Temple’s murder defense advances

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David Temple appeared in court Friday morning for a hearing that advanced the defense of his nearly 20-year-old murder case.

His attorney, Stanley Schneider, secured permission from State District Judge Kelli Johnson to take the deposition of Temple’s 76-year-old father while his health is stable.

The testimony, which involves video evidence and a statement from the night in 1999 when Temple’s pregnant wife was killed, will show that it was “impossible for David to have committed the offense,” Schneider said. “I’m just trying to protect Mr. Temple’s right to present a defense.”

Temple was convicted of murder in 2007, but a judge ruled in 2015  that he deserved a new trial because prosecutors had withheld evidence that might have helped his defense.

He said Temple’s father, who has heart ailments and diabetes, needs to have his testimony captured while he is not in a health “crisis.”

The 10-minute hearing also determined how evidence will be shared.

David Mitcham with the Harris County District Attorney’s Office said his agency is prepared to transfer copies of their case files, which fill “33 banker’s boxes,” to the Texas Attorney General’s Office and to Temple’s defense team.

Bill Turner, one of two special prosecutors with the Texas Attorney General’s Office chosen by Johnson after Harris County District Attorney Kim Ogg withdrew from the case, joined the hearing by phone.

Temple and his lawyers did not comment as reporters followed them to an open elevator and the doors closed.


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