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tv   News 6 at 11pm  CBS  March 12, 2016 11:00pm-11:35pm EST

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might have been more open to temple's explanation of evidence, like those shards of glass that polic found so incriminating. attorney stanley schneider says they could have scattered when david came charging through the door. >> if that door's flung open and hits the hutch, it's going to fly off into the living room. >> reporter: the defense says the man who testified he saw temple on the road could have been mistaken about the time and day... >> da-da! >> reporter: ...and they say temple's dog shaka might not have been as ferocious as police say. >> i'd direct your attention to the grand jury testimony of mr. riley joe sanders. >> reporter: and what does he say? >> shaka will bark at him when he's cutting the grass. but what about if you're not cutting the grass? "no, she'll just come over and sniff." >> reporter: at the new hearing, kelly siegler spent four days on the stand.
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aggressively defended herself. >> it was very, very repetitious, and it seemed like it could have been a whole lot more efficient. >> she was so, just blase , about what she had hidden and why she had hidden it. and i have my client, david, sitting next to me who lost his wife and his baby and hasn't watched his son grow up, and his family has gone bankrupt trying to get him out of prison. it broke my heart a little bit. and i didn't see that one coming, that was for damn sure. >> reporter: it breaks your heart a little bit now, i think. >> yeah, it does. >> reporter: in the middle of this new hearing, defense attorneys discovered some evidence that never made it to court before. >> reporter: audio-taped interviews conducted at belinda's school just two days after she died. >> a group of teachers were interviewed one day in the gym. there was nothing of substance
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on any of those tapes in those interviews. >> reporter: but casie gotro says those tapes change everything. >> they would have decimated the state's case. >> reporter: siegler says belinda was killed around 4:00 p.m. cell phone records show she made a call to david at 3:32, but they don't show where she was. a teacher who had been at a meeting with belinda gave police a clue. >> reporter: defense attorneys say if belinda made that call from school at 3:32, it would be all but impossible for her to have been home at 4:00 p.m., the time siegler said she was killed. but siegler says the teacher was actually talking about a different phone call. she says, "she left my office
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between 3:20 and 3:30, and, you know, from what other people have said, she made a phone call to david." >> which happened earlier that day. indication that she's talking about this any earlier. >> that's how i read it, because earlier that day. >> reporter: she makes no reference of that. >> she doesn't say that it's happening later, either. y'all are reading into that what you want to read into it. >> reporter: temple's lawyers say if belinda arrived home after 4:00, temple would have had just minutes to murder her, clean up, stage the scene and get his young son to that store where they were seen on surveillance footage. >> kelly's timeline can't be. david can't be the killer. >> reporter: 23 witnesses testified at the hearing, including daniel glasscock, who contacted deguerin and spurred the reopening of this case. he was called by the state. he continued to contradict himself and wound up in tears. >> his eggs were scrambled so badly by all of those
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interviews. i mean, he's virtually useless as a witness anymore. >> reporter: it was a lot for the judge to take in, and this judge is tough-- tough on defendants and very tough to read. >> he didn't smile, he didn't frown, he didn't scowl. nothing.
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that starts working in as little as 30 minutes and contains the best live claritin clear, with claritin-d. >> there is an innocent man long time. >> reporter: david temple's attorneys weren't sure they had any chance at all with judge larry gist, as they waited for his opinion. >> what i knew about judge gist was that he had a prison unit named after him. >> reporter: that could be bad. >> you don't get a prison named after you by being pro-defense. >> reporter: in july 2015, gist issued his opinion. >> stanley is standing there with this opinion rolled up in his hand and a tear in his eye, "you're not going to believe it.
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>> reporter: judge larry gist found that david temple should get a new trial. he listed facts, 36 facts favorable to the defense that he said the state should have disclosed but didn't, or disclosed too late to be of any use. >> seeing a judge that got to see all of this evidence say "this man deserves a fair trial, he wasn't given one," that mattered in ways that i still feel. >> reporter: it was your first sighs ) richard, this is not a victory. this is just the first step. >> reporter: it's the first step because, strong as it is, the judge's decision is a recommendation to a higher court, the texas court of criminal appeals. that's where david temple's fate will be decided. how confident are you that the court of criminal appeals will order a new trial?
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>> i'm afraid to jinx it. i'm afraid to... to hope too loudly. >> reporter: here you are again waiting for another decision. is this any harder than waiting for the other ones? >> no. it wouldn't be harder because this time we're in the right direction. >> reporter: do you think you will walk out of here? >> i know i will walk out. >> reporter: you know you will walk out? >> i know i will walk out. >> reporter: that won't happen without a fight. the harris county d.a. has filed an 80-page objection to gist's findings, aggressively defending temple's conviction and kelly siegler's conduct at his trial. >> judge gist's findings, when compared to what actually happened at trial, with what the witnesses testified to, his findings are incorrect. >> reporter: judge gist is just wrong? >> yes, sir, he is. >> reporter: on 36 points? >> yes, sir, he is. >> reporter: not one thing that he enumerated is true? >> not even one.
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>> reporter: siegler once famously dismissed charges and freed this man, anthony graves, an inmate on death row. reviewing the case, she determined prosecutors withheld favorable evidence. but in the temple case, she insists defense lawyers got all the evidence they were entitled to. >> just because one judge made these ridiculous findings that none of us can understand, he's not the final say. the court of criminal appeals is, thank god. >> what this whole case is all about is this right here. >> reporter: at a press conference after judge gist's opinion was released, attorneys stanley schneider and casie gotro graphically demonstrated how much information they say was withheld from the defense. >> this was never seen. this is what was suppressed. >> reporter: this is the first good news david temple's family has heard in years. >> my brother has spent eight
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long years in a texas state prison. he is failed by a legal system that failed him, failed their child, failed our family, but, most importantly, failed belinda. >> reporter: evan temple, who was 12 when his father went to prison, was raised by temple's second wife, heather. >> i may be biased, but he's the finest young man that walks this planet, i'm telling you. he's got so much of his mother in him that... it's every time you look at him. >> reporter: but kelly siegler says others in belinda's family are still struggling to cope. >> i wish that people could understand what it feels like to... to be belinda's family when they're in the middle of this never-ending appellate process that makes no sense. they don't understand it, and, frankly, neither do i.
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>> reporter: as we sit here today, have you heard anything over the last several years as since this trial that has shaken murdered his wife? >> no. >> reporter: siegler hasn't spoken to her former colleague, steve clappart, for more than three years. do you believe david temple is >> i believe that he did not kill his wife. >> reporter: clappart says he did what he always does; he followed the evidence. you had to go against all your friends or most of your friends to do it. >> that's correct. >> reporter: after a lifetime in law enforcement, he left the district attorney's office... >> that's steve over in the corner. >> reporter: ...and now works with defense lawyers he had battled in court for years. >> my dad taught me that doing the right thing isn't always the easiest thing. and i think i've done the right
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>> reporter: it was an awful crime, he says, with no hard evidence-- the kind of crime that can haunt an investigator. well, i guess the real question is, do you think whoever killed belinda temple is ever going to pay for it? >> do i think they're going to pay for it? no. >> reporter: and where does that leave you? >> empty. and so, how do you get justice for a woman who was killed? captioning sponsored by cbs captioned by media access group at wgbh
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access.wgbh.org >> first number is 28. after that, 11. here's a winner from nebraska, matching all 5 numbers, and she
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won $1 million. 50, 57, and 62. for your winning powerball number, we have 23, the multiplier is 2. >> chaos outside donald trump rally, police are forced to pepper spray a crowd of protesters when things get out of hand. you see the secret service rushes in. thanks for joining us. we are days away from tuesday's election including the big one in florida. tonight donald trump's rallies
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and increasing disruptions are what so many people are talking about. >> this video just in of people pouring milk on protesters who could not open their eyes from the spray, the milk is supposed to ease reaction. we are getting results from the washington, d.c., caucus, marco rubio has won that contest, his third victory in the race. he is trying to gain ground in florida ahead of tuesday's primaries. a big day for florida and four other states, illinois, missouri north carolina, and ohio. we have where the campaign stands as of this minute. results of 2016. >> police used pepper spray to disburse protesters.
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formed a circle around the presidential candidate as a man tried to rush the stage in ohio. he was forced to cancel events friday as fights broke out in chicago. chaos spilled into the streets where police made several arrests including cbs journalist. >> there have been other groups of protests, but nothing as massive as what i saw last night. >> the republican front runner declined to take responsibility. >> they want me to tell my people, please be nice. my people are nice. >> reporter: he blamed supporters of presidential candidate bernie sanders for the violence. >> all i am doing is responding to a candidate, who has, in fact in many ways encouraged violence. >> reporter: trump's rivals criticized protesters but also
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faulted the billionaire. >> i at this moment continue to intend to support the republican nominee, but it is getting harder every day. >> responsibility begins and ends at the top. >> reporter: trump has rallies in three states sunday. >> you heard marco rubio and donald trump are going to be in florida tomorrow. marco rubio is making stops at the villages and orlando. i am going to be sitting down with him tomorrow one on one in the villages, and monday, marco rubio will be in melbourne. trump will hold a rally in boca raton, and doral monday. tomorrow on face the nation, candidates will be interviewed. also new numbers will be released out of ohio, florida, and illinois. you can catch it tomorrow start at 10:30. stay alert all weekend with the app, updates on candidates and information on early voting
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clickorlando.com. deadly plane crash in clermont, the pilot and passenger both killed, the national transportation safety board is investigating where this took off from and where it was headed. live from the crash site. you just got new information. >> reporter: police just confirmed the people inside the plane during the crash, pilot and passenger, the plane is still here, in this very dark field. we spoke to one neighbor today that heard the plane coming down before it crashed near his house. >> sit out front. it sounded almost like a car going by, and tire. it didn't really sound like it. something wrong with it. >> reporter: police say two people died in a small plane crash north of south lake hospital in clermont. when he heard the single engine plane come down near his house,
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>> i can see the guy laying out, and i went up to him first, and then when i got close, i said he was gone. so i looked around. i saw fuel dripping. there was no fire or fame. >> reporter: investigators say they are still working to find out where it took off from and where it was going with several airports in the area. he tell us he had no idea there were two inside. >> i got emotional when i realized there was two and they were gone. >> the f.a.a. and national transportation safety board have taken over the investigation. >> fortunately, no homes, no injuries except the occupants. it is close to residences, but we were fortunate it didn't explode. no fire, anything of that nature >> reporter: police have confirmed the pilot and
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the cause is under investigation >> anchor: a hit-and-run manhunt in orange county for a suspect who police say killed a bicycle rider trying to get away from police. the crash happened before 11:00 last night on west colonial and lexington a block from i-4. cameras were there as officers investigated. a trooper tried to make a traffic stop. the driver did not stop and eventually hit mcmurray, throwing him off his bike. officers say he was in the turn lane. they found the car abandoned, but are still looking for the drive. if you have any information, you are asked to call police. a family of five and another teenager were hurt after a shotgun accidentally went off at an ocala shooting range. deputies say a man was loading a shotgun when it shot into the
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concrete floor, sending pellets ricocheting. all the injuries are considered minor. nobody is facing charges. >> orange county deputies are investigating stabbing tonight, on orange blossom trail near a deposition. we are still working with vofs to get more information about exactly what happened. as soon as we hear more, we will let you know. clouds moved back in today, bringing a much-needed chance of showers and relief after several brushfires, sending thick smoke into the sky. pinpointing your sunday forecast those rising rain chances. >> yes, we will see some showers tomorrow. unfortunately we also have a chance of storms. with dry and warm conditions and threat of lightning, it can actually make things worse. this evening, all is quiet on the western and eastern front. we have not had rain this evening. tomorrow, that could be a different story.
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area of low pressure complicated frontal system pulling in a fair bit of moisture producing flooding across sections of the deep south. ahead of it, we are getting a strong south southeast wind flow. quite breezy today and it will be again tomorrow. it will also be very warm once again, we are forecasting highs mid 80's, with those gusty winds and showers and storms coming into play in the afternoon. boy, is it feeling like a spring night, we are 72 in orlando, 70 in ocala, 70 midnight in palm coast, and low 70's the brevard coast. we will cool a few degrees as we head overnight with mostly cloudy skies, we expect to be near 67 in the morning in orlando. details on when exactly the storms move in in just a few minutes. >> authorities say they have arrested a man accused of intentionally driving a snowmobile into teams of two mushers in alaska.
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iditarod trail dog sled race. the crash killed one of the dogs and injured at least two others. police arrested the suspect on suspicion of assault, reckless driving and criminal mischief. he said he blacked out returning from drinking in another village we know the name of a man killed in a shooting in apopka, he died after detectives say his girlfriend shot him at a home on east 13th. paramedics rushed him to the hospital where he died. they say wims is cooperating with investigators and gave them a statement. in flagler county, burger king employee is accused of robbing his restaurant. deputies say this guy was wearing a mask when he forced his manager to empty the safe at the burger king at flagler plaza. they found him sitting on a bike
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they noticed the mask. he is in jail now. facing robbery charges. a towering tree falls without warning and lands on two houses. just ahead, the major effort it took to get the tree off these homes and how this was a really, really close call when this tree fell. first, another wrong way driver, another tragic ending, a deputy killed in a head-on crash. hear from family and friends
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>> a hillsborough county deputy has been killed in a wrong way crash. the six year veteran at the center died after a head-on collision on the expressway in tampa. 3:00 a.m., sheriff's deputy was leaving the hospital. the accident investigator finished working on a case as he rode along the expressway. a man heading the wrong direction hit him head-on. his neighbor could not believe it when he got the call. >> he has been a swell guy the three years i have known him.
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>> anchor: last year the deputy was recognized for rescuing a kitten from a storm drain. he helped start a program to locate missing adults and children. >> when a huge old oak tree comes down, this one in particular, watch out. it did today for no apparent reason on top of a couple of houses in downtown orlando. this was almost really, really bad. it took an army of workers attacking this tree from all angles. slicing off limb by limb, bringing down the big ones with a crane big enough to lift a truck. >> two of the lifts were over 6,000, 7,000 pounds. >> anchor: neighbors say the tree started to fall this morning. >> 9:30, we heard a loud bang, jumped out of bed, the house was shaking.
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the first half of the tree went against the house. >> anchor: google maps showed the tree before, spanning two houses, and across the street. the people inside the two story house barely got out. the others barely got away. >> it started coming this way, when we started running. as we rap, it slapped us in the butt as we were running back, and totally came down, kept digging into the house. the couple came out, shaking. >> reporter: the people upstairs in the house he was talking about are homeless. fortunately, there was nobody living downstairs. no one seems to know why it fell. they say it wasn't even really windy. their biggest worry tonight, tarping the roof for the rain tomorrow. the folks in daytona beach have been quite lucky, up until now. i would say the weather has been pretty perfect. at this time, buzzing in daytona beach.
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there's change coming. >> anchor: have to be careful tomorrow. bikers may have thought it was warm, they want to wear their leathers, this week, mid 80's for all the gear. >> anchor: it is over this weekend? >> anchor: the meteorological spring began. what is today? the 20th is when -- yes. we are a few days away. the meteorological spring began march 1. march, april, and may with statistics. a few more days, officially we will be there as well. radar this evening, things are quiet here in central florida. we did have another breezy day out there. and this evening, we still have gusts, 10, nearly 15 miles per hour. the winds back down tonight. they will be picking back up as we head into sunday. we have a big complicated system area of low pressure in the southern plains.
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you see the moisture from the gulf of mexico. into this thing. and we have high pressure in control just off the seaboard. so we have had this strong flow the last several days courtesy of the high. we will feel them again tomorrow. as we talked about off the top of the show, it will be warm once again. temperatures several degrees above average. we will see gusty winds, and we are expecting at the very least scattered showers, and potentially some storms developing, not widespread severe weather risk, but a couple storms have potential to be stronger. we will talk more about that in just a moment. 84 today in orlando. 79 in palm coast. low 80's in deltona. 84 in ocala. you see the low 80's, cape canaveral to melbourne. we are at 73 in kissimmee, 74 in leesburg, 73 in the villages. the numbers almost like a late spring, early summer pattern.
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temperatures quite this mild at this point in march. we will have mostly cloudy skies overnight, and that provides insulation, so the heating we receive during the day gets trapped under clouds and it tends to stay warm, which it will this evening with overnight lows in the upper 60's. you see the forecast model, wanted to put rain in the north playing out. we start tomorrow with cloud cover, this is 9:00 a.m. 2:00, this is when our rain chances really start to go up. you see scattered activity, from kissimmee up through lake county also have activity on the far north end of town. most of us looking at dry conditions. with isolated storms potentially in the north end of orange county, this is 4:00 tomorrow. we are also looking at heavier rain in flagler county, also on the south end of town. as you can see it is widely scattered around the area, we
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may have pockets of heavier rain and potentially lightning. 6:00, things still looking at least scattered as far as showers and storms. things should be drying out and quieting down monday. we are starting off with a very mild day. low 70's, 8:00, 80 noon, mid 80, about where we were today with gusty winds, showers and storms possible, in the afternoon. and then monday, we will take rain chances to 20%. oh, and tonight. clocks forward, as was pointed out to me earlier tonight, most clocks do it automatically now, at least your phone, so you will not be lost if you fail to do it. the rest of the forecast, pretty nice and warm. 83 for saint patrick's day.
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today actually, how one year, a long time ago, we were late to church. it didn't do it automatically. ev ery clock in the house, you had to do it by hand. >> anchor: things are so advanced these days. >> time to live the dream, florida. saturday, march 12, lotto. the jackpot is $8 million. tonight's multiplier is 2. the winning numbers tonight, 45, 25, followed by 18, 14, 19, and 24. now fantasy 5, you could win hundreds of thousands of dollars. tonight's numbers, 31, 27, 19, 3

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