David Temple out of jail but not out of the woods

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HOUSTON - Former Alief High School coach David Temple appeared in Harris County court Wednesday, trying to clear his name.

He's still charged with the murder of his pregnant wife Belinda in 1999 but insists he's innocent. Temple was found guilty of the murder back  in 2007, but last week the Texas Court of Criminal Appeals overturned the conviction amid findings that prosecutors withheld evidence from the defense.

Temple was released from prison on bond last week after serving nine years behind bars. Now, the accused killer and his lawyer hope to prove that he was not the gunman who executed his wife.

Andy Kahan, an advocate for the victim's family, says the prosecution's misconduct doesn't change the evidence presented during trial. Kahan also says the victim's family has never doubted the jury's guilty verdict in 2007. But Temple's attorney says the state mishandled the case from the beginning, waiting five years to file charges with no DNA evidence or a murder weapon.

Temple will be back in court in March to determine how the murder case proceeds, but he hopes for a fresh start.

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