Judge cites prosecutorial misconduct in Temple case

See some of the most important quotes from the judge's ruling in the David Temple case. See some of the most important quotes from the judge's ruling in the David Temple case. Photo: Kevin Fujii, Chronicle Photo: Kevin Fujii, Chronicle Image 1 of / 78 Caption Close Judge cites prosecutorial misconduct in Temple case 1 / 78 Back to Gallery

A Beaumont judge who decided that David Mark Temple deserves a new trial in the 1999 slaying of his pregnant wife cited 36 instances of prosecutorial misconduct in his ruling, most of which are tied to legendary former Harris County prosecutor Kelly Siegler.

Because evidence that could have helped his defense was withheld — before, during and after Temple's 2007 trial — attorneys for the Katy man showed that he was denied a fair trial, according to the ruling by state District Judge Larry Gist.

"The defendant has shown he was denied a fair trial because of the State's failure to disclose or timely disclose favorable evidence," Gist said in a 19-page ruling filed Wednesday. "And had that evidence been disclosed or disclosed timely, the results of the trial would have been different."

Last week, lawyers for Temple confirmed that the judge was recommending a new trial for the 46-year-old, the first step in an appellate process that changes the trajectory of the infamous Katy case.

Details of the ruling released Wednesday paint a picture of Siegler as a calculating prosecutor who could not stand the thought of "losing" to Temple's defense attorney, Dick DeGuerin.

"Of enormous significance was the prosecutor's testimony at the habeas hearing that apparently favorable evidence did not need to be disclosed if the state did not believe it was true," Gist wrote.

For example, the judge noted, Siegler specifically called only a small number of the many investigators who worked the case to testify in the trial. By doing this, the prosecutor would not have to give the defense team any reports from the investigators who did not testify.

Gist's recommendation will be forwarded to the top criminal court in Texas where prosecutors could lodge objections that the high court would consider before granting or rejecting the motion for a new trial. Because so much deference is given to the trial judge's recommendation, it is likely that they will ratify Gist's findings. After that, the Harris County District Attorney's Office will have to decide if they can re-try the case and once again secure a conviction.

Katy High School teacher Belinda Lucas Temple was eight months pregnant when she was killed execution style in her bedroom closet by a single shotgun blast on Jan. 11, 1999.

Siegler, already a high-profile prosecutor with a reputation for tackling tough cases as well as courtroom theatrics, took over the case in 2004.

During an emotionally charged five-week trial beginning in October 2007, Siegler and DeGuerin fought bitterly over whether Belinda Temple was killed after interrupting a burglary or if her husband had staged a crime scene to cover his tracks.

The evidence in the trial was entirely circumstantial and focused on an extensive timeline that Siegler put together to show how much time David Temple would have had before being seen on surveillance video at a nearby grocery store.

Jurors found Temple guilty of murder and sentenced him to life in prison.

Gist made his findings after a 10-week hearing that began in December, in which attorneys Stanley Schneider and Casie Gotro questioned prosecutors, investigators and defense attorneys about what happened before during and after the trial.

Read the judge's full report above.