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

[My3Sons]

August 9, 2019

As mentioned many times here, Andy Kahan is the Director of Victim Services and Advocacy - Crime Stoppers of Houston, TX.

Andy Kahan supports justice for Belinda Lucas Temple and unborn baby girl Erin.

The following is on Andy Kahan's personal Facebook Page. Andy posted it tonight, 8/9/19, about 9 p.m. CDT.

Andy Kahan
2 hrs ·
Temple Trial Update:

Belinda’s Family will once again continue their 20 and more than a half year quest for justice. They will never ever give up. They are warriors for Belinda and Erin.

The bottom line is no matter what happened today with the mistrial in the punishment phase, David Temple is a convicted murderer and will eventually be sentenced. We are resolved to ensure this happens.

Our next quest will be to do whatever we can to make sure Temple does not Bond out. We will need all your help whenever a hearing date is scheduled.

On behalf of Belinda’s Family and friend we deeply appreciate all your thoughts, love and support.

Sadly,we will once again need all of the above sometime in 2020. Wherever the trial will be held, we will be there.

On a personal note, I will never give up seeking justice for Belinda and Erin. It’s just in my DNA.

A big thank you to Lisa Tanner and Bill Turner and their staff from the Office of the Attorney General’s Office for a magnificent job and how they embraced the Lucas Family. You too are in our thoughts and prayers.

Source: Andy Kahan Facebook page - Click below

Andy Kahan

I simply cannot imagine the judge setting bond for a convicted murderer. I understand he was given bond when the first conviction was reversed on appeal, which makes sense. At that point, he was only an accused murderer. A jury of his peers has now found him guilty of killing his wife and unborn child. How in the world would bond be appropriate?

 

[Ann-Tx]

In case someone did not see this video/article from:

KHOU (CBS) - Houston, TX
August 9, 2017

Mistrial declared in punishment phase of David Temple murder trial

 

[Ann-Tx]

August 10, 2019

On the KHOU (CBS) - 10 PM CDT News last night, there was a "What's next after sentencing mistrial in David Temple case" segment.

I saw it in its entirety. I wish KHOU would have posted the entire segment. Posting some of the segment is better than nothing.

And .. . you can be assured that Andy Kahan, Director of Victim's Service and Advocacy of Crime Stoppers - Houston, TX will do exactly what he says.

Andy will ensure the court room is packed for David Temple's bond hearing as he states in the video.

From:
KHOU (CBS) - Houston, TX
Published: 10:14 PM CDT August 9, 2019

What's next after sentencing mistrial in David Temple case?

 

[tresir2012]

Could someone summarise what happened and why the sentencing has resulted in a mistrial because the jury could not agree. In the Ying Ying case, the jury could not reach a unanimous decision re death or LWOP so then the judge dismissed the jury and declared the sentence as LWOP. What were the jury's choices in this case?
TIA

Re bond, he should go to prison as a convicted murderer - no bond IMO.

 

[Gardenista]

Could someone summarise what happened and why the sentencing has resulted in a mistrial because the jury could not agree. In the Ying Ying case, the jury could not reach a unanimous decision re death or LWOP so then the judge dismissed the jury and declared the sentence as LWOP. What were the jury's choices in this case?
TIA

Re bond, he should go to prison as a convicted murderer - no bond IMO.

In TX, the defendant is allowed to decide if he wants the judge or jury to impose the sentence. Temple chose the jury. Their choices were everything from probation to LWOP.

 

[tresir2012]

In TX, the defendant is allowed to decide if he wants the judge or jury to impose the sentence. Temple chose the jury. Their choices were everything from probation to LWOP.

Wow. Clearly too many choices. Probation for murdering a mother and unborn child? What was the split?

 

[Seattle1]

Wow. Clearly too many choices. Probation for murdering a mother and unborn child? What was the split?

The issue is that the jury is being forced to use the Texas sentencing guidelines that applied in 1999 -- date of the crime.

Under today's guidelines, there would be no confusion. Penalty for capital/1st degree murder is either death or life in prison.

Defense alleged the split was "all over the map." I don't believe that!

According to the jury foreman, there were two jurors that stopped deliberating. I believe these two jurors did not agree to a life and/or lengthy sentence. MOO

 

[My3Sons]

The issue is that the jury is being forced to use the Texas sentencing guidelines that applied in 1999 -- date of the crime.

Under today's guidelines, there would be no confusion. Penalty for capital/1st degree murder is either death or life in prison.

Defense alleged the split was "all over the map." I don't believe that!

According to the jury foreman, there were two jurors that stopped deliberating. I believe these two jurors did not agree to a life and/or lengthy sentence. MOO

Agreed. Per Andy Kahan in one of the local news outlets that Ann-TX so kindly linked for us above, the majority wanted the maximum sentence. I imagine Evan got to the two who refused to deliberate. Still, how anyone could see Evan as anything less than a victim of his father is beyond me. IMO.

 

[tresir2012]

Agreed. Per Andy Kahan in one of the local news outlets that Ann-TX so kindly linked for us above, the majority wanted the maximum sentence. I imagine Evan got to the two who refused to deliberate. Still, how anyone could see Evan as anything less than a victim of his father is beyond me. IMO.

Couldn't the judge have accepted a majority verdict then? Did it have to be unanimous?

 

[Ann-Tx]

The David Temple case was not tried as a Capital Murder case.

Also, the sentencing range was Probation to Life. Life without parole was not an option. I wish it was!

Life is 30 years in the State of Texas.

The following is a comment by Casey O'Brien, an attorney formerly with the State of Texas - District Attorney's Office - Harris County, TX (located in Houston, TX).

In reference to the David Temple case/re-trial:

August 9, 2019

"To explain: This case was tried as a murder case, not capital.

It was also tried under the law that existed at the time of the crime. Thus, one who has no previous felony conviction is subject to a range of punishment as a first degree felony.

That range is 5 years to 99 or life and up to a $10,000 fine.

And he is eligible for probation at the discretion of the jury.

This jury appears to have been divided between a light or probation sentence and a sentence of closer to life, thus the mistrial.

The judge has no part in sentencing, unless the defendant waived a jury.

The next jury will be able to hear all of the evidence of guilt that this jury did, but with their only job being punishment in the same range.

The prosecution will have trouble getting a jury, as we always have, when probation is available.

I hope this clarifies things."

~~~ End of comment by Casey O'Brien, Attorney-at-Law ~~~

 

[Ann-Tx]

From the personal Facebook page of Andy Kahan, Director of Victim Services and Advocacy - Crime Stoppers of Houston, TX:

August 10, 2019 - 5:56 PM CDT

Andy Kahan
4 mins ·
Telling the world I will be packing the courtroom whenever a Bond Hearing takes place for convicted murderer David Temple.
I and many others will continue our relentless pursuit of Justice for Belinda and Erin.
For the record KHOU is inaccurate when it states sentencing range for Temple is from 10-99 years.
Also, my name is spelled Kahan not Kahn.
I will keep everyone apprised whenever the Bond Hearing takes place.

 

[Seattle1]

Wow. Clearly too many choices. Probation for murdering a mother and unborn child? What was the split?

Mistrial declared in punishment phase of David Temple murder trial

Victim advocate Andy Kahan said the majority of jurors wanted a tough sentence.

"The fact that, from what we understand, the majority of the jurors were seeking a maximum punishment so that does give us solace," Kahan said.

[...]

Temple's sentence could have ranged from probation to life in prison. The next punishment phase [retrial] will begin in March 2020.

 

[TJtennispro]

2 boys in the light sedan @4:30 and the 12 gauge gun information are in the link.

https://www.tdcaa.com/journal/not-so-squirrely-after-all/

The link from the investigator shows some major facts. I just discovered this case and I deal in facts I don’t think this guy killed his wife. That’s my opinion though.

 

[My3Sons]

2 boys in the light sedan @4:30 and the 12 gauge gun information are in the link.

https://www.tdcaa.com/journal/not-so-squirrely-after-all/

The link from the investigator shows some major facts. I just discovered this case and I deal in facts I don’t think this guy killed his wife. That’s my opinion though.

Welcome! If you're new to the case, there is a TON out there to read...not a ton from his most recent trial, unfortunately...there is a lot of great information linked in the posts in this thread that are well worth the read.

You're right about RJS having a shotgun. RJS's father actually owned two shotguns. One, the one that the defense contends was the murder weapon, he had taken without permission to go shooting with his friends a week before the murder, and it was hidden under his friend's bed the day of the murder, so he did not have access to it. BOTH of those weapons were turned over to police and determined not to be the murder weapon. The buckshot wasn't the same as the ammunition used to kill Belinda either. Tons of info on all of the shotguns they looked at is here starting at page 50:
State's Objections in Kelly Seigler Case

If you keep reading, they actually talk about the kids speeding out of the neighborhood as well, beginning in the middle of page 55.

If you go on to page 64, the noise that the neighbor boys described hearing around 4:30 is discussed-another neighbor also heard it, but described it as a backfire from a car, and he actually saw the car as he was standing outside. This was at the intersection the boy's house sits on the corner of.

Lots of things about RJS seem sketchy at first glance, I agree with you. However, when you have all the facts, like both juries did, it's easy to see that it's all smoke and mirrors.

 

[tresir2012]

Mistrial declared in punishment phase of David Temple murder trial

Victim advocate Andy Kahan said the majority of jurors wanted a tough sentence.

"The fact that, from what we understand, the majority of the jurors were seeking a maximum punishment so that does give us solace," Kahan said.

[...]

Temple's sentence could have ranged from probation to life in prison. The next punishment phase [retrial] will begin in March 2020.

Thanks for explaining. The link above isn't available to posters in the EU.

 

[Seattle1]

Welcome! If you're new to the case, there is a TON out there to read...not a ton from his most recent trial, unfortunately...there is a lot of great information linked in the posts in this thread that are well worth the read.

You're right about RJS having a shotgun. RJS's father actually owned two shotguns. One, the one that the defense contends was the murder weapon, he had taken without permission to go shooting with his friends a week before the murder, and it was hidden under his friend's bed the day of the murder, so he did not have access to it. BOTH of those weapons were turned over to police and determined not to be the murder weapon. The buckshot wasn't the same as the ammunition used to kill Belinda either. Tons of info on all of the shotguns they looked at is here starting at page 50:
State's Objections in Kelly Seigler Case

If you keep reading, they actually talk about the kids speeding out of the neighborhood as well, beginning in the middle of page 55.

If you go on to page 64, the noise that the neighbor boys described hearing around 4:30 is discussed-another neighbor also heard it, but described it as a backfire from a car, and he actually saw the car as he was standing outside. This was at the intersection the boy's house sits on the corner of.

Lots of things about RJS seem sketchy at first glance, I agree with you. However, when you have all the facts, like both juries did, it's easy to see that it's all smoke and mirrors.

Brilliant -- thanks for link!

It never followed that a teen neighbor would rob a house with a shotgun, or trap the victim inside her closet. And not steal anything after your target is dead -- especially if that's why you entered the residence in the first place.

I believe the correct/responsible party is behind bars. MOO

 

[Seattle1]

Siegler’s career was tarnished overnight. Held to the highest standards — and rightly so — prosecutors can be accused of nothing worse than railroading an innocent defendant. And the proof seemed to be right there in Gist’s findings, just as Temple’s attorneys had promised.

But in the rush to persecute Siegler and make a martyr of Temple, the media neglected to compare Gist’s findings to the trial record. If they had, they would have seen that the findings don’t stand up to scrutiny — they’re a flawed and often contradictory assessment of what actually occurred at trial. A closer look doesn’t suggest proof of a reckless prosecutor caught in her tracks but of shrewd defense attorneys able to kick up enough dust to cloud a judge’s vision.

Unreasonable Doubt: Did Kelly Siegler Really Railroad an Innocent Man Eight Years Ago?

 

[Ann-Tx]

Posted to YouTube by KTRK (ABC) - Houston, TX
Be patient; the video goes black, at times, but will come back within seconds.

In the Court Room when Judge Kelli Johnson reads the verdict and beyond.
Reactions of some of those sitting in the gallery when the verdict is read.

ABC13 Houston
Streamed live on Aug 6, 2019
19:39 (Nineteen minutes - 39 Seconds)

David Temple Trial: Former football coach found guilty of murder 20 years later

 

[Seattle1]

Posted to YouTube by KTRK (ABC) - Houston, TX
Be patient; the video goes black, at times, but will come back within seconds.

In the Court Room when Judge Kelli Johnson reads the verdict and beyond.
Reactions of some of those sitting in the gallery when the verdict is read.

ABC13 Houston
Streamed live on Aug 6, 2019
19:39 (Nineteen minutes - 39 Seconds)

David Temple Trial: Former football coach found guilty of murder 20 years later

Jury: 8 men, 4 women

 

[My3Sons]

Were the full recorded conversations ever released?

Not that I am aware, but they were played in court and/or stipulated to in his first trial, per Shattered, so the jury heard what she said, and heard Temple tell Brenda that he had no interest in finding Belinda's killer and that Belinda wouldn't want her trying to find him either. I don't know if those conversations were played for this jury. I hope one day we get access to the court transcripts so we can see for ourselves.