HOUSTON – A judge on Wednesday denied a request by David Temple to be granted a third trial in connection with the murder of his wife two decades ago.
Temple, a former high school coach, was convicted for a second time during a trial last year in the 1999 slaying of his wife. The jury could not agree on a sentence, however, which resulted in the judge declaring a mistrial in the sentencing phase.
The mistrial of the sentencing phase means a new jury will have to be assembled to consider Temple’s sentence. Jury selection for the new sentencing phase is scheduled to begin March 26.
The second trial was ordered after an appeals court overturned Temple’s original 2007 murder conviction on the grounds of prosecutorial misconduct.
Temple’s attorneys filed a motion last week asking the judge to toss out the second conviction altogether and conduct a completely new trial. The judge denied that request Wednesday. The judge also denied a change-of-venue request by the state.
Temple has maintained his innocence.