GUILTY TX - Belinda Temple, 30, pregnant, Katy, 11 Jan 1999 *Guilty again in 2023*

[My3Sons]

I forgot the hearing was today - simply stunning that Temple doesn't meet the criteria of flight risk - he's been convicted of murder for the second time - what in the world would he have to lose by taking off? He knows he's going back in the slammer until his dying day, he's the epitome of a flight risk. Yeesh.

I saw that there will be an appeal to get it lowered, who makes that decision, this judge or an appellate court?

Per this article on Click2Houston, the appeal is handled at the appellate level.
How did convicted killer David Temple get bond? Our legal analyst takes a look

From what I’m reading, the family would have to post 10-20% of the bail money, plus provide collateral for the rest. This is probably why Stan is saying it’s impossible for them to do so, and to that I say GOOD!

I continue to believe that he is not only a flight risk, but a danger to many of the people that testified against him if he was released. He has nothing to lose. MOO.

 

[Seattle1]

Couldn't agree more.

Supposedly his attorney says he won't be able to make it and I hope that is the case.

I have a stupid question (sorry) IF Temple can come up with the 100,000. does he get that back next March, if he shows up?

Cash bail and bond premium are not the same.

In this case, $100,000 bond premium (for $1mil bail) is not refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.

Will I Get My Bail Money Back? - AboutBail.com

 

[mickey2942]

I wouldn't use my house or retirement account for bail for anyone, including my children. Adults have to be responsible for their own actions, that would include bail money.

 

[Seattle1]

I wouldn't use my house or retirement account for bail for anyone, including my children. Adults have to be responsible for their own actions, that would include bail money.

A reminder (from 2005) of how much freedom David enjoyed after murdering his pregnant wife. All before released from prison awaiting new trial! He needs to remain locked up for the remainder of his life. MOO

How sweet of him..he was suspended WITH pay for 8 years. (very long paid vacation) they found gunshot residue on his jacket. He was having an affair I know that don't mean he killed his wife but it is somewhat of a contributing factor someone got in through the back door without the dog mauling them to death? The police couldnt even get in the house without the husband securing the dog in the garage first. Oh geez...

 

[jeni25]

I’m curious...

1. Will the new jury (that will be selected) to determine sentencing be informed DT was found guilty by the hung jury? If yes, at what point in the trial do they find out?

Also...
2. How close to the same evidence heard by that past jury will the new jury hear? Can they perhaps add a new thought or evidence or witnesses? Trying to understand how it will translate to this new jury.

3. Just wish they had a taped version for the new jury of the same exact info heard by the sentencing hung jury.

Any info to share of how it’s all handled?

Seems like such a backward way of doing things.

Thanks~

 

[geevee]

I’m curious...

1. Will the new jury (that will be selected) to determine sentencing be informed DT was found guilty by the hung jury? If yes, at what point in the trial do they find out?

Also...
2. How close to the same evidence heard by that past jury will the new jury hear? Can they perhaps add a new thought or evidence or witnesses? Trying to understand how it will translate to this new jury.

3. Just wish they had a taped version for the new jury of the same exact info heard by the sentencing hung jury.

Any info to share of how it’s all handled?

Seems like such a backward way of doing things.

Thanks~

The new jury will be told right off that he was found guilty and that they are to accept that verdict.

Each side will put on the evidence from the trial, I don't believe new evidence can be added, his penalty (sentence) should be decided by the evidence presented in the original trial.

I really wish we could see the retrial, not quite sure what's up with Houston courts that only allow open, close and verdict to be streamed, but I suppose that's better than nothing.

 

[Pi2016]

Cash bail and bond premium are not the same.

In this case, $100,000 bond premium (for $1mil bail) is not refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.

Will I Get My Bail Money Back? - AboutBail.com

Thank you!

 

[Seattle1]

I’m curious...

1. Will the new jury (that will be selected) to determine sentencing be informed DT was found guilty by the hung jury? If yes, at what point in the trial do they find out?

Also...
2. How close to the same evidence heard by that past jury will the new jury hear? Can they perhaps add a new thought or evidence or witnesses? Trying to understand how it will translate to this new jury.

3. Just wish they had a taped version for the new jury of the same exact info heard by the sentencing hung jury.

Any info to share of how it’s all handled?

Seems like such a backward way of doing things.

Thanks~

Just to be clear, it was a unanimous jury that found DT guilty of murder. A hung jury would have been declared a mistrial.

Relative to sentencing, the defendant had a choice for judge to decide punishment or jury, and chose the later. Take note almost anything can be presented to jury for deciding sentence. More specifically, the following apply:

Punishment Phase in Texas

If a defendant is found guilty, a punishment phase to determine the sentence occurs.

In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence.

The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses. The big difference is that almost any information about the defendant can be considered in the punishment phase. The state may prove up the defendant’s prior criminal record, put on witnesses to testify about the defendant’s character, or try to prove that the defendant committed other bad acts. Basically, the state can ask the judge or jury to consider much more information about the defendant—information that would not be allowed into evidence during the guilt-innocence phase.

https://www.texasdefenselaw.com/library/trial-process-in-texas/

 

[Pi2016]

Just to be clear, it was a unanimous jury that found DT guilty of murder. A hung jury would have been declared a mistrial.

Relative to sentencing, the defendant had a choice for judge to decide punishment or jury, and chose the later. Take note almost anything can be presented to jury for deciding sentence. More specifically, the following apply:

Punishment Phase in Texas

If a defendant is found guilty, a punishment phase to determine the sentence occurs.

In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence.

The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses. The big difference is that almost any information about the defendant can be considered in the punishment phase. The state may prove up the defendant’s prior criminal record, put on witnesses to testify about the defendant’s character, or try to prove that the defendant committed other bad acts. Basically, the state can ask the judge or jury to consider much more information about the defendant—information that would not be allowed into evidence during the guilt-innocence phase.

https://www.texasdefenselaw.com/library/trial-process-in-texas/

So this info from Casey's book could come in? I hope it does:

As the months passed, the battlefronts multiplied in the Temple case. While the fight over the GSR evidence raged, Siegler filed another motion, this one to allow extraneous offenses into the trial. Among the prior transgressions of David’s charged in the motion were the car robberies committed in high school, the assault of the basketball player in Nacogdoches, that he’d committed criminal mischief against his high-school girlfriend when he’d reportedly killed her pet rabbits, and something that must have added to the Temples’ seething anger: that in 1984, David had held a shotgun up to Darren’s head.

Casey, Kathryn. Shattered: The True Story of a Mother's Love, a Husband's Betrayal, and a Cold-Blooded Texas Murder (pp. 314-315). HarperCollins. Kindle Edition.

 

[jeni25]

So this info from Casey's book could come in? I hope it does:..

...Casey, Kathryn. Shattered: The True Story of a Mother's Love, a Husband's Betrayal, and a Cold-Blooded Texas Murder (pp. 314-315). HarperCollins. Kindle Edition.

Kathryn Casey is active on Facebook. She said in her fb post dated 08/30/19...
“I was at the courthouse today for David Temple's bond hearing. $1 million.”

08/30/19
On Andy Khan’s (He’s from Crime Stoppers of Houston) Facebook page, he said,

“Talking with the media before the bail hearing...I brought with me the over 100 letters supporting no bail from Belinda’s Family, friends, colleagues and community members.”

One of those was from Tom Lucas, (Belinda Temple’s father.) It was sad to hear the heartache DT has caused the Lucas family. (MOO) but thinking, I hope Kathryn’s was one of the letters.

Both Kathryn and Tom have been in it supporting the family over this long haul.

Also, do you think the prosecutors are up to date on KC’s book, Shattered? Sure hope it’s fresh on their minds and they do as Pi2016 said, and that it’s presented during the March sentencing.

 

[My3Sons]

So this info from Casey's book could come in? I hope it does:

As the months passed, the battlefronts multiplied in the Temple case. While the fight over the GSR evidence raged, Siegler filed another motion, this one to allow extraneous offenses into the trial. Among the prior transgressions of David’s charged in the motion were the car robberies committed in high school, the assault of the basketball player in Nacogdoches, that he’d committed criminal mischief against his high-school girlfriend when he’d reportedly killed her pet rabbits, and something that must have added to the Temples’ seething anger: that in 1984, David had held a shotgun up to Darren’s head.

Casey, Kathryn. Shattered: The True Story of a Mother's Love, a Husband's Betrayal, and a Cold-Blooded Texas Murder (pp. 314-315). HarperCollins. Kindle Edition.

The "prior bad acts" evidence was presented to the jury this time during sentencing. The girlfriend whom Darren ran to after the shotgun incident testified. Of course, Darren later testified she was lying. Anyway, I would assume the new jury could hear all that since the original jury did.

 

[Midwestmom2019]

The new jury will be told right off that he was found guilty and that they are to accept that verdict.

Each side will put on the evidence from the trial, I don't believe new evidence can be added, his penalty (sentence) should be decided by the evidence presented in the original trial.

I really wish we could see the retrial, not quite sure what's up with Houston courts that only allow open, close and verdict to be streamed, but I suppose that's better than nothing.

To prevent distractions, interruptions, problems with my makeup. IMOO. I practice in Houston but don’t know why no live streaming. Never thought it important enough to inquire.
I’ll see if I can get an answer for all who want to know.

 

[geevee]

To prevent distractions, interruptions, problems with my makeup. IMOO. I practice in Houston but don’t know why no live streaming. Never thought it important enough to inquire.
I’ll see if I can get an answer for all who want to know.

Thank you Midwestmom, that would be so greatly appreciated!

 

[jennyjenny]

To prevent distractions, interruptions, problems with my makeup. IMOO. I practice in Houston but don’t know why no live streaming. Never thought it important enough to inquire.
I’ll see if I can get an answer for all who want to know.

Thanks for the insight Midwestmom ... and fellow Houstonian!!

 

[Seattle1]

The new jury will be told right off that he was found guilty and that they are to accept that verdict.

Each side will put on the evidence from the trial, I don't believe new evidence can be added, his penalty (sentence) should be decided by the evidence presented in the original trial.

I really wish we could see the retrial, not quite sure what's up with Houston courts that only allow open, close and verdict to be streamed, but I suppose that's better than nothing.

It's not only Texas (Houston) as there are still about 18-20 states that still expressly prohibit broadcasting, filming/cameras, streaming, etc. in the court room.

Streaming for open, close, and verdict in Houston sounds generous to me!

In Colorado, it's a Chapter from the Colorado Supreme Court Rules that provides the standard for authorizing "expanded media coverage" (EMC) i.e., cameras, electronics, broadcasting, streaming, etc., in their court room. For criminal trials - there's no EMC allowed in the court room except for advisements and arraignments.

On some threads here, I find we've gotten pretty good at trial by twitter! Also learned it's always helpful to establish rapport with a couple local reporters.

 

[GoBuckeyes]

So this info from Casey's book could come in? I hope it does:

As the months passed, the battlefronts multiplied in the Temple case. While the fight over the GSR evidence raged, Siegler filed another motion, this one to allow extraneous offenses into the trial. Among the prior transgressions of David’s charged in the motion were the car robberies committed in high school, the assault of the basketball player in Nacogdoches, that he’d committed criminal mischief against his high-school girlfriend when he’d reportedly killed her pet rabbits, and something that must have added to the Temples’ seething anger: that in 1984, David had held a shotgun up to Darren’s head.

Casey, Kathryn. Shattered: The True Story of a Mother's Love, a Husband's Betrayal, and a Cold-Blooded Texas Murder (pp. 314-315). HarperCollins. Kindle Edition.

Doesn't everything have to be proved true and not speculation or rumor though?

 

[Pi2016]

Doesn't everything have to be proved true and not speculation or rumor though?

The prior bad acts are true, at least according to witnesses.

I'm just relieved that the jury will have to accept the guilty verdict as fact. Hopefully no stealth Temple fans will somehow get on and muck the next one up.

It still seems odd to me that this verdict didn't automatically default to the judge. I hope there won't be any appeal issues with this being a different jury to decide the verdict.

 

[Seattle1]

The prior bad acts are true, at least according to witnesses.

I'm just relieved that the jury will have to accept the guilty verdict as fact. Hopefully no stealth Temple fans will somehow get on and muck the next one up.

It still seems odd to me that this verdict didn't automatically default to the judge. I hope there won't be any appeal issues with this being a different jury to decide the verdict.

Actually, the defendant had a choice for judge to decide on his punishment or the jury -- he chose the later.

In Texas, almost any information about the defendant can be considered in the
punishment phase:

If a defendant is found guilty, a punishment phase to determine the sentence occurs.

In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence.

The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses. The big difference is that almost any information about the defendant can be considered in the punishment phase. The state may prove up the defendant’s prior criminal record, put on witnesses to testify about the defendant’s character, or try to prove that the defendant committed other bad acts. Basically, the state can ask the judge or jury to consider much more information about the defendant—information that would not be allowed into evidence during the guilt-innocence phase.

https://www.texasdefenselaw.com/library/trial-process-in-texas/

 

[Pi2016]

Actually, the defendant had a choice for judge to decide on his punishment or the jury -- he chose the later.

In Texas, almost any information about the defendant can be considered in the
punishment phase:

Thank you for the info!

Do you know by chance what happens if there is another "mistrial" in the penalty phase?

 

[Seattle1]

Thank you for the info!

Do you know by chance what happens if there is another "mistrial" in the penalty phase?

This was very rare. It will be a brand new jury deciding the penalty so hopefully there will not be another mistrial!