tv 10 News at 1100pm CBS March 12, 2016 11:00pm-11:35pm EST
temple's explanation of evidence, like those shards of glass that police 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. the former prosecutor
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 on any of those tapes in those
>> 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 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. >> reporter: there's no indication that she's talking about this any earlier. >> that's how i read it, because they did have phone calls 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 interviews.
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. nothing. deputy killed investigators say by a wrong way driver... new questions about just how safe our roadways are -
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and contains the best oral decongestant. live claritin clear, with claritin-d. >> there is an innocent man sitting in prison, and he's been there for a 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. you're not going to believe it." >> reporter: judge larry gist
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 victory in this case. >> ( 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? >> i'm afraid to jinx it.
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. >> 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 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. >> reporter: as we sit here
over the last several years as since this trial that has shaken your belief that david temple 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 an innocent man? >> 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 thing.
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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deputy died when a man drove his suv the wrong way on the interchange. darren flowers spoke with a neighbor of the deputy and he said he was the type of person you wanted to live next to. >> another wrong-way driver, another tragic ending. >> what's wrong with these people. >> reporter: the deputy was leaving tampa general hospital. the traffic accident investigator just finished work ag case a.man head the wrong way on the selmon expressway ran into him. it. anybody. >> reporter: the wrong-way driver eeric mcbeth, crashed just west of the i-75 over pass.
when you're pulling up to the expressway, you can see a sign that tells you whether it's open or closed. >> the signs are pretty clear. i mean will is a huge one abig fluorescent sign. >> reporter: many walk this intersection. >> i don't know how you miss that sign. mcbeth died at the scene and the deputy died at the hospital. last year he was recognized for rescue stormy the kitten from a storm train and he helped found a program to locate missing adults and children. >> we'll let you know when the investigation into this is complete. >> meanwhile, law enforcement
across the country offering their condolences tonight during this difficult time. . >> you see here aurora police department spending their condolences from the aurora, colorado police department. clovis police department spending their thought and prayers tonight as well. >> 10 news is staying on top of all of the changes designed to stop these types of crashes from happening. you can see some of the newest tools being used to keep you safe on our free wtsp app. >> a developing story out of tampa, after a person was killed in a hit-and-run crash, deputies are south of 28th
south bound lanes are closed between 28th avenue east and 26th avenue n.no details on the victims or a description of the deliver of the vehicle they say is involved. >> one of your choices for president campaigned in the bay area. marco rubio made a stop in palm harbor today. he talked with dieners at the tiffany's family restaurant. he said he's trying to live in the moment. >> i'm focused on winning florida. i have not thought about wednesday. i don't know what i'm having for lunch or dinner today. i don't even know my schedule. i intend to win florida. we have not made decisions about after florida. >> he won the presidential caucus in washington d.c.. he is heading to orlando tomorrow. >> today there are only two
past to win the republican nomination, donald trump and me. >> ted cruz campaigned in missouri with his baker, carly fiorina. cruz primarily questioned trump's principles and values. stake in wyoming. >> i will not change run ag positive campaign because i will not seek the low road to the highest office in america. >> republican candidate here, john kasich, campaigned in his home state of ohio, telling his supporters they cannot be unified with all of the fighting. donald trump also campaigned in ohio where the republican candidate and his staff had to be quick on their feet.
>> [ commotion ] >> thank you for the warning. i was ready for him but it's much easier if the cops do it, don't we aagree? >> a protester tried to jump on the stage and trump claims the man may have ties to isis. he used the moment to criticize night. >> within the past few hours, protesters at trump's kansas city event still on the street and some pepper sprayed by the police. he said he wants them arrested and it may put an end to the disruptions at the rallies. >> a much friendly crowd today in pinellas county. jonathan spoke to governor
rallies, now becomeing a rallying cry against donald trump on the campaign trail. >> marco rubio brings out the best of people. donald trump brings out the worst in people. >> reporter: south carolina governor nikki haley talked to republicans about how trump divides people. about a third of the room willing to cheer for rubio three days before the florida primary. >> the race in florida is between two people. >> reporter: jeb bush play as huge role in this primary. there are thousands of votes he could have take none absentee ballots that were sent in before he dropped out. >> a lot of people are waiting till the last minute and some made up their mind along time ago. >> are all republicans still stand united behind one canadien d.
>> any of them is better than hillary clinton. >> speaking of hillary clinton and the democrats now, hillary clinton calling out donald trump for encouraging violence and aggression. >> if you play with matches you can start a fire you can't control. that is not leadership. that is political arson. >> clinton went on to ask voters to stand up to bullying. hillary clinton picked up more superdelegates. they can back any candidate they wish. bernie sanders held a rally at the university of illinois. he explained why heathiest donald trump as president is a dangerous decision. >> how do you have a president of the united states who insults latin america and our neighbors? how do you have that? he wants to be president
largest religions in the world. >> sanders does not want the en dorisment of chicago mayor ham mayor rham emanuel. >> sarah palin is returning on behalf of donald trump. trump will be in boca raton at 6:00 p.m.. all of these delegates are at stake this tuesday. florida is one hold ag primary march sabathia. you can expect complete coverage here on 10 news and wtsp.com. >> mario andretti, we'll catch grand prix. the shot of the day coming to you from the championship.
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>> our own meteorologist, kate wentzel, stopped by. gorgeous weather today to take that in and anything else -- you wanted to do. we could see scattered somehow s tomorrow. we want to show you storm tracker 10. we are nice and quiet so no worries right now. the temperatures are in the low 70s. it's warm and humid out there. it's feeling more like summer time than march. high pressure has been our dom in fact weather feature over the past few days. we're seeing it parked out there in the atlantic. winds have been out of the south and southeast. we don't have to look far to the north and northwest before we start to see lots of showers. these showers and perhap as storm or two will be moving into the bay area as we head
into your sunday early to late afternoon. this is just the scene from peroneal forming arts center camera today. basically filtered sunshine. current winds, it's breezy along the coast in clearwater. st. petersburg seeing southerly winds at 14 miles per hour and calmer for folks inland. high pressure is going to scoot off to the east. the short waves are going to be moving through the bay area. that is why we do expect some scattered showers but not too much in the way of storms, just a few straight storms. sunday morning, a few isolate #- d showers but most of the rain holds off until late mother the day. temperatures are about 10 degrees above where we typically r.average low around
58 degrees for tampa. sunday we'll see some bright skies but partly cloudy skies will be the rulement we could see a few storms. we'll monitor it for you but we don't expect. that very warm day especially inland to the east of i-75. look at polk county. plant city 85, 84 in dade estimate slightly cooler there by the coast. 77 st. pete and clearwater around 79 degrees. let's time out the rain for you with your futurecast model. we'll show you 8:00 in the morning. mostly cloudy skies, winds out of the south-southeast. a dry start the first half of the day. the best time to get outside
this is 11:00 and we're seeing showers around pinellas county. you can see the moisture moving in from the full of and it's going to be scattered in ney show. likely not everybody will see rain. there could be a potential for isolated storms. through sunday evening we start to quiet down. lots going on in the bay area this weekend. we have a gasparilla music festival. do not change your fans. you may not see rain right there at the curtis hickson park. also the strawberry city. 83-degrees in plant city, warm and breezy afew scattered showers with winds out of the southwest at 15. 40% chance of rain, scattered showers. the window mainly 1:00 p.m. to 6:00 p.m.. don't to get we spring forward tonight.
before you go to bed a.chance of showers on monday, tuesday, wednesday, thursday looking nice but friday and saturday rain chances are back. looks like this front will stall across central florida bringing us a chance of rain saturday and sunday too. that's the next storm system on the horizon. 50% chance of showers for saturday and you can keep on top of the weather by download the 10 news app free in the app store. >> matt moor is looking good in spring training. why it has nothing to do with the colossal curl at adventure island. it's not just a water slide, it's a thrill slide. pand if you get the busch gardens p fun card now you'll also get pan adventure island fun card for rfree. restrictions apply visit adventure island dot com for details or to purchase
is the economy rigged? well, the 15 richest americans acquired more wealth in two years than the bottom 100 million people combined. i'm bernie sanders, and i approve this message. my
plan -- make wall street banks and the ultra-rich pay their fair share of taxes, provide living wages for working people, ensure equal pay for women. the middle class will continue to disappear unless we level