harris county 911. >> my wife has been shot. oh, my god. oh, jesus. she's eight months pregnant. >> she seemed to have all the same elements that the scott peterson case did. you have a pregnant wife dead. and husband having an affair. >> he was having an affair, so he must have killed her. but lots and lots of people that have affairs don't kill their wives. >> the jury has reached a verdict. >> let me tell you about january 11th, 1999. it was not a he b invasion. the gate was open, the door was broken. >> david runs upstairs and finds

her. >> if your pregnant wife is killed, most people say, i would freak out. >> as an investigator, when something doesn't look right. and that didn't look right to me. >> the proverbial other woman enters the picture. >> she was young, single, and smoking hot. >> heather scott drops a bomb. >> they're not doing an investigation, they're doing a witch hunt. >> an innocent man is sitting in prison for something he didn't do. >> the state of texas versus david mark temple. >> all rise. 178th district criminal court is now in session. honorable judge kelli johnson presiding. >> this is a case about a love triangle that turned deadly. >> this was a pregnant, almost

ready to deliver woman, who was put on her knees in the closet and shot in the back of the head. >> it's been 20 years since belinda temple's murder, and there was her now grown-up son, evan, in court. he's supporting his father, but this trial is about the death of his mother. >> i've been covering the david temple story for a long time, and wondering whether he was going to be convicted or not. >> in a lot of cases where a husband is suspected of killing his pregnant wife, it's not very close. this case, there are some real questions. >> one day you might feel one way, the other day completely a different way. >> there's just been a struggle in the conscience of houstonians about whether or not he really did it. >> belinda temple was a lovely teacher, a lovely mother, and a lovely wife, and there is only

one person on this earth who had the motive, the means, and the opportunity to cause her death. and that was this defendant, her husband of seven years. >> we're going to hear a story of betrayal. first, david temple's betrayal of his wife, of his son. the second betrayal is law enforcement's betrayal of us, which brought us here today. david temple could not, could not have killed his wife, even though he betrayed her. ♪ >> david temple is a star football player at katy high school for the katy tigers. he's really kind of a local hero around town. >> he was a terrific linebacker,

and they tagged him with a nickname, the temple of doom. >> interestingly, renee zellweger was a cheerleader at katy high school at the same time that david temple went there. she's going to go on one day to talk about it on jimmy fallon. >> get ready. get set. the tiger team is the best yet. get ready. get set. >> david ended up getting a scholarship to steven f. austin university in nacogdoches. david was number 42. >> david temple, the linebacker. he's 5'11", 233, out of katy, texas. >> i think one of the reasons he was such a good middle linebacker is because he felt that need to be in charge. >> he was a very aggressive person, you know, on the football field and off. >> in '89, we won the first conference championship at the

history of the university. everybody got a ring. >> it's at steven f. austin university where david temple would end up crossing paths with a local girl named belinda lucas. >> belinda grew up in nacogdoches. it's rural. a very small, quaint environment. >> she always had a smile on her face. and she loved life and she loved people. >> belinda was an athlete and quite an athlete, and i'm sure that's probably what attracted david to her, being, you know, the sports big man on campus star that he was. >> he was very affectionate with her. he always had his arm around her. they did everything the fairytale way. >> after dating for just a year, david drops down on one knee at the 50 yard line to propose to

belinda. and of course, she said yes. >> he came over and asked for her hand in marriage and we thought that was a neat thing. >> they both get their master's in education, and then shortly after, here comes evan temple. and then they end up moving back to katy, david's hometown, to settle down. >> katy, texas, was really known for its rice farms and the railroad. farmers would ship their rice right through the center of town. it's also known as the waterfowl hunting capital of the world. >> belinda and david end up moving to a very nice neighborhood. it was the all-american town. >> they had a nice home with a backyard and a friendly dog. so they had a great life.

>> belinda and david both get jobs as teachers. david got a job as a high school football coach and a teacher at alief hastings. >> the first time i met david temple was at a coaches and wives get together. very, very tough looking. >> i think coach temple was a great coach. he was intense. he's the one you didn't want to -- off. >> at david's trial, friends paint a vivid picture of this young couple moving to a small town with their future ahead of them. >> we became friends. our wives became friends. >> we just clicked immediately. we spent a lot of time together because our husbands were gone and we had small children. >> you have to be a very special person to be a coach's wife. not everybody's cut out for that. you're practically a single mother during football season. >> at the same time david is a football coach over at alief, his wife belinda is now teaching

special ed at his former alma mater, katy high school. >> we called her our sunshine lady. she was just a bubbly young woman and loved teaching. >> but the one thing that she might've loved even more than that was being a mom. >> she was very caring and loving with evan. after a full day of work, no matter how tired she was, every day they would be playing in the driveway, and it was pretty consistent. >> both david and belinda doted on evan. you know, kind of the light of their world. >> how would you describe david temple as a father? >> everyone had told me he was a committed father, and i think the best evidence of who david is, is evan, is the young man that the jury met. >> when we did our abcs, when we would get to the letter "s" he would sing a song that he said him and his mom would sing together. >> he would just break out on

his own? >> yes. he would sit up on his knees above everybody else, and he would just start singing "you are my sunshine." >> it's summer of 1998 and belinda finds out she is expanding her family. >> she was having a little girl and she was so excited about a new little girl. >> i got a boy, a girl, two teachers, you can't describe a better all-american family. >> i walked in the nursery and it was a beautiful bright yellow. the baby girl's name was supposed to be erin. i had asked her at that time when the baby was due again, and she said, "about a month." >> there is so much excitement around this new baby girl, and then it all comes to a screeching halt when a typical day turns chaotic. >> belinda, you know, whether she knew it or not was extremely vulnerable at that time.

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>> harris county 911. >> i think my wife, she's been shot. oh, my god. oh, jesus. i've got blood everywhere. >> okay, sir, is she breathing? >> no, i think she's already dead. she's eight months pregnant. >> let me tell you about january 11th, 1999. it was not a normal day. and the reason why it was not a normal day is because evan was ill. >> that day he was not wanting to play with any of the other kids. he didn't want to eat, and that was one thing that he loved to do. he felt a little warm to us.

>> belinda got a call from the daycare center. so she had to go pick up evan. >> she didn't want to leave school. not only does she want to hold her days, but she had an after school meeting, so when she got the call, she immediately started trying to call the defendant. she called and she called and she couldn't get him. folks, she was miffed. >> she was just like, "i don't know where he's at. he should be at work. i can't get ahold of him." probably the most frustrated i'd seen her. >> she didn't seem like she was in a very good mood. she picked him up, carried him, and left. >> she is going to take evan home, he's sick. at what point does she get ahold of david? >> the phone records show, i think, that she finally got ahold of him somewhere around 12:10 and 12:15 p.m., and he left the school campus and went the house. >> reporter: how was evan doing by the time david arrives home?

>> according to what we know, he was asleep. >> as soon as david gets home, belinda heads back to katy high school. >> she returned to school at 1:00 p.m. i remember looking at the clock and i said, you were fast, belinda, you did a good job. >> she left the school around 3:20 to 3:30 p.m. >> reporter: according to david, belinda comes home and goes upstairs to rest and he plans to take evan to the park and to run some errands. >> when david comes home, it looks like there'd been a home invasion. the gate is open, the door has been broken, and he knows that something is really wrong. >> he panics and he takes evan across the street to their friends. >> and he starts banging on mike ruggiero's door.

>> it was, "mike, mike, mike. this is david. open up the door." >> david's usually very quiet, so you knew that something was going on. >> i saw david temple with his 3-year-old son evan at the door. >> he just shoved him into my husband and said, call 911, someone's broken in the house. my husband turned around, shoved evan in my arms. >> here, you take evan. i'm going after david. >> david then takes off like a linebacker after a running back and barrels through the back gate. he runs upstairs and finds belinda. he immediately goes to the landline and calls 911. >> does she have a pulse?

>> no, she's dead. oh. jesus christ. >> i responded along with another paramedic. there's certain calls you never forget. this is one of them. >> okay. i want you to do cpr for that baby. >> okay. >> okay? >> yes. >> reporter: with the injuries that belinda had, it was instant death. >> blood flow would have ceased almost at the same time as the shot was fired. or very shortly thereafter. once her blood flow ceased, the baby would very soon be robbed of oxygen. >> i can't, her head's just gone. jesus christ. oh. >> is there any way you could do this? >> there's just no way.

>> when i got to the gate and attempted to open the gate to go in, shaka was there. >> shaka was the temple family dog. and he was the biggest, baddest, fiercest watchdog in all of the neighborhood. >> there was a call put out. we had learned that someone had been shot. >> the dog was barking at us, actually jumping against the fence. he was extremely aggressive. >> then police get to the scene, they can't even get inside the house because the dog looks like he's ready to attack. they're getting ready to shoot the dog, and that's when david comes out. >> he said, my wife has been shot and she's dead. >> i was the first sheriff's department person to arrive. it was a death investigation.

>> at first glance, it looks just like a burglary. you see forced entry to the back door, and that's kind of what you think. >> once they get to the master bedroom closet, the scene is horrific. >> the victim laying on the floor of the closet. head's kind of underneath the pair of jeans there. >> belinda was lying dead in her master bedroom closet, on her stomach, on top of baby erin, with a massive wound to the back of her head. >> based on the size of the wound, it was determined that belinda was killed with a 12-gauge shotgun. >> cops search the house and they find two rifles, but they don't find a shotgun. >> so there was no murder weapon at the scene. >> that's a day that i'll never forget. i went to my knees. i wanted the right person arrested. i brought that girl into this world. and i figured it was my duty to take care of her.

>> i was home and i didn't hear anything. i didn't hear anything. >> we have breaking news to report tonight, an eight month pregnant woman is dead. >> investigators work the crime scene for hours and they start to kind of realize that things aren't making sense. >> as an investigator, you just know when you see something that doesn't look right. and that didn't look right to me.

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than your current internet service, we'll give you 300 dollars for your time. call now to get your comcast business 10 minute advantage and take your business beyond. comcast business. beyond fast. our top story on eyewitness news, a katy high school teacher, eight months pregnant. >> belinda temple was murdered execution style yesterday. >> a husband makes a gruesome discovery. >> and i didn't know it was somebody targeting coaches' wives. i was scared to go home, unless my husband was there. >> we didn't know if it was just some random kids coming in, trying to steal stuff. and she got in the way.

and so they killed her. >> with the killer still on the loose, the neighborhood is uneasy. >> she's a very nice person. it just -- it's kind of scary happening in your own neighborhood and right next door to me. >> i live right around the corner. and to believe that something like this could happen in our little neighborhood was just unbelievable. >> students are now grieving for their loss. >> she helped a lot of troubled teens. she was a good person. she didn't deserve this. >> one of the first things that strikes the investigators is that this murder happened in broad daylight. >> not even the dumbest burglar in the world is going to break into a home when people are coming home from work, go up and shoot and execute a pregnant woman. >> when police first go in, it looks like a burglary but as they start looking at it a lot more closely, things aren't adding up.

>> as an investigator you just know when you see something that doesn't look right. >> do you have an opinion about this crime scene? >> that it was staged. >> if it's a burglary, and the door is closed, and somebody punches through the window frame, why is the glass scattered over to the side as opposed to straight into the house, onto the couch? >> i mean, you can see there's a couple pieces. >> doesn't that cause a little suspicion though? >> but that doesn't mean that dave is the one that broke the glass. >> the only way that glass could have gotten where all that glass was -- was if the door was open when the glass was broken. i think we can all agree, if the door was open when the glass was broken, this ain't no burglary. >> so as investigators see this big gigantic television, looks to be kind of laid on its side and still plugged in.

>> there was scrape marks where it appeared that the tv may have just been slid down. >> investigators are now starting to wonder, what has been taken? >> and we noticed several drawers were opened. but the contents of the drawers weren't disturbed. >> it was kind of, what was the point of opening it? it looked like nothing had been really touched. >> belinda's jewelry box was there on her dresser, closed, appearing to be totally undisturbed. more tellingly, there was a tray in the open, in plain view, that had this defendant's old wedding ring, a big, thick gold chain, his watch, and his huge conference championship ring. all very valuable, all undisturbed. >> drawers are open but undisturbed. jewelry is in plain sight. investigators say this just looks like a staged burglary. >> david's jewelry was on a dresser out of a line of sight

of the door, in a dish behind the tv set. so someone coming in the door, going into the bathroom and into the closet, is not gonna see that jewelry. >> but there's other jewelry that belinda is wearing when she's murdered. and investigators notice that she still has it on. >> she had some jewelry, some bracelets on. her ring on her hand and a gold necklace. >> in the days after this murder, investigators combed through all the rice fields, in ponds, but a murder weapon was never found. >> even though the shotgun used to kill belinda wasn't found, investigators were able to find clues as to the shell that was used to kill her still in her body. >> at autopsy, did you observe any sort of firearm evidence that was collected? >> there were pellets from the shotgun round.

there was wadding from the shotgun round. >> wadding is the plastic filling to keep everything together within a shotgun shell. >> based on the pellets that were found, investigators figure out that it's a double-aught buckshot shell that was used to commit this crime. >> 12-gauge double-aught buckshot shells are used for hunting deer. it's also primarily now used for self defense. >> the scene looked suspicious. and the police started to shift their focus. they started looking at david. he's her husband. and he was the last person to see her alive. >> there was simply no dna, no blood, no anything that could tie david temple to the shooting itself. >> did you examine his clothing to see if there was any blood on it? >> i'm sure if i'd seen blood on his, i would've noted it. >> it's a chaotic and a bloody scene. >> right. >> how come he's not bloody?

>> he did not get down. or if he did get down, he just reached down and touched her neck. >> a distraught husband doesn't get down to try to grab his wife or help his wife? >> people respond differently. and i can't explain what happened at that time. >> gosh, dave, there's no blood on you. that's miraculous. how did that happen? you know, brains are splattered. and i don't mean to be graphic. but it's reality. yet there's not a speck. nothing. >> the night of the murder, investigators end up taking david to a small substation as opposed to the main police headquarters. now, in this substation there is no recording devices. detectives literally typed out david's statement. >> she got home around 3:45 p.m. and went upstairs to lay down. while she was resting, i took my

son to the park near our subdivision and then to the grocery store and home depot. >> when you asked him to clarify the name of the park, do you recall what he told you? >> he gave two different parks. >> this is a pretty tragic and memorable moment. how is it he wasn't able to remember the park that he took evan to? >> he knows that he was heading toward a park. he says, "i was going to peckham park. but then evan wanted a cold drink. and we went to brookshire brothers to get the cold drink." >> this question of. did he go to the park, which park did he go to, becomes critical and when he's giving an inconsistent account. that's a very damning piece of evidence. >> i believe i told him that, at that time, i couldn't eliminate him as not being involved in it. >> obviously police are growing really suspicious. and they're looking at david. but he seemingly has an airtight

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the day of the murder, just hours after belinda had been killed, david's family had reached out to a lawyer. >> i got a phone call fairly late in the evening that david's wife had been murdered and that they believed he was being treated as a suspect. because it's almost always the husband, they're not doing an investigation. they're doing a witch hunt.

i was driving at speeds in excess of 130 to get to david's parents' home, and i got there very quickly. i told him, either you're innocent and we have to have a full and complete investigation, or you did it and we need to make sure that nobody can figure out enough to prove it in court. i need to take one of those tracks. and he had no hesitation at all. he said, "i'm innocent. you do anything you have to do to make sure that these people are caught." >> my name is steve wakowski with the harris county sheriff's department. >> as the investigation unfolds, there are three key witnesses that investigators want to talk to, but they're just children. >> i am at the residence of alexander and linda roberts. >> the roberts family lived

immediately behind the temple family, with the garage in between the two houses. >> investigators learn that the roberts brothers might have information that could help them pinpoint the time of death, which the medical examiner couldn't do. >> what these young men said was that they got off the bus and went home, and they had a snack, did a little homework, and they started watching "dr. dolittle"" >> good evening, doctor. >> while you were watching "dr. doolittle," did something happen? >> there was a noise, like, boom. >> even though there were no eyewitnesses to belinda temple's murder, arguably there were ear witnesses. >> i heard, like, this big boom,

like, boom. >> what did you think the boom was at first? >> a firecracker. >> and then what did you think? >> gunshot. >> with law enforcement, they picked the spot in the movie where they heard this noise, and that time was around 4:35. >> why was that key for you, that they heard this noise at about 4:35? >> if they heard a gunshot at 4:35, david was at brookshire brothers. >> surveillance video actually captures david across town, nowhere near his house at a grocery store. then there's one more video at 5:14, at a home depot. >> so we have these two surveillance videos where david is captured throughout the afternoon on camera. it's an airtight alibi. so investigators are now starting to think, "who else could it be?" and, boom, literally, the boy next door is brought to their

attention. >> i sent a letter to the prosecutor and said, "look, man, i'm hearing a lot of rumors. you need to check out this neighborhood kid." >> riley joe sanders. we call him joe. he was a nice guy. he was a little nice guy. there's nothing bad to say about him. he liked to smoke weed and party. >> he lived next door to her, and he went to school at katy high school, and she had him in some of her special ed classes. >> it wasn't a secret that he was constantly missing school, doing other things but his academic work. >> belinda temple complained to his parents about him skipping school, and he lost his driving privileges. >> you take a teenager's car and you might as well take their testicles. and it was because of the lady next door. >> it's pretty safe to say that riley joe could have had a grudge against belinda temple, but is that a motive for murder? >> the day of the murder, riley joe sanders was actually one of the students interviewed by the local news.

>> i can't believe anything like this would ever happen to her. >> he gives an interview and tells reporters that he'd been at school all day, and come to find out, that wasn't true. >> he was the most interviewed and interrogated suspect out of everybody. >> investigators looked at riley joe sanders, they looked hard at him, but at the end of the day, there wasn't enough hard evidence that made him a more plausible suspect than her own husband. so they turn their attention back to david. >> so they talk to friends of belinda and they learn that this wasn't the perfect marriage. shortly after evan's birth, things kind of started to turn south in the marriage of belinda and david. >> he would call her fat, slap her on her butt and call her a fat -- >> from what you saw, how did belinda react to that? >> she was hurt.

>> she had some concerns about the time away from home that david was spending. she suspected that maybe something was going on. i think she was hoping that it was for good reasons that he wasn't coming home on time. >> how often did david temple talk to you about going to the happy hours? >> i would say, often. >> where else would you go? >> bars, strip clubs. >> whose idea was it? >> usually david's. >> at this point, the couples' relationship has taken a major turn for the worse. >> they didn't talk for six weeks and we were a little confused about that because i thought, how could this be, not talking to your husband for six weeks? >>but yet somehow they rekindled their relationship apparently.

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there were big changes going on at alief hastings high school

in the school year of 1998-1999. that high school, where the defendant coached,ad just gotten a new ninth grade center, and there were several teachers that got housed in the ninth grade center. one of whom was this defendant. another of whom was a new, young teacher by the name of heather scott. she was young. she was single. and frankly she was smoking hot. >> heather scott had grown up in little rock, arkansas. she went to college in texas and that year she was teaching ninth grade english. >> the teachers at their school would go out for drinks. they were friendly, and they were flirting with each other as young people do, and one thing led to another. >> now, eventually did you observe that there was something more between heather and the defendant? >> yes, there was a halloween party, and i noticed that they were getting closer.

>> i would see him a little more often, and i think a couple of times he came over to our townhouse. >> david temple was always after the big prize, even though he had one child and another on the way, heather scott was now the trophy. >> he seemed to be very fond of her. >> of course, there was some lust and infatuation but heather was sought after by not just david but by other teachers. >> a real-life texas soap opera is playing out in the faculty lounge. suddenly, there is a love triangle between heather, quinton, and david. >> quinton was also married, but he too had a little thing for the hot new teacher. >> did you become intimate with heather scott? >> we kissed. >> was that as far as it went? >> yes, sir. >> during the holiday season, things really started getting

heated up between david and heather, and things also got rather serious. >> did you become aware that their relationship had progressed into a sexual relationship? >> yes. >> after things had progressed, the defendant called quinton and said he needed to talk to him right away. >> david asked me what my intentions were with heather. i told him i didn't know. he said, "are you willing to leave your wife for her?" and i said no. so then i asked him, "are you willing to leave yours for heather?" and he said, "i don't know." >> belinda had a twin d at dece, they were both gonna turn 30, so brenda came to visit. >> did their interactions seem the same as you had seen in the past or did they seem different? >> it was a lot more tense. i heard belinda say, "you're unhappy having this baby girl."

and he said, "if you say that again --" and i looked up at him, and they didn't say anything else. >> on belinda's birthday, david announces he's got big plans for new year's, but belinda's not involved in those plans. >> he said he was going hunting. >> how did belinda appear from that? >> she was upset. i think he needed to be home. >> all of the sudden, david temple is going hunting and of course if you're belinda, you're going, you're going, "what?" >> david's wife is pregnant, about to have a second child, but yet he leaves to go on a trip during the new year's weekend. does that sound like a man who's happy that he's about to have a second child and wants to look after his family? >> it sounds like a man who's having an affair. >> time's getting close, we're coming up on it. there it is, it's beginning to drop. >> she doesn't know where he's

at, she doesn't know where he's going and she is hurt. >> happy 1999! >> that new year's trip, that was all nothing but a big lie. >> the only hunting david temple was doing was he was hunting down heather scott for a very nice romantic liaison weekend. that's where david temple went hunting. >> he said that he had his hunting gear and gun in the car so that she would think he was hunting. he said that she wasn't stupid. >> we decided that we were gonna go to katy, to this favorite restaurant that we like, los cucos. and we went in, and david and belinda were sitting across the room with evan. they did not look happy. and i just looked at my husband, and i said, "i wonder if something's wrong." >> they got ready to leave and she hugged me. and she was rubbing her belly, and saying, you know, i'm so excited, you know, for this little girl to be born, and i got two more weeks.

and she hugged me again, and that was the last time i saw her. i'm sorry. >> students at katy high school are in disbelief. friends, family, and colleagues are grief-stricken over her violent death. >> funeral services for temple will be held in katy later this week. >> as belinda temple was laid to rest, her students remember the lesson of kindness she taught inside and outside the classroom. >> people were stunned in this community by this murder and david is talking to his friend, a fellow coach, quinton harlan. >> i was like, "well, don't you want to find out who killed her?" and he said, "what difference is it going to make? it won't bring her back." >> do those sound like the words of a grieving husband? >> it could. that could be a statement of a grieving husband trying to figure out what was going on with his life. >> but in the days after belinda was killed, david was actually talking about heather a lot.

>> he asked me how heather was. is she doing okay? >> now, keep in mind, your wife was murdered, your unborn child murdered, and you're going around asking your colleagues, how was heather doing. >> after belinda is found dead, it doesn't take long for cops to find out there was a sex affair. >> that's gonna be an "a-ha" moment. you have pregnant wife dead and husband having an affair. there's no question, they have to be looking at him as a possibility. >> david insists to virtually everybody that he is not having a full-blown affair. >> even though temple says it's only physical, he also says it wasn't serious enough for him to commit a murder to get heather scott. that's odd. >> please state your name. >> heather scott temple. >> he married her. h]

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this is a case about a love triangle that turned deadly. >> a cheating husband, a mistress who feels guilty. and they want to be together, but they can't for obvious reasons. >> harris county 911. >> my wife, she's been shot. >> it took my breath away. >> this does not prove the killer. >> who else could it be? boom, here's the boy next door. >> it's kind of scary, you know, to have it happen in your own neighborhood. >> he had access to his father's guns. >> the conversation among kids about how a burglary went wrong. they shot a dog and put it in

the closet. maybe dog was code for belinda temple. >> in the small city of katy, texas, it's just days after the murder of belinda temple and investigators are very interested in a rumor that her husband david was having an affair with another teacher, heather scott. so after the murder, they brought her in for questioning. frustrated investigators feel like she's being evasive. she would later be called on that in court. >> on january 12th, 1999, you were trying to help the police. >> yes. >> did you tell the police that, for the past three months or so, david and you had been sort of seeing each other? >> if you listen to the transcript of the interview that shwadoayg thatheadlice, u ll wh. david.

>> "after leaving the bar, sometimes we would come back to my house, sit around, and watch movies." >> yes. >> so that's how you were helping the police understand how intimate your relationship was, that y'all watched movies? >> was that a question? >> yes. that y'all watched movies, >> i don't know what else to say with that statement. i'm sorry that it was quick and i didn't give -- >> well, you don't have to apologize. >> if i ever am in this case again. >> i'm sorry. >> i will do it differently. >> but when they do a deeper dive, heather's emails to david indicate they were doing more than watching movies. >> this is monday, november 9th at 1:36. did anyone ask you guys where you went on friday? did you get home too late? i hope you didn't get into any trouble. i don't know if you knew but i was really drunk. i really don't act different except i get more affectionate.

>> can you explain to me what you were talking to david about, getting more affectionate? >> that drinking made me more affectionate. >> and more affectionate with who? >> i guess with him. >> okay. when you asked if he got in trouble, who were you asking if he got in trouble with? >> i'm assuming his wife. >> and so you knew he was married? >> yes, at that time, yes. >> did you know he had a child? >> i found out, yes. >> did you become affectionate with him after you knew he was married? >> yes, i did. >> and after he had a child? >> yes. >> and his wife was pregnant? >> yes. >> david had maintained that his relationship with heather was casual, not that serious, but yet she testified that around the time of the murder that she and david had professed their love foracotr. >>ccording to heather, she said that the week before belinda was murdered, that david

says, "i think i'm falling in love with you." >> but that doesn't sound like a guy who's casually having a fling with somebody as he portrayed it. >> did you go back to your place? >> yes. >> did y'all have a serious talk? >> i don't know if it was a serious talk, but that's when he said, "i think i'm falling for you" and i said, "i think i feel the same way." that's in my statement. >> and what were the words that david temple used? >> i think he said, "i think i'm falling in love with you." >> did that catch you off-guard? >> i mean, maybe. yes. >> but you told him you felt the same way, correct? >> yes. >> of course the investigators, that was their "a-ha" moment. david was having an affair, so he must've killed her. but that just doesn't compute. there're lots and lots of people that have affairs that don't kill their wives. >> were you concerned at all about where that relationship was going when he was married? >> no. >> you weren't concerned about that? >> i wasn't planning on it going

anywhere. >> the picture that begins to emerge for investigators, you've got a cheating husband, a mistress who feels guilty. and they want to be together, but they can't for obvious reasons. >> but it was complicated, wasn't it? >> yes. >> because? >> it was inappropriate. i don't know if complicated is the word. >> well, there was something in the way, wasn't there? >> i'm not sure -- is there a question? >> was there something in the way? >> he's -- >> of the relationship getting even more -- >> it was an inappropriate -- >> involved? >> -- relationship because he's married. >> did you understand my question? >> the phrasing is awkward to me. is there something in the way? >> was belinda temple in the way? >> i didn't think about her or discuss her. i just knew that he was married and it was not appropriate for me to have a relationship with him, but i did it.

>> did it come to your mind then that things needed to change? >> yes, i felt guilty about it. yes. i just remember having a discussion that our relationship wasn't appropriate and we probably needed to end it. >> when david temple was first confronted with his affair with heather scott, he said it was just physical. it was not serious. but look at the timing. she was murdered january 11th, 1999. june 9th, 2001, he marries heather scott. he went from not serious to real serious. >> even with all the questions that raises, investigators still can't make a case against david temple. so he goes on with his life, a free man. >> it's kind of hard to believe the woman that was once david temple's mistress is now a caring stepmom to his son evan, thvan'mogo, heat a restaan her

now raising him as her own. the years go on, but then in april of 2003, time catches up with david temple. >> early in the investigation, detectives had delivered pieces of david and belinda's clothing to the fbi in washington, d.c., to be tested. >> harris county investigators sent david and belinda temple's clothing to the notoriously backlogged fbi crime lab. since harris county didn't have the necessary testing equipment. then the 9/11 attacks delayed testing even more. finally, detectives tell us they got results back. tests on their clothes revealed gunshot residue on david temple's clothing. which matches residue on the clothes the victim was wearing the day she died. >> gunshot residue on the cheating husband's clothing the day the wife is shot dead? forensics don't lie.

>> this is a bombshell, and here's why. up until now there has not been one shred of evidence placing david at the scene of the murder. remember, he had what appeared to be an airtight alibi. out shopping, caught on surveillance tape while the murder may have been committed. >> the gunshot residue can suddenly change the narrative. >> friends and family don't know it, but this case is about to get another huge boost. because across the country, another high-profile case is going on of yet another pregnant murdered wife. >> laci peterson, eight months pregnant, vanishing while her husband was gone for the day on a fishing trip. >> belinda temple seemed to have all of the same elements that the scott peterson case did. >> but here's how this one may be different. david temple may be the only guy that gun residue doesn't stick to. i have moderate to severe pnow, there's skyrizi. ♪ things are getting clearer, yeah i feel free ♪

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laci peterson, eight months pregnant, vanishing while her husband was gone for the day on a fishing trip. >> all over the tv news, the tabloids, the newspapers, america is gripped by the case of scott and laci peterson. >> i think everybody sitting at home wants an answer to the same question. did you murder your wife? >> no. no, i did not. >> meanwhile in katy, texas,

around 2003, the cases seem very similar. the scott peterson case and the david temple case. >> belinda temple seemed to have all of the same elements that the scott peterson case did. an affair, a young, pregnant wife, a horrific murder. after scott peterson was charged, belinda's father felt, well, if there can be some progress in the scott peterson case, why can't they do this with belinda? >> at the same time there was also a study that apparently said that the number one cause of death among pregnant women is homicide. and so those are shocking details that really raise this to the attention of the public. and so i think that that, combined with the gunshot residue tests, really lit a fire under prosecutors and everybody else. and kelly siegler, who at the time is head of major crimes, she takes it on. >> kelly calls me and says, "i've taken over the file and i've got an arrest warrant for urlient."

>> authorities say they always suspected david temple of having a hand in his wife's murder. today, they took him into custody, charged him with the crime nearly six years after it happened. >> belinda's family, i remember, they were saying, "thank god it's finally happening." >> david temple not only gets arrested, but amazingly on an execution-style murder, makes bond and walks free. i was beside myself. >> i'll never forget it. i was just launching a primetime show on cnn's hln. the very first program we did out of the gate was the belinda temple case. her parents spoke out. do you think david temple murdered your daughter? >> i believe david temple killed

belinda. >> a full-on pr battle has erupted between the two families which each trying to take control of the story. on the same day that belinda's parents are scheduled to appear on "nancy grace," david's parents appear too. >> and ironically, just a few hours before we go to air, they had held a press conference at belinda's grave. >> my brother, david mark temple, is completely innocent of the charge brought against him. >> why did you guys decide to do a press conference at her grave? >> actually, we could not think of a better place to do it. that little piece of real estate is very precious to us. >> was david there today? >> no, he was not. >> why? >> he was in church at that time. >> more than eight years ago, a shotgun blast shattered the lives of a katy school teacher and her football coach husband.

her husband, accused of the brutal crime, today got his first look at the men and women that will decide his fate. >> this trial is going to end in a way that no one could have predicted. and this jury is not going to have the final say. >> no one sitting in that courtroom could ever know that this will not be the only time david temple will stand trial. >> in the windup to the trial, kelly siegler was going up against dick deguerin. >> he loved belinda. >> he is known as one of the best defense attorneys in america. >> he will face off with one of the most animated prosecutors in the harris county district attorney's office, kelly siegler. siegler is well known for her courtroom demonstrations such as this one during the susan wright murder trial. >> the jury gasped, as siegler acted out the murder, pretending to stab her colleague repeatedly. >> and it was being billed a clash of the titans, siegler versus deguerin. >> the most important piece of

physical evidence that the prosecution thought they were going to be able to introduce is, the fbi had found what they said were traces of gunshot residue on david temple's clothes. temple's attorney immediately tried to have that evidence excluded from evidence. >> what we discovered was that the lab for the fbi shared a ventilation system with a shooting range. which means that all this gunshot residue from the shooting range goes up into the vents, and then comes back down into the laboratory. and so none of the tests that came out of that lab could be trusted. >> the judge ruled in the defense's favor. this is a huge blow to the prosecution. this gunshot residue was the only physical evidence that they had linking david temple to the crime. >> i'm just looking forward to another day of no evidence against david temple.

>> defense attorney dick deguerin walked into court confident, hopeful that a jury will find david temple not guilty of the brutal 1999 slaying of his pregnant wife. >> if you're the prosecutor after that ruling, she's still gonna try to prove that david temple had a motive. >> on january the 8th of 1999, a friday, the defendant says to heather scott, "you know, i'm falling in love with you." and she says, "i feel the same way." three days later, belinda temple was executed in the back of the head in the home where she lived with this man. >> but the defense describes the former high school football coach as a loving husband. >> david and belinda temple were deeply in love with each other. >> david temple wiped away tears as the jury listened to the 911 call he made back in january of 1999. >> the defense calls david temple himself to the witness stand to give his side of the story.

it is always risky to call the defendant to the stand in a murder trial because so much will now rest on whether the jurors believe that person. >> i wanted to put david on the stand because he had a story to tell and he was telling the truth. >> there are cameras in the courtroom, but frustratingly for the news media, the judge doesn't allow audio to be recorded during testimony. >> temple constantly cried, especially when he testified about his wife belinda. "i made a mistake," he said. "i wish i could go back and change it, but i cannot. i loved my wife until the day she died." >> we the jury find the defendant, david mark temple, guilty of murder as charged in the indictment. >> when david was found guilty, i was like, "finally. justice for belinda."

>> and what he did to his eight month pregnant wife, he deserved a maximum sentence. he got life in prison. >> so he has been found guilty. he's been sentenced to life in prison. most people are gonna presume that this thing is over. and yet there is a major twist to come. >> i really believe that an innocent man is sitting in prison for something he didn't do. we're honored to have y o campus for the official visit. aflac! coach saban, how is aflac's program different from health insurance? well aflac gives you money directly, for things health insurance doesn't cover. aflac! we put together a little highlight reel for you. here's aflac helping you with your deductible... copays...out of pocket costs. you look good paying bills.

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one evening, really in the middle of the night, i got a call from a kid that identified himself to me as daniel glasscock. >> daniel glasscock had overheard, supposedly, a conversation among some kids. he said riley joe sanders had confessed in a roundabout way to killing belinda. >> i really believe that an innocent man is sitting in prison for something he didn't

do. >> this is a claim that david temple's defense team would use later when appealing his conviction. >> daniel glasscock had been in the group that had hung around with riley joe sanders. >> remember, he was the teen that investigators were looking into because belinda temple had reported him to his parents for cutting class. he also gave an interview to the local television station the night of her murder. >> she's a very nice person. she's very helpful in school. i can't believe anything like this would ever happen to her. >> and now this new witness is coming forward saying riley joe may have had something to do with the murder. >> riley joe sanders was a teenager who lived next door to david and belinda's home. he had a grudge against her. and he had access to his father's guns. >> do you understand that what you say is a sworn statement?

>> yes, sir. >> daniel glasscock tells dick dugerin, temple's attorney, what he says he knows. >> just a few days after the murder glasscock was at riley joe sanders' house. >> he goes to the bathroom, he comes out, and the kids are on the patio talking about how a burglary went wrong and about how they shot a dog and put it in the closet. >> daniel glasscock, comes to the belief that maybe "dog" was code for belinda temple, because this dog was shot and placed in a closet, and belinda temple was killed in a closet. >> my goodness. why wasn't riley joe sanders being investigated?

>> investigators eventually cleared sanders of any suspicion in the temple murder case. but armed with this new information, temple's defense team wants to know what else weren't they told. >> temple's defense team realized that there was information or evidence that might have been withheld by police or prosecutors that could've helped him, that they never even saw before the trial. >> they discovered 1,400 pages of examinations and other investigations. >> if the defense can show that relevant exculpatory evidence was withheld by prosecutors, that could lead to a new trial. >> the case works its way through the texas state court of criminal appeals, and everything changes for david temple. >> temple's conviction thrown out because of hundreds of pages of evidence which the court agrethheefse or di't

show them until well into the trial. >> what it says is, something went badly, very badly, and david temple didn't get a fair trial the first time. >> after nine years, david is released on a $30,000 bond. a free man. >> it's been a long journey. this is a portion of that journey that's been completed, and we're waiting for justice to be served, once and for all. and for the people that put me there and lied and cheated to be held accountable. >> david, let's go. >> yeah. >> david's free for 2 1/2 years, and now he faces a new trial. >> the katy man accused of killing his pregnant wife 20 years ago is going back to court for another trial. >> and i remember when evan temple came in, and this was the

first time the family had seen evan in 20 years. that was the saddest moment i've ever seen in a courtroom, was seeing evan and seeing members of belinda's family go, "he's got belinda's eyes." >> and there is only one person on this earth who had the motive, the means, and the opportunity to cause her death. and that was this defendant, her husband of seven years. >> we get a new set of prosecutors, lisa tanner and bill turner, and they're really focusing on the fact that there couldn't have been anyone else but david temple who murdered his wife. >> on january 11th, 1999, belinda temple was murdered. >> in the new trial, defense attorneys stanley schneider and romy kaplan, they put all their eggs into the basket of blaming riley joe sanders.

>> belinda temple complained to his parents about him skipping school. >> the defense is going to try to say, "there's more evidence against him than against david temple." >> how did belinda temple describe joe sanders? did she say that she was afraid of joe sanders? >> yes. >> the defense maintained that riley joe sanders was the only one who had the motive to kill belinda temple. >> do you swear to tell the truth, the whole truth, and nothing but the truth, so help you, god? >> yes, ma'am. >> so now all that's left is to hear from riley joe sanders himself. >> did you have anything to do with the murder of mrs. temple?

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this second jury on the david temple trial has sat through opening statements. they've been hearing evidence. >> but one of the biggest shoes to drop won't even happen in front of the jury. it's in the news. >> heather scott drops a bomb. she's filed for divorce in the middle of the trial. >> i remember going, "whoa. wow." >> they go through all this drama together during their marriage. she stands by her man. and then suddenly in the midst of the second murder trial, she drops him like a hot potato. >> i think it's fair to say that david and heather had a very complicated relationship. why she decided to file for divorce, i wouldn't be able to talk about or speculate. >> but back in the courtroom, david temple's defense team is arguing that the biggest suspect in the belinda temple murder is not her husband, but riley joe sanders.

they are arguing that he had a grudge against the teacher. >> coming into this second trial, prosecutors know that the defense is going to be pointing the fingers at riley joe sanders. so prosecutors decide to deal with this head-on. they call him to the stand as part of their case. >> why don't you tell these folks your name? >> riley joe sanders iii. >> riley joe sanders is 37 years old. but at the time of the crime, on january 11th, 1999, he was just a 16-year-old boy. >> let's skip the niceties. let's cut to the chase. tell these folks, did you have anything to do with mrs. temple's murder? >> no, did not. >> did you have any hard feelings against mrs. temple for ratting you out on your skipping school? >> no. >> did you act any differently towards her? >> no. >> the prosecutors walk riley joe sanders through what he did the day of the murder. and it starts off with him talking about how he skipped the last period of the school day.

>> and did you skip alone or with someone? >> i was with a buddy, cody ellis. >> so when you and cody got to your house, what did y'all do? >> rolled a joint. >> now, just for the record, i think we all know what that means, but when you roll a joint, what are you using it with? >> paper. >> touche. that was good. what was the substance inside the paper? >> marijuana. >> there we go. okay. >> prosecutors want to show that the worst thing that riley joe sanders is guilty of is smoking some pot and cutting class. >> joe and cody are riding around the back streets of katy. and what are they doing? smoking a joint. and then joe says he dropped cody off at home. joe ends up going to a couple of more friends' houses in an effort to score some more marijuana. he doesn't find any so he ends up heading back home. >> what did you then do? >> turn the tv on, laid on the

couch, then passed out. >> how'd you wake up? >> by my father. >> did you go outside? >> yes, ma'am. >> what'd you see? >> a bunch of cops. >> the defense wants the jurors to believe a darker chain of events. >> the defense grills sanders' father about shotguns that he owns. >> did joe have blanket permission from you to take your shotguns out? >> yes, sir. >> so he could take your shotguns from your house at any time he wanted and go shooting? >> yes, sir. >> did you own or do you own an h&r single-shot shotgun, >> back then, i did. yes, sir. >> so the testimony from his dad, that he owned the same kind of shotgun as was used in the murder, that his son could have access to it whenever he wanted, could become that "a-ha" moment for the defense where jurors

could say, well, that's pretty important. >> the wadding that was found in belinda's brain was from a federal shotgun shell, the same kind of shotgun shell that was in the riley joe sanders shotgun. >> and this spent double-aught buckshot federal shell could have caused the death of belinda temple. >> yes, sir. it could've. >> the defense hopes that the fact that riley joe sanders had access to that weapon whenever he wanted was effectively putting that murder weapon in his hands. >> the prosecution says, not so fast. they want the jury to know that there's somebody else who had access to that same kind of shotgun -- the defendant, david temple. >> the defendant was a hunter.

he had hunted with a 12-gauge shotgun throughout his life. >> and so, sure enough, they call one of his hunting buddies. >> while you were growing up in through high school, did you have occasion and hunt with the defendant? >> yes. >> when you were doing all of this hunting, what did you hunt with? >> a 12-gauge shotgun? >> when you hunted with the defendant, did he use 12 --? >> yes, ma'am. >> prosecutors did their best to argue that at one point david had possessed a 12-gauge shotgun. but the question is, where is the murder weapon? is there a clue in these surveillance videos? >> that's the problem with trying to create the perfect alibi.

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please be seated. >> prosecutors have been trying to show that david temple had a 12-gauge shotgun, but the murder weapon here was never found. >> so they're now out to prove that david maybe ditched the shotgun at some point during the day. but the big question is, when? well, it turns out they are going to use his airtight alibi against him, those surveillance tapes of him out running errands. >> these two stores, berkshire brothers and the home depot, are at most 15 minutes apart.

>> he's seen, on this video, he's gone by 4:38. until 5:14. that's 36 minutes. >> 36 minutes on a trip that the prosecution says really should take about 15 minutes. so the question is, where was david the rest of the time. >> temple said that he was driving a certain route at a certain time. but it just so happened that a guy who he had gone to high school with who knew him had passed him on a different route on that day. >> what were you doing the afternoon of january, 11th, 1999? >> i was turning onto katy hockley cutoff going northbound. and then i saw a blue truck and it was david in the truck and i just passed him up. i waved and just drove by him. i didn't get a wave or nothing back, so i don't think he saw me. >> and what is located at

katy hockley cutoff? miles and miles of rice fields. miles of places to hide a murder weapon. >> we now know when david might have disposed of the murder weapon. but there is another big question. when would he actually have committed the murder itself? >> he had told police that belinda had gotten home and had gone upstairs to lay down. you know, the evidence didn't seem to match that. >> apparently belinda typically kept her purse and her keys on a kitchen counter, but that's not where they were found. >> the fact that her keys were found on the stairs, her purse in a downstairs closet, something prevented her from putting these items where she normally left them when she came in the door. >> she's wearing her glasses. she's got her shoes on. prosecutors think that this points to the idea that she was murdered pretty quickly after she got home. >> evan is either asleep,

or elsewhere. she gets home and immediately something happens. something terrible happens. he gets the shotgun and in an instant, she's dead. >> the prosecution's theory is he commits the murder as soon as she walks in the door. but the defense says there wasn't enough time for him to have killed her, staged the scene, and then made it to brookshire brothers by 4:32. >> david temple would have to have gone three, four, maybe five minutes, to get his eight month pregnant wife into the house, up the stairs, into the closet, and kill her. stage the burglary, and make it seem like something happened that didn't happen. >> but prosecutors have an answer for that too. they say david committed the murder before running those errands. as for staging the burglary, they say he did that after he got back home. >> that window of time on the

back end is when he staged the scene. and defense counsel wants to tell you, "oh, my god, he did not have time to do all that staging. there just was not enough time for him to do it." really? okay. >> so the prosecutor wants to show in real time how quickly the scene could have been staged. she uses a computer printer as the tv to show that could've been overturned quickly. she takes the bag and puts it into what could have been a closet where the bag was found. and then shows how a drawer could have been opened. and comes back to say this could have been done really quickly. >> guess what. i just staged your scene. that took me 25 seconds. now all that's left is to go to the door, open the door, bang, grab evan, boom. go across the street. that's it.

>> there is no opportunity. this narrow window of time is reasonable doubt. we all know people who have affairs who love their spouses. this betrayal does not prove that he killed her. david temple is not guilty. >> all right, ladies and gentlemen, i now formally give the case to you. go with the bailiff, elect a foreperson, and begin your deliberations. >> after just eight hours, the jury returns. >> you can just feel the emotions. everyone is really tense on the seat of the bench. >> the saddest part of this whole ordeal is evan. i'm sure he's got to be torn. >> he's lost his mom and now he may lose his dad for a second time. >> all right. mr. foreman, i understand that the jury has reached a unanimous verdict. is that correct? >> we have, your honor.

>> all right. would you hand the verdict form to the bailiff? we the jury find the defendant, david mark temple, guilty of murder as charged in the indictment. >> jury has found david temple guilty in the retrial for the murder of his wife belinda in 1999. >> 20 1/2 years, a little over two decades, i fought behind the scenes to get justice for belinda. it's finally done for a change. maybe belinda can finally rest. >> but not so quick. not only do belinda's family have to live through two jury trials in order to get a conviction, david temple could walk free.

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the courtroom after hearing the guilty verdict. and you can just feel the emotions thick in the air. his mother is crying. david looks like he's been crying. and now we're all waiting to see what the punishment will be. >> based on what the law was at the time of this incident, the jury has enormous latitude to sentence him to anything from probation to life in prison. >> all right. defense, call your next. >> his son is probably the single most important witness in the sentencing phase. because he's also the son of the victim. >> evan testifies on behalf of his dad. so it was a big moment. everybody was wondering, what is evan gonna say? >> can you say your name, please? >> evan temple. >> how old are you? >> 24. >> who is this sitting next to me? who is he? >> my father, david temple. >> who's your mother? >> my real mother, belinda temple. the mother that raised me,

heather scott temple. >> it was really a poignant part of the testimony to see that this woman who was once a mistress was now turned stepmother. >> describe the relationship you had with heather. >> very good. we're close. she's the only parent physically i had in presence for ten years. >> do you believe in your father? >> yes, 100%. >> we heard from evan. and i don't understand why that is this person who is called on to speak on behalf of the man who killed his mom. >> evan still has that unwavering belief that he did

not kill his mother. as he sits here today, he has that belief. david has served. he was in custody for ten years, separated from his son. >> you would think that it wouldn't be that hard for a jury that has convicted someone of murder to send him to prison. but you have to wonder whether or not this jury might've been thinking if it was right to take evan's father away from him for a second time. >> when evan testified, i said, "his mother would be so proud of him." then i thought to myself, his mother should be here to be proud of him. and she's not. he should pay with a sentence of life. >> all right. ladies and gentlemen, go with the bailiff and begin your deliberations on punishment. >> we're all waiting anxiously in the courtroom. and the hours are ticking by. then, next thing you know, the

days are ticking by.fothju. >> the court is in receipt of the following note. it says, "judge, when two jurors are not willing to budge at all, there's nothing more we can do. based on that, it is at this time that the court declares a mistrial. >> it was brutal. you could have heard a pin drop. just a never ending nightmare. >> i was dumbfounded. that was the last thing i expected. evan may have touched them. >> the fact that the jury became aware that he had already served ten years had to have had an impact. >> i know that two people were at probation. there were six in the middle of 30 to 40 years and then four

wanted life. >> twice convicted, still unsentenced. i don't understand that. >> he's still convicted. an entirely new jury is now gonna be brought in to evaluate what punishment he should get. >> there's no if, ands, or buts, david temple is a cold-blooded diabolical murderer who deserves to spend the rest of his life in prison. his family can visit him. belinda's family has to visit her in a grave. >> no matter what the sentence is for david temple, his son, evan, whether he knows it or not, got life. >> when you consider the obstacles, it's pretty remarkable the young man that evan has become. >> scrolling through his facebook page, you get a glimpse of the life that he's living now. going to college, getting married, all of these milestones

that his mother has missed. >> he had a wonderful mom that loved him dearly. i hope he knows how much she did love him. >> that son still believes his father is innocent. tonight, david is in jail, held on $1 million bond. >> his lawyers are asking for a new trial. in the meantime, his retrial on sentencing is scheduled for the spring. that's our program for tonight. i'm amy robach. >> and i'm david muir. from all of us at "20/20" and abc news, thanks for watching. good night.

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