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

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Gardenista said:
I don't understand why they are sequestered. There is little to no media on this case.
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The history of this case: they brought in special prosecutors to retry him, charges that prior prosecution withheld evidence-- granting Temple a new trial.

I don't think the State wants to take any chances here and playing it safe. MOO
 
8/8/19 - 10:10 p.m. CDT

RE: David Temple Trial - Punishment Phase

I saw KPRC (NBC) - Houston 10 p.m. News.

The Anchor stated the jury deliberated all day today and they will be back in Court to continue deliberations tomorrow (Friday, 8/9/19).
 
Seattle1 said:
Unfortunately, at age 3, his father's alleged innocence would be all he has known. His paternal grand parents and extended family were said to have bankrupt themselves to assert the neighbor kid killed Belinda.

Also, dad's affair partner/wife took over mothering Evan very early that I doubt he has memory of his biological mom Belinda.

And it appears the custodial parents did all they could to keep Evan from a relationship with mom's family to help him understand the facts of his mom's murder.

MOO
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Your post is very informative: i did not know a lot of what you posted. You make a good point about Evan probably not having much memory of his mother since he was so young when she was murdered by her husband and then Heather took over as his mother and that is all he has known.
 
My3Sons said:
Still no verdict? Do we have any update at all? This makes me nervous.

Also, Rebecca Temple is tweeting about David’s innocence despite being caught on tape telling Brenda she thinks he did it and she’s scared of him. :mad:
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Really, I missed that!

I wonder what is taking the jury so long? Also I have the same question as you, what happens in the punishment phase if the jury can't all agree?
 
Gardenista said:
Found this

(c) If the jury finds the defendant guilty and the matter of punishment is referred to the jury, the verdict shall not be complete until a jury verdict has been rendered on both the guilt or innocence of the defendant and the amount of punishment. In the event the jury shall fail to agree on the issue of punishment, a mistrial shall be declared only in the punishment phase of the trial, the jury shall be discharged, and no jeopardy shall attach.  The court shall impanel another jury as soon as practicable to determine the issue of punishment.

Texas Code of Criminal Procedure - CRIM P Art. 37.07 | FindLaw
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Thank you for this! Whew, at first I thought the entire thing could be a mistrial! So if there is a hold out and that person wants something ridiculous like 5 years or god forbid probation, then a new jury will be brought in just for punishment.

I wonder if Temple would still be out on bail for that or if he would go to jail because of the guilty verdict?
 
Pi2016 said:
Thank you for this! Whew, at first I thought the entire thing could be a mistrial! So if there is a hold out and that person wants something ridiculous like 5 years or god forbid probation, then a new jury will be brought in just for punishment.

I wonder if Temple would still be out on bail for that or if he would go to jail because of the guilty verdict?
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Temple has been convicted of murder. I think he would be in the Harris County jail until a new jury is en-paneled and his sentence is decided.

On one of the TV stations (during the News) yesterday evening, the reporter consulted an attorney.

The attorney said the Guilty verdict stands. If the current jury is hung regarding punishment, then a new jury would be selected.

Each side would present their case and the jury would deliberate the punishment. Only the sentence; not the verdict. As stated, the Guilty verdict stands!
 
Ann-Tx said:
Temple has been convicted of murder. I think he would be in the Harris County jail until a new jury is en-paneled and his sentence is decided.

On one of the TV stations (during the News) yesterday evening, the reporter consulted an attorney.

The attorney said the Guilty verdict stands. If the current jury is hung regarding punishment, then a new jury would be selected.

Each side would present their case and the jury would deliberate the punishment. Only the sentence; not the verdict. As stated, the Guilty verdict stands!
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Thanks Ann.... thankfully the verdict stands, that's the main thing.

I get the feeling there is a lone hold out or two that want to give a really lenient sentence. After all agreeing he's guilty, it just shouldn't be taking this long. It's not a DP case. I think the photos of Belinda were requested to show the holdout(s) THIS is what he did!
 
Andy Kahan, Director of Victim Services and Advocacy - Houston Crime Stoppers - Houston, TX posted the following on his personal Facebook page:

August 9, 2019

Andy Kahan
11 mins ·
Temple Update
Jury about to be brought in to read the Allen Charge. For the record and to dispel rumors jurors can’t be replaced unless they become disabled not for refusing to deliberate further
In my over 35 years of being involved in the criminal justice system I have never experienced nor witnessed what is happening
You can only imagine what Belinda’s Family is going through
 
Last edited:
In case someone does not know what the Allen Charge is:

Allen Charge refers to a set of instructions given to a jury when, after deliberation, it is unable to decide on a verdict. The purpose of the instruction is to encourage jurors to re-examine their opinions and attempt to reach a unanimous verdict if possible.

Source:

Cornell Law School

https://www.law.cornell.edu/wex/allen_charge
 
State District Judge Kelli Johnson has directed jurors to continue mulling over punishment for reconvicted murderer David Temple after more than 18 hours of deliberation.

The judge on Friday issued an “Allen Charge,” which strongly encourages the jurors to deliberate until they reach a unanimous decision, despite being at a deadlock.

Deliberations have continued since Wednesday, a day after the former Katy-area coach was found guilty of murder in the 1999 death of his pregnant wife, Belinda.

On Friday morning, jurors sent a note to Johnson saying that two of the people on the panel refused to continue negotiating.

The Allen Charge is often referred to as a “Hammer Charge.” If the punishment phase of the trial ends with a hung jury, new jurors would have to be selected to repeat the process. The guilty verdict would still stand.

Temple faces between probation and life in prison.

Defense attorney Stan Schneider asked to speak to the jurors after the reading of the charge. Johnson denied the request.

Jurors at deadlock in sentencing of David Temple

So after the judge issued the Allen Charge, DT's defense attorney asked to speak to the jury??!! Wow -- now that's arrogant. MOO
 
DAVID TEMPLE - Punishment Phase Update:

The jury that found David Temple guilty of murder in the brutal, horrific murder of his wife, Belinda Lucas Temple, who was 8 months pregnant, are hung in the Punishment Phase of the trial!

They sent a note to Judge Kelli Johnson earlier saying 2 jurors won't cooperate .. . won't negotiate any longer. They asked Judge Kelli Johnson what they should do.

Judge Kelli Johnson called them back into Court and read them the Allen Charge.

If you do not know what the Allen Charge is, here is an explanation:

Allen Charge refers to a set of instructions given to a jury when, after deliberation, it is unable to decide on a verdict. The purpose of the instruction is to encourage jurors to re-examine their opinions and attempt to reach a unanimous verdict if possible.

I hope the 2 uncooperative jurors can get their act together and sentence David Temple, a convicted murderer, to Life in prison!

It is not complicated and I don't understand how someone can find a man guilty in the horrific, brutal murder of his wife and then can not hand down a sentence of Life. This is not a Death Penalty case!

One of the Houston TV stations, during the trial, stated that the testimony indicated that the shotgun was held to the back of Belinda Lucas Temple's head and the trigger was pulled. As a result, her face was shot off also!

The horrific, brutal murder of 8 month pregnant Belinda Lucas Temple by convicted David Temple deserves the maximum sentence! End! Not complicated at all.

May justice prevail for Belinda Lucas Temple and baby girl Erin!
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https://l.facebook.com/l.php?u=http...TyOyuIYe9if72nVykWnb3oKyz-psWUQAy_Tt3tATw2-BV
 
HOUSTON — Jurors in the second murder trial of David Temple took only eight hours to convict him of killing his pregnant wife.

But they haven't been able to agree on a sentence, which could range from probation to life in prison.

The judge brought the jurors into the courtroom Friday to read an Allen charge, which is used to try and break a deadlock. She told jurors if they can't agree on a verdict, Temple's conviction would hold, but a new trial would be necessary to sentence him.

'Uncorporative jurors' blamed for holdup in David Temple sentencing
 
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