HOUSTON — After years of waiting, a man twice convicted of murdering his wife will finally learn his fate.
On Aug. 6, 2019, a jury convicted David Temple for a second time for the murder of Belinda Lucas Temple. His sentencing had been postponed due to the COVID-19 pandemic but the sentencing trial is set to begin on Monday.
Temple requested a third trial after a jury was unable to agree on his punishment in his second trial. He also requested a change of venue. Temple's sentence could have ranged from probation to life in prison, but jurors weren't able to agree, forcing a judge to declare a mistrial in the punishment phase.
"The jury, ultimately, could not decide on a punishment. They reached a deadlock and a mistrial was granted. So, we're back for a new sentencing hearing on this convicted murder case," KHOU 11 legal analyst Carmen Roe said about the case.
Despite the outcome, both requests for a third trial and a change of venue were denied.
"Probably one of the most infamous murder trials we've ever seen," Roe said.
Now, about four years after his second conviction in the 24-year-old case, a jury will determine Temple's punishment.
Temple's punishment ranges from probation to life in prison. Eventually, he could be released because when he committed the crime, there was no legal option for life without parole.
Temple's attorney said he doesn't want to talk about the case before the trial.
Even after sentencing, Roe said the case is far from over.
"No matter what happens, (the case) will go back to the Court of Appeals and it will go back to the Texas Court of Criminal Appeals because there's a lot of legal issues that are still being dealt with," Roe said.
Temple's crime
Belinda was 8 months pregnant when she was shot and killed in the couple's Katy home in 1999. She died from a shotgun blast to the back of her head.
Prosecutors said Temple wanted his wife dead because he was having an affair.
Less than two years after his wife's murder, Temple married his mistress Heather Scott. Scott filed for divorce after Temple's second murder trial began on July 8.
Temple was originally convicted of murder in 2007 and served nine years in prison before a judge tossed out his conviction. The judge said prosecutor Kelly Siegler withheld favorable evidence from the defense.