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 blasé, 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 interviews. >> reporter: but casie gotro says those tapes change everything. >> they would have decimated the state's case.

>> reporter: siegler says belinda was killed around 4:00 p.m. cell phone records show she made a call to david at 3:32, but they don't show where she was. a teacher who had been at a meeting with belinda gave police a clue. >> reporter: defense attorneys say if belinda made that call from school at 3:32, it would be all but impossible for her to have been home at 4:00 p.m., the time siegler said she was killed. but siegler says the teacher was actually talking about a different phone call. she says, "she left my office 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. i mean, he's virtually useless as a witness anymore. >> reporter: it was a lot for the judge to take in, and this judge is tough-- tough on

defendants and very tough to read. >> he didn't smile, he didn't frown, he didn't scowl. nothing. nothing.

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>> 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 found that david temple should get a new trial. he listed facts, 36 facts favorable to the defense that he said the state should have

disclosed but didn't, or disclosed too late to be of any use. >> seeing a judge that got to see all of this evidence say "this man deserves a fair trial, he wasn't given one," that mattered in ways that i still feel. >> reporter: it was your first 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. i'm afraid to... to hope too loudly. >> reporter: here you are again waiting for another decision. is this any harder than waiting for the other ones?

>> no. it wouldn't be harder because this time we're in the right direction. >> reporter: do you think you will walk out of here? >> i know i will walk out. >> reporter: you know you will walk out? >> i know i will walk out. >> reporter: that won't happen without a fight. the harris county d.a. has filed an 80-page objection to gist's findings, aggressively defending temple's conviction and kelly siegler's conduct at his trial. >> judge gist's findings, when compared to what actually happened at trial, with what the witnesses testified to, his findings are incorrect. >> reporter: judge gist is just wrong? >> yes, sir, he is. >> reporter: on 36 points? >> yes, sir, he is. >> reporter: not one thing that he enumerated is true? >> not even one. >> 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 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 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. >> reporter: it was an awful crime, he says, with no hard evidence-- the kind of crime that can haunt an investigator. well, i guess the real question

is, do you think whoever killed belinda temple is ever going to pay for it? >> do i think they're going to pay for it? no. >> reporter: and where does that leave you? >> empty. and so, how do you get justice for a woman who was killed? captioning sponsored by cbs captioned by media access group at wgbh 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 i'm 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. >> it's 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 ya'll 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. >> it's unfortunate on both en ends. there's nothing good about this. unfortunately you have a situation where someone's 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 well-known 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 we're going to need umbrellas coming up this week. meteorologist katie fehlinger is here tonight much what's it looking like. >> definitely looking like that is correct. natasha, rain gear on the order of business for us here looking

forward. we'll start things off by talking about the fact that's time to spring forward here. we're 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 it's time now to set those clocks ahead by one hour for daylight saving time and that means we're 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. we'll see about 40% chance for rain and at any given locate tomorrow. by monday, that threat goes way up which we'll be discussing as the show progresses and we'll even have chances for it on tuesday. come wednesday thing dry out. in the men time not looking all that bad tomorrow. i wouldn't 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, i'll keep my jacket close. thank you very much, katie. march madness is upon us and for philadelphia basketball fans it's 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. we're 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. joe's

took on dayton. second half hawk up by seven. isaia miles he will drill a three. he would put st. joe's up 10. he had 26 points. the flyers would cut the lead to three. papa got hot scored allege straight. st. joe's beats dayton 82-79. they'll bcu tomorrow in the finals. >> i'm a little bit miffed because we didn't finish. yesterday we finish. today we kind of like skipped along to the finish line. we'll have to be tougher tomorrow. >> reporter: here at msg villanova did fall to seton hall 69-67. we'll have more on that. i talk to jay wright one-on-one head coach of villanova. we'll hear all of that plus your full night in sports that's 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. we'll be on just before st. joe's tips off against bcu and be live on the st. joe's campus. again that's 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. it's 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. >> i'm glad they're not going on strike. i need transportation to get back and forth to work. it means to a lot to me they're not going. because i don't 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 presidential 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: trump's 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. it's 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 trump's 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 can't 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 26-year-old 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 doesn't 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. we'll be timing out a multi day event of wet weather issues in our area. i'll tell when you the heaviest rain is set to arrive. that's coming up.

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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 atv's destroyed much of the school grounds in february. >> it's absolutely a sin what they did to the grounds. >> this was outrageous. we've 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 that's 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 we're from this community, we grew up here, we feel it's 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 there's 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. we're glad to have you here. >> i'm 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. we're in the talking about three days of washout, sunday, monday and tuesday. >> all three. >> um-hmm. 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. patrick's 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 you'll 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 it's 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. i'm 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 let's 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 2-inches not out of the question for area to pick up from this system. so basically what happens is a front stalls out. we'll see a few pieces energy move along it through the next couple of days we'll have to dodge raindrops a little bit of rain primarily p.m. hours tomorrow. monday morning, that's when you'll 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, you'll notice that it's very very just raw as we look ahead to monday when it comes to the wind because look what happens. okay. we're 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 it's not windy your wind flow shivved on shore the wind picks up through the course of monday when it's really cranking 15 to 20 miles per hour sustain any time, that's 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 we'll 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 here's 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. patrick's day right around the corner all right. 57 tomorrow's high. on monday, yeah, chill yesterday day of the forecast. that's 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. there's 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 we're coming right back with a live sports

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