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 hasnt 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 didnt 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 audiotaped interviews conducted at belindas 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 interviews. Reporter but casie gotro says those tapes change everything. They would have decimated the states 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 dont 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 theres no indication that shes talking about this any earlier. Thats how i read it, because they did have phone calls earlier that day. Reporter she makes no reference of that. She doesnt say that its happening later, either. Yall are reading into that what you want to read into it. Reporter temples 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. Kellys timeline cant be. David cant 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. I mean, hes 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 didnt smile, he didnt frown, he didnt scowl. Nothing. Nothing. Isuave professionalsof is a beautiful blend. Moroccan infusion for shine, keratin infusion for smoothness, sea mineral infusion for volume, and discover new coconut oil infusion for repair. 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If you have a weakened immune system, you may have a lower response to the vaccine. Common side effects were pain, redness or swelling at the injection site, limited arm movement, fatigue, headache, muscle or joint pain, less appetite, chills, or rash. Get this one done. Ask your doctor or pharmacist about prevnar 13® today. Rwith eight times mores fragrance control,zes. The new air wick® Scented Oil Warmer lets you dial up or down. For the perfect amount of fragrance. No matter the size of the room. Air wick®. Home is in the air™. Find fast relief behind the counter allergies with nasal congestion . With claritind. [ upbeat music ] strut past that aisle for the allergy relief that starts working in as little as 30 minutes and contains the best oral decongestant. Live claritin clear, with claritind. There is an innocent man sitting in prison, and hes been there for a long time. Reporter david temples attorneys werent 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 dont get a prison named after you by being prodefense. 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, youre not going to believe it. Youre not going to believe it. 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 didnt, 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 wasnt 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 its the first step because, strong as it is, the judges decision is a recommendation to a higher court, the texas court of criminal appeals. Thats where david temples fate will be decided. How confident are you that the court of criminal appeals will order a new trial . Im afraid to jinx it. Im 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 wouldnt be harder because this time were 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 wont happen without a fight. The Harris County d. A. Has filed an 80page objection to gists findings, aggressively defending temples conviction and Kelly Sieglers conduct at his trial. Judge gists 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, hes 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 gists 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 temples 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 temples second wife, heather. I may be biased, but hes the finest young man that walks this planet, im telling you. Hes got so much of his mother in him that. Its every time you look at him. Reporter but Kelly Siegler says others in belindas family are still struggling to cope. I wish that people could understand what it feels like to. To be belindas family when theyre in the middle of this neverending appellate process that makes no sense. They dont understand it, and, frankly, neither do i. Reporter as we sit here today, have you heard anything over the last several years as since this trial that has shaken your belief that david temple murdered his wife . No. Reporter siegler hasnt 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. Thats correct. Reporter after a lifetime in law enforcement, he left the district attorneys office. Thats 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 isnt always the easiest thing. And i think ive done the right thing. 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 theyre 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 access. Wgbh. Org from the cbs Broadcast Center in philadelphia this is cbs3 Eyewitness News. Right now on Eyewitness News a Chester Police officer shot in the line of duty. What eyewitnesses tell us about the moment the gunfire erupted. Good evening everyone im natasha brown. Thank you very much for joining us. The shooting also left one person dead and another in the hospital. Right now tensions are running high in the neighborhood where all of this happened. Eyewitness News Reporter alex hoff has more. It was the report of a vehicle matching the description of a stolen one that started what soon became a deadly he can change. When i got out of the car i seen they poured over the silver whatever that car was. She had just stopped on Parker Street and union around 4 00 in the afternoon and saw officers begin to approach car. They were telling the people in the car to surrender with their hands up and stuff. Reporter according to police the three occupants of the vehicle remained inside but were uncooperative. Its our understanding someone from the car began shooting at the police. Police returned fire and we now have a situation where we have policeman in the hospital shot. We have a deceased party from the car and we have an injured party from the car also at the hospital. Reporter family of occupants from the car along with police gathere gathered atr medical zen. The officer injured captain alan davis 25 year veteran of the Chester Police force. Everybody came out their house. Snapping on the cops like trying to figure out why yall not telling us anything. Reporter as the evening continued, tensions back on the street grew. Police had to come physically involved telling Eyewitness News that they had bottles and rocks thrown at them. Its unfortunate on both en ends. Theres nothing good about this. Unfortunately you have a situation where someones actions cost a terrible incide incident. Reporter there was at least one other person inside that vehicle. Therapy taken into Police Custody uninjured. Police are now investigating whether or not that vehicle that they pulled over was in fact stolen. Reporting from Chester Crozer Medical Center alexandria hoff cbs3 oy were the news. Also tonight new Jersey State Police say a wellknown basketball player was involved in a car crash that led to the death avenue state trooper earlier this week. Dujuan wagner a cam high star who had pro career cut short by injury. Wagner cars was rear ended on monday night by another vehicle in west deptford. Trooper sean cullen responded to that crash and was fatally struck by a passing car. Wagner was treated for minor injuries and the crash does remain under investigation. Also tonight, at Philadelphia International airport a pilot created a security scare when he left his handgun inside a bathroom. The gun was inside a toilet tree bag and when he returned to retrieve the bag it was gone. The airport delayed all flights while authorities searched for that weapon. Investigators determined an airport janitor stole the bag. The fact that they got the gun is great but got to take care every day. I travel all over the world and you got to be on it. If you see something, say something. Reporter the incident caused 16 flights to be delayed for nearly an hour. The airport janitor is now charged with theft and other related offenses. After a stretch of warm, dry and beautiful weather, it looks like were going to need umbrellas coming up this week. Meteorologist Katie Fehlinger is here tonight much whats it looking like. Definitely looking like that is correct. Natasha, rain gear on the order of business for us here looking forward. Well start things off by talking about the fact thats time to spring forward here. Were starting to gather little bit of additional daylight length here. Tonight the sunset at 6 05. Tomorrow it sets at 70 00 6 00 p. M. Sips its time now to set those clocks ahead by one hour for Daylight Saving time and that means were also gaping 2. 5 minutes of day late light with every passing day in addition to Daylight Saving type. Really looking at longer days with every passing days. That starts starts toed a up quickly. Storm scan nice and quiet for now. That will be changing with time here eventually wet weather on the move for us here it moves into specifically tomorrow p. M. Well see about 40 chance for rain and at any given locate tomorrow. By monday, that threat goes way up which well be discussing as the show progresses and well even have chances for it on tuesday. Come wednesday thing dry out. In the men time not looking all that bad tomorrow. I wouldnt call eight wash out by any means but a little bit of rain to track especially for the p. M. Time frame for the folks down at the shore and also late day shower that will have to track out in the pocono region as well. Temperatures meanwhile technically still above average in the mid and upper 50s here around the he john as a whole. By comparison to the 80s and and 70s and 60s we have have been enjoying the it had feel chiller in the days ahead. Back to you. All right, ill keep my jacket close. Thank you very much, katie. March madness is upon us and for philadelphia basketball fans its a very exciting forts sports weekend. We have local teams in action tonight and eyewitness Sports Reporter and anchor pat gallen joins us live from new york city with more on that. Hey, pat. Reporter hi, natasha. Were live outside Madison Square garden interesting night out here. Interesting night in inside as villanova took on seton hall for the big east championship. More on that in a minute. We started the night at brooklyn at the Barclay Center st. Joes took on dayton. Second half hawk up by seven. Isaia miles he will drill a three. He would put st. Joes up 10. He had 26 points. The flyers would cut the lead to three. Papa got hot scored allege straight. St. Joes beats dayton 8279. Theyll bcu tomorrow in the finals. Im a little bit miffed because we didnt finish. Yesterday we finish. Today we kind of like skipped along to the finish line. Well have to be tougher tomorrow. Reporter here at msg villanova did fall to seton hall 6967. Well have more on that. I talk to jay wright oneonone head coach of villanova. Well hear all of that plus your full night in sports thats coming up a little bit later on. Live outside Madison Square garden. Pat gallen for cbs3 eyewitness sports. Natasha, balk to you good pat, check in again with you soon. Join us tomorrow morning for special 11 30 a. M. Newscast. Well be on just before st. Joes tips off against bcu and be live on the st. Joes campus. Again thats at 11 30 tomorrow morning right here on cbs3. The trains will keep rolling new Jersey Transit and its rail Union Workers reached a tentative agreement to avoid a strike. Workers threatened to walk off the job at 12 0 1 00 a. M. Sund sunday. Its no deal has been agreed upon. At the center of the dispute wages and the amount that employees contribute for health benefits. Estimated 160,000 rail riders depend on new Jersey Transit on any given weekday. Im glad theyre not going on strike. I need transportation to get back and forth to work. It means to a lot to me theyre not going. Because i dont drive so i depend on it every night coming home from work. We are still awaiting all the details of this new contract cuply on the table. Campaign 2016. New tonight protesters are once again making their voices heard at a donald trump rally. Today the front runner had security scare. Cbs news correspondent brook silva bragg has dough tails. Reporter secret Service Agents formed a circle around donald trump as a money tried to rush the state at a rally in ohio saturday. Trump was canceled to caw forced to cancel an event saturday. The chaos spilled into the votes where police made several arrests. Including cbs journalist so pan,. There have been other groups of coordinated protests at pass rallies but nothing as massive what i saw last night. The front runner decline to take responsibility. They want me to tell my people, please be nice. Be nice. My people are nice. Instead he blamed supporters of democratic president ial candidate Bernie Sanders for instigating the violence. What supporters are doing is responding to a candidate who has in fact in many ways encouraged violence. Reporter trumps gop rivals criticized the protesters but also fault the the billionaire. Donald trump is created a toxic environment. At this moment i continue so to support the republican nominee. Its getting harder every day. Responsibility begins and ends at the top. Reporter trump has rallies in thee states scheduled for sunday. Democratic front runner Hillary Clinton meantime also weighed in on the situation today at a rally in cleveland. Clinton put the blame squarely on trumps shoulders. She said trump epp courage the violence season now going to have to dell with the consequences. If you play with matches, you can start a fire. You cant control. That is not leadership. That is political arson. Clinton also called trauma app bully and said voters should condemn violence regardless of political affiliation. Stay with Eyewitness News for complete coverage of campaign 2016. We will have the very latest for you both on air and on our website cbsphilly. Com. Now a disturbing incident at the i writ rod in alaska today. Police say a man intentionally crashed a snow mobile into two dog sled teams leaving one of the animals dead. Both incidents happened near the western alaskan city of new lotto. The snow mobile identified as 26yearold arnold demaxki he drove away and called police later and confessed. Both teams will finish the race and one racer described the terrible moments of the attack. It was horrible. A couple of seconds that were last for long time. The rest of my dogs are fine. The ones who were hurt have been given good care and are back in anchorage. He said a local alaska news outlet he told him he was not trying to hit the dogs on purpose. He claims he doesnt remember the incident at all because he had been drinking heavily. He now faces definitely charges in this case. Stay with us. Still to come tonight on Eyewitness News, vandals hit local high school doing tens of thousands of dollars worth of damage. How the community is now rallying together to help. Plus deadly flooding hits the south. How many people have now been rescued and how many have died. Katie . And natasha, fortunately unfortunately some of that wet weather is headed our way. Well be timing out a multi day event of wet weather issues in our area. Ill tell when you the heaviest rain is set to arrive. Thats coming up. Ive been a turkey farmer my whole life. And i raise turkey for shady brook farms®. We dont use growthpromoting antibiotics, thats just the way things should be done. Thats important to me. My name is glenn, and im an independent turkey farmer. female announcer shady brook farms®. No growthpromoting antibiotics, just honest, simple turkey. Severe weather is to blame for the deaths of three people in northern louisiana. This drone footage shows devastation near shreveport. Mandatory evacuations were ordered and the Louisiana National guard rescued more than 2100 people and nearly 200 pets. Also tonight Community Joins together after vandals destroy the work of some Philadelphia High School students. Eyewitness News Reporter anita oh has the story. Reporter it was a day of clean up picking up and raking up. For large group at Lankenau High School after vandals riding at atvs destroyed much of the School Grounds in february. Its absolutely a sin what they did to the grounds. This was outrageous. Weve never seen anything lick this. Especially since lankenau is an Environmental Science school. We have School Curriculum depending on this. Reporter students like john how well are part of a botany club. A lot of hard work was put into outside and for someone to destroy it like that all the hard work vanish really hurts. Reporter damage left behind is pretty extensive. All of this should be grass. As you can see all thats left behind is overturned dirt like this and estimated cost of up to 50,000 and a students volunteer they are time four Contracting Companies have actually donated their resources completely footing the bill. Seeing the fact that were from this community, we grew up here, we feel its only right to help out. Reporter and so they lost lot this alone took at least two years. Reporter like the hints of spring beginning to bloom theres a promise of renewal and rebirth. Something even better than what was here before. In roxborough, anita oh cbs cbs3 Eyewitness News. All right. Katie fehlinger staying up late with us tonight. It feels very late to me. From her normal morning duties. Were glad to have you here. Im happy to be here. I guess we need the rain. At some point you got to have the rain. But with that said it is on the way it look like a couple days worth of at left poe tennessee shall for wet weather. Were in the talking about three days of washout, sunday, monday and tuesday. All three. Umhmm. All three. Another day down road here, too. I have good news as well. Start things off with a quick check of skycam3 taking a peek from Hotel Bethlehem overlooking main street in bethlehem and they did have st. Patricks day parade earlier on today. Don gallon square prime spot on main street. So, yeah, off to a pretty quiet start to the overnight, but that is going to be something that does change with time. As i allude to moment ago and as we go next over to storm scan3 youll see some of the moisture starting to lift here very moisture rich air mass this is the same one responsible for all of that flooding rain that came down across the deep south down through louisiana, portions of michigan, see how its lifting north right along the riff bed here unfortunately, too. Ohio and mississippi rivers re really getting bomb barred with soaking rain much this is headed our way. Im not necessarily worried about any kind of major floo flooding. Future rain amounts and the current computer modeling definitely expecting to pick up decent rain out of this lets walk you forward starting noontime sunday and all the way through monday night. This is as far out as this particular model will go for now but picking up that end up with at least an inch. I would with say one to 2inches not out of the question for area to pick up from this system. So basically what happens is a front stalls out. Well see a few pieces energy move along it through the next couple of days well have to dodge raindrops a little bit of rain primarily p. M. Hours tomorrow. Monday morning, thats when youll see instead yesterday heaviest rain come maybe toward midday it by monday p. M. That rain tapers off. Catch lull in the action and then Tuesday Morning there will be a few additional showers around to dodge before it all winds down. In addition to the rain, youll notice that its very very just raw as we look ahead to monday when it comes to the wind because look what happens. Okay. Were talking tomorrow morning the winds pretty calm kind of happen hazard. Watch the arrows. You see how they sort of shift on shore with time. By sunday afternoon its not windy your wind flow shivved on shore the wind picks up through the course of monday when its really cranking 15 to 20 Miles Per Hour sustain any time, thats going to feel really really chilly in tandem with the rain coming down not the prettiest day or nicest way to kick start the work or school week. There you have it. It looks locate it will taper off as we look ahead to tuesday many for now as we go to out life Neighbor Network temperatures above average. Flirting with 50. Kennett square, ardmore, bensalem, hainesport all four above average for now and well keep it that way. Somewhat steady with that meters readings through the overnight. We start the day off quite tomorrow. But eventually rain is in the forecast for the second half of the day most especially and then heres our nice festive leprechaun graphic. I love this. Our festive holiday graphics are the best. 66 degrees by thursday. There will be be a couple of showers around but it could be worse. A couple of peeks of sun along the way. St. Patricks day right around the corner all right. 57 tomorrows high. On monday, yeah, chill yesterday day of the forecast. Thats the day i would use the descriptive word raw. It it will feel chilly and breezy with the rain coming down not the prettiest day. Theres a light at the end of the tunnel. Come wednesday, 71 degrees again. Nice. Feeling like may. And the sun is back. Just a few days. Few days of eh. It has to be there at some point. I got the umbrella happy. Thank you very much, katie. Does were coming right back with a live sports no matter where you look, you wont find another small commercial van that can fit more, carry more weight, and yet go farther on a tank of gas than the Ram Promaster city. Hurry in to your ram dealer for details on all current incentives
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