Speaker 1: to answer my questions. Just try, Okay. I'm gonna go 276 00:18:56,880 --> 00:18:59,560 Speaker 1: back to my first question that you avoided, and that 277 00:18:59,760 --> 00:19:06,360 Speaker 1: is did she hide evidence or not handed over? Did 278 00:19:06,400 --> 00:19:10,080 Speaker 1: not turn it over? Okay, So let's correct your earlier 279 00:19:10,119 --> 00:19:14,439 Speaker 1: statement that she actively hid. That's hiding it. That's hiding it. No, 280 00:19:14,520 --> 00:19:18,240 Speaker 1: it's not. I just get about Okay, you know what 281 00:19:18,400 --> 00:19:21,760 Speaker 1: butt kicking off the podcast. I'm kicking off the podcast. 282 00:19:23,440 --> 00:19:28,159 Speaker 1: So I just gave you an example of how a 283 00:19:28,200 --> 00:19:31,639 Speaker 1: statement cannot be handed over, and nobody intended for that 284 00:19:31,720 --> 00:19:34,840 Speaker 1: to happen. But you know what, actually that's neither here 285 00:19:34,880 --> 00:19:37,520 Speaker 1: nor there. The fact that the statements were not handed 286 00:19:37,560 --> 00:19:41,720 Speaker 1: over is illegal under the law. So they had to 287 00:19:41,720 --> 00:19:45,840 Speaker 1: be handed over. And even if she thought that this 288 00:19:45,960 --> 00:19:50,520 Speaker 1: teenager was irrelevant, it still has to be handed over 289 00:19:50,800 --> 00:19:54,320 Speaker 1: because it could be exculpatory. Under Brady view, Maryland, you 290 00:19:54,400 --> 00:19:57,600 Speaker 1: have to hand it all over. So, okay, we're to 291 00:19:57,640 --> 00:20:00,840 Speaker 1: the point where there's gonna be a new trial. Okay, 292 00:20:00,920 --> 00:20:05,120 Speaker 1: granted she's screwed up for whatever reason, and there has 293 00:20:05,160 --> 00:20:08,720 Speaker 1: to be a new trial. So my question is, now 294 00:20:08,920 --> 00:20:11,840 Speaker 1: here we are, there's no use in arguing over what 295 00:20:11,920 --> 00:20:15,600 Speaker 1: Kelly Siegler did or did not intend because here we are, 296 00:20:16,240 --> 00:20:19,800 Speaker 1: now why isn't there a new trial? That's my question. 297 00:20:20,119 --> 00:20:23,520 Speaker 1: This prosecutor has to make the decision. She says, we're 298 00:20:23,520 --> 00:20:26,000 Speaker 1: gonna have it within maybe this month, maybe a few 299 00:20:26,000 --> 00:20:28,800 Speaker 1: weeks from now. Was David Temple having an affair at 300 00:20:28,800 --> 00:20:32,320 Speaker 1: the time of the murder? Yes, David Temple had a mistress, 301 00:20:32,359 --> 00:20:35,439 Speaker 1: a woman that he married two years later, just a 302 00:20:35,480 --> 00:20:39,040 Speaker 1: few weeks after his wife was murdered. He sent her 303 00:20:39,119 --> 00:20:43,159 Speaker 1: flowers and I think even candy on Valentine's Day and 304 00:20:43,160 --> 00:20:45,720 Speaker 1: then he married her. So, yes, he's having an affair, 305 00:20:45,760 --> 00:20:48,239 Speaker 1: but that is not a capital crime. And now she 306 00:20:48,520 --> 00:20:52,399 Speaker 1: is the current Mrs Temple right now, that's certainly putting 307 00:20:52,440 --> 00:20:56,120 Speaker 1: perfume on the pig just because his wife gets murdered 308 00:20:56,680 --> 00:20:59,560 Speaker 1: and he later years later marries his mistress. You think 309 00:20:59,600 --> 00:21:02,600 Speaker 1: that makes it okay? No, I think it makes it 310 00:21:02,640 --> 00:21:05,280 Speaker 1: actually look worse for him. I don't care what. I 311 00:21:05,280 --> 00:21:07,159 Speaker 1: don't really care how it looks. I'm just saying that 312 00:21:07,240 --> 00:21:11,680 Speaker 1: does not justify what happened. Now, let's talk about what 313 00:21:11,720 --> 00:21:16,080 Speaker 1: we do know. We know ballistics testing was impossible, but 314 00:21:16,640 --> 00:21:20,560 Speaker 1: investigators know she was killed by Its actually a twenty 315 00:21:20,680 --> 00:21:23,480 Speaker 1: it's either a twelve or twenty gauge. It's a twelve 316 00:21:24,640 --> 00:21:28,040 Speaker 1: and a specific type of shell. Now, the shell, which 317 00:21:28,080 --> 00:21:33,080 Speaker 1: had been fired at least once and then reloaded, was 318 00:21:33,200 --> 00:21:37,440 Speaker 1: filled with double O back shot, and that's buckshot. That's 319 00:21:37,560 --> 00:21:41,160 Speaker 1: large balls that are packed together with winding and gunpowder. 320 00:21:42,440 --> 00:21:46,840 Speaker 1: For weeks after the shooting of Bolinda, police investigated a 321 00:21:46,960 --> 00:21:51,400 Speaker 1: team as Alan correctly pointed out, who lived in the neighborhood. 322 00:21:51,920 --> 00:21:56,960 Speaker 1: They also investigated his friends and they recovered several twelve 323 00:21:57,000 --> 00:22:02,760 Speaker 1: gauges and they reloaded the ship else Now, it was 324 00:22:02,880 --> 00:22:08,880 Speaker 1: very important that Siegler should have turned over that information. Now, 325 00:22:08,920 --> 00:22:15,760 Speaker 1: even though none of that information suggested the teams were responsible, Okay, 326 00:22:16,000 --> 00:22:18,520 Speaker 1: they should have the defensiative at least known about it. 327 00:22:18,800 --> 00:22:22,800 Speaker 1: Police also looked into reports of other suspects, including that 328 00:22:22,920 --> 00:22:26,760 Speaker 1: Katie woman who told police her husband was involved. Police 329 00:22:26,800 --> 00:22:29,760 Speaker 1: interviewed the husband, they took his twelve gauge m O 330 00:22:30,000 --> 00:22:34,159 Speaker 1: reloading equipment. It turned out to be not credible. It 331 00:22:34,240 --> 00:22:39,680 Speaker 1: was turned over, however, eleven days before trial. The defense 332 00:22:39,800 --> 00:22:44,240 Speaker 1: got that information Alan, that you're talking about, Yeah, but 333 00:22:44,320 --> 00:22:46,520 Speaker 1: not soon enough. Come on, but you let us do 334 00:22:46,760 --> 00:22:51,960 Speaker 1: it a violation that you believe that well, the listeners 335 00:22:52,200 --> 00:22:55,320 Speaker 1: to believe that that information was never handed over, But 336 00:22:55,400 --> 00:22:59,560 Speaker 1: it was. It was a Brady versus Maryland violation that 337 00:22:59,680 --> 00:23:03,560 Speaker 1: was on the appeals thirty six of them, Nancy three dozen. 338 00:23:03,760 --> 00:23:07,800 Speaker 1: You led us to think that husband was not handed over. 339 00:23:08,000 --> 00:23:11,560 Speaker 1: He was and he had been questioned. But but long 340 00:23:11,600 --> 00:23:15,159 Speaker 1: story short, let's talk about the evidence that we do know. 341 00:23:16,280 --> 00:23:18,600 Speaker 1: Let's talk about the evidence that we do know about. 342 00:23:18,960 --> 00:23:23,000 Speaker 1: What do we know about Belinda Lucas's crime scene? We 343 00:23:23,080 --> 00:23:27,760 Speaker 1: know that it was very grizzly, pieces of her head 344 00:23:28,040 --> 00:23:30,840 Speaker 1: all in the closet, and her clothes in her closet, 345 00:23:31,840 --> 00:23:35,480 Speaker 1: just horrific. And whoever it was reloaded? No, No, the 346 00:23:35,520 --> 00:23:39,560 Speaker 1: reloading is the shell was a reused shell, is what 347 00:23:39,640 --> 00:23:42,200 Speaker 1: that was. Let's see what you mean. Are you sure 348 00:23:42,520 --> 00:23:45,000 Speaker 1: there was a reused shell, which is a thing that 349 00:23:45,520 --> 00:23:48,280 Speaker 1: hunters do. You know? You you can get a little 350 00:23:48,359 --> 00:23:51,320 Speaker 1: machine and reload your own shells at home. I've done it. 351 00:23:53,560 --> 00:23:56,119 Speaker 1: What else do we know about the crime scene? It 352 00:23:56,240 --> 00:23:59,240 Speaker 1: was in her closet of her bedroom. The defense says 353 00:23:59,640 --> 00:24:02,119 Speaker 1: that it looks just like a burglary, that she interrupted 354 00:24:02,160 --> 00:24:04,960 Speaker 1: a burglary when she came home. Why do you say 355 00:24:05,040 --> 00:24:10,719 Speaker 1: it looks like she interrupted a burglary? I don't say so. 356 00:24:10,760 --> 00:24:13,360 Speaker 1: The offense says that, and they think that there's new 357 00:24:13,400 --> 00:24:15,560 Speaker 1: evidence that they're gonna get if they do go to 358 00:24:15,600 --> 00:24:18,119 Speaker 1: a trial, will help improve that. I agree with the 359 00:24:18,160 --> 00:24:20,760 Speaker 1: family on this that there needs to be a new trial. 360 00:24:21,160 --> 00:24:23,479 Speaker 1: You and I both agree on that, and that it 361 00:24:23,520 --> 00:24:28,600 Speaker 1: needs to be a special prosecutor, someone who's not directly involved. Okay, 362 00:24:28,720 --> 00:24:31,520 Speaker 1: let's let's just talk about what we know them. Belenda 363 00:24:31,640 --> 00:24:36,960 Speaker 1: Lucas and coach husband David Temple were actually classmates at 364 00:24:37,320 --> 00:24:42,040 Speaker 1: Stephen Austin University in Texas. David goes on to become 365 00:24:42,040 --> 00:24:44,639 Speaker 1: a high school coach, she's a teacher. They get married. 366 00:24:44,640 --> 00:24:48,040 Speaker 1: They have one little boy. When their child was three 367 00:24:48,160 --> 00:24:51,360 Speaker 1: years old and Belinda was thirty and eight months pregnant, 368 00:24:52,240 --> 00:24:55,240 Speaker 1: she was killed by one gun shot blast to the head, 369 00:24:55,440 --> 00:24:59,840 Speaker 1: A twelve gate shotgun was never found. For many many years, 370 00:25:00,080 --> 00:25:06,680 Speaker 1: case remained unsolved. Finally, investigation reveals a history of cruelty 371 00:25:06,680 --> 00:25:10,400 Speaker 1: by Belinda's husband. At that time, he was a respected 372 00:25:10,720 --> 00:25:14,880 Speaker 1: member of that Texas community. Now we also know that 373 00:25:14,960 --> 00:25:18,359 Speaker 1: Kelly Siegler, the prosecutor in the case, later became part 374 00:25:18,520 --> 00:25:23,120 Speaker 1: of a tn T network show called Coal Justice. Despite 375 00:25:23,160 --> 00:25:27,880 Speaker 1: having one of the best lawyers in Texas, Temple was convicted. 376 00:25:28,400 --> 00:25:32,800 Speaker 1: What do we know about the actual crime scene. We 377 00:25:32,960 --> 00:25:37,560 Speaker 1: know that the crime scene looks staged. We know that 378 00:25:38,119 --> 00:25:41,760 Speaker 1: there was no sex attack and no robbery. So what 379 00:25:41,880 --> 00:25:46,040 Speaker 1: would a possible motive have been Alan a burglar who 380 00:25:46,200 --> 00:25:50,520 Speaker 1: was caught in the act and shot her. Look, I 381 00:25:50,560 --> 00:25:53,600 Speaker 1: don't know that David Temple's innocent. I'm not suggesting that 382 00:25:53,640 --> 00:25:56,359 Speaker 1: he is. I'm saying he just isn't convicted until he 383 00:25:56,400 --> 00:25:58,480 Speaker 1: gets a fair trial. What do we have to do 384 00:25:58,920 --> 00:26:02,800 Speaker 1: in order to help about a fair trial? What? What? 385 00:26:02,800 --> 00:26:06,480 Speaker 1: What can be done? Well? Nancy Harris County, Texas District 386 00:26:06,520 --> 00:26:10,399 Speaker 1: Attorney kim Og is making a decision very soon about 387 00:26:10,520 --> 00:26:13,560 Speaker 1: if the Temple murder case will be retried or if 388 00:26:13,600 --> 00:26:17,040 Speaker 1: the murder charge against David Temple will just be dropped. 389 00:26:17,359 --> 00:26:19,679 Speaker 1: And if there is a new trial, Og must decide 390 00:26:19,720 --> 00:26:22,679 Speaker 1: if it will be handled by her office or turned 391 00:26:22,720 --> 00:26:26,480 Speaker 1: over to an independent prosecutor. Crime Stories listeners can call 392 00:26:26,560 --> 00:26:29,640 Speaker 1: her office and weigh in at seven one three two 393 00:26:29,760 --> 00:26:35,879 Speaker 1: seven four hundred. That's seven one three two, seven four hundred, 394 00:26:36,040 --> 00:26:40,040 Speaker 1: and we'll also post this number on our crime online story. 395 00:26:40,320 --> 00:26:43,520 Speaker 1: You know, she was fully closed, which supports my theory 396 00:26:43,600 --> 00:26:46,800 Speaker 1: that she was not sex assaulted. She was still wearing 397 00:26:46,840 --> 00:26:50,959 Speaker 1: her shoes even but significantly, she was wearing a watch, 398 00:26:51,040 --> 00:26:55,400 Speaker 1: a bracelet and necklace, and rings on both hands. Her 399 00:26:55,480 --> 00:26:59,960 Speaker 1: cordless phone was found near her hand. Her glasses were 400 00:27:00,040 --> 00:27:03,199 Speaker 1: found broken on the ground near her and from the 401 00:27:03,320 --> 00:27:08,560 Speaker 1: very beginning, police did not believe David Temple's story made 402 00:27:08,600 --> 00:27:12,280 Speaker 1: any sense, judging by all the gold, jewelry and electronic 403 00:27:12,320 --> 00:27:15,040 Speaker 1: items found at the scene. There was no theft, there 404 00:27:15,160 --> 00:27:19,800 Speaker 1: was no burglary, but for so long there was nothing 405 00:27:19,840 --> 00:27:23,119 Speaker 1: to go on in the case went cold. Now, people 406 00:27:23,119 --> 00:27:27,320 Speaker 1: who knew both David Temple and Belinda Lucas say they 407 00:27:27,359 --> 00:27:30,919 Speaker 1: were a great couple. They were great parents, but it 408 00:27:31,040 --> 00:27:36,240 Speaker 1: seemed that things changed at the second pregnancy. They gave 409 00:27:36,240 --> 00:27:40,320 Speaker 1: the appearance of being very, very happy, but that would 410 00:27:40,359 --> 00:27:45,000 Speaker 1: only help the defense, right because you wouldn't believe a 411 00:27:45,080 --> 00:27:48,800 Speaker 1: husband would kill his wife if they were so happy. Now, 412 00:27:49,000 --> 00:27:53,080 Speaker 1: we discovered before trial that he claims Belinda is the 413 00:27:53,119 --> 00:27:56,800 Speaker 1: love of his life, but he had just lied to 414 00:27:56,840 --> 00:27:59,280 Speaker 1: his wife about New Year's Eve, saying he had a 415 00:27:59,359 --> 00:28:02,720 Speaker 1: hunting trip. Instead, he was out having sex with a 416 00:28:02,760 --> 00:28:06,240 Speaker 1: fellow teacher named Heather. So that's where it all starts. 417 00:28:06,680 --> 00:28:09,600 Speaker 1: He says, Oh, he knew the affair was wrong, but 418 00:28:09,640 --> 00:28:12,720 Speaker 1: he still loved Belenda and he would never have hurt her. 419 00:28:13,240 --> 00:28:17,000 Speaker 1: But this jury believed that David Temple killed his wife, 420 00:28:17,040 --> 00:28:19,200 Speaker 1: and in stage just seemed to look like robbery. There 421 00:28:19,240 --> 00:28:23,160 Speaker 1: was some broken glass at the scene. They also think 422 00:28:23,840 --> 00:28:29,280 Speaker 1: that after the murder, he then intentionally caught running a 423 00:28:29,320 --> 00:28:33,360 Speaker 1: bunch of ridiculous errands on videotape, that he didn't really 424 00:28:33,400 --> 00:28:36,760 Speaker 1: need to even run to try to establish an alibi, 425 00:28:37,240 --> 00:28:39,719 Speaker 1: and that it was all to try to forge a 426 00:28:39,760 --> 00:28:45,080 Speaker 1: new life with his true love Heather. So you have 427 00:28:45,200 --> 00:28:49,320 Speaker 1: the family morning trying to cope with the loss the 428 00:28:49,400 --> 00:28:53,520 Speaker 1: murder of Belenda, and he goes and gets married to 429 00:28:53,600 --> 00:28:57,719 Speaker 1: another person. To me, the whole thing is staged, and 430 00:28:57,800 --> 00:29:03,360 Speaker 1: statistically alan, a random killer does not stage the murder scene. 431 00:29:03,400 --> 00:29:06,760 Speaker 1: You only do that when you're connected to the victim. 432 00:29:06,880 --> 00:29:11,480 Speaker 1: Right now, we are calling on Prosecutor Age in Texas, 433 00:29:12,400 --> 00:29:15,400 Speaker 1: on behalf of the family and on behalf of crime 434 00:29:15,480 --> 00:29:20,760 Speaker 1: victims across the country to please appoint an independent prosecutor 435 00:29:21,440 --> 00:29:24,160 Speaker 1: do the right thing. If the case goes back to 436 00:29:24,240 --> 00:29:27,560 Speaker 1: trial and it's lost, so be it, but at least 437 00:29:27,560 --> 00:29:31,920 Speaker 1: the family will know without a doubt that justice was obtained. 438 00:29:32,600 --> 00:29:38,320 Speaker 1: Please hear our voices and appoint an independent prosecutor in 439 00:29:38,440 --> 00:29:42,520 Speaker 1: the next prosecution of David Temple. Again, I want to 440 00:29:42,560 --> 00:29:46,840 Speaker 1: thank our sponsors Simply Safe for making our podcast and 441 00:29:47,360 --> 00:29:53,400 Speaker 1: us Seeking Justice possible today simply Safe makes home security 442 00:29:53,480 --> 00:29:59,520 Speaker 1: affordable for everyone. Now go to simply safe dot com. 443 00:29:59,600 --> 00:30:04,200 Speaker 1: Every one, please join me in asking the prosecutor in 444 00:30:04,360 --> 00:30:09,880 Speaker 1: David Temple's case to appoint an independent council. We want justice. 445 00:30:11,400 --> 00:30:12,160 Speaker 1: Goodbye friend,