say if jurors knew everything about riley joe sanders, they might have been more open to temple's explanation of evidence, like those shards of glass that police found so incriminating. attorney stanley schneider says they could have scattered when david came charging through the door. >> if that door's flung open and hits the hutch, it's going to fly off into the living room. >> reporter: the defense says the man who testified he saw temple on the road could have been mistaken about the time and day... >> da-da! >> reporter: ...and they say temple's dog shaka might not have been as ferocious as police say. >> i'd direct your attention to the grand jury testimony of mr. riley joe sanders. >> reporter: and what does he say? >> shaka will bark at him when he's cutting the grass. but what about if you're not cutting the grass? "no, she'll just come over and sniff." >> reporter: at the new hearing, kelly siegler spent four days on

the former prosecutor aggressively defended herself. >> it was very, very repetitious, and it seemed like it could have been a whole lot more efficient. >> she was so, just blase , about what she had hidden and why she had hidden it. and i have my client, david, sitting next to me who lost his wife and his baby and hasn't watched his son grow up, and his family has gone bankrupt trying to get him out of prison. it broke my heart a little bit. and i didn't see that one coming, that was for damn sure. >> reporter: it breaks your heart a little bit now, i think. >> yeah, it does. >> reporter: in the middle of this new hearing, defense attorneys discovered some evidence that never made it to court before. >> reporter: audio-taped interviews conducted at belinda's school just two days after she died.

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 talking about a

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

>> 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.

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[ 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 claritin-d. >> there is an innocent man sitting in prison, and he's been there for a long time. >> reporter: david temple's attorneys weren't sure they had any chance at all with judge larry gist, as they waited for his opinion. >> what i knew about judge gist was that he had a prison unit named after him. >> reporter: that could be bad. >> you don't get a prison named after you by being pro-defense. >> reporter: in july 2015, gist issued his opinion. >> stanley is standing there with this opinion rolled up in his hand and a tear in his eye,

you're not going to believe it." >> 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

>> 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?

>> 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

>> 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.

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.

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

access.wgbh.org good evening, ohio really is the heart of it all when it comes to presidential campaigns. for both parties it is too close to call. no one is counting on a win. former president clinton visits

>> i will not change running a positive campaign because i will not seek the low road. >> reporter: ohio governor john kasich stood by his promise to keep things clean. >> got a big day coming on tuesday. got a chance to send a message not just to the country but to the world that we can be positive. >> reporter: behind closed door, a much more aggressive tone. he aimed much of his focus on donald trump. addressing the violence. >> there is no place for a national leader to pray on the fears of people bho live in our

donald trump has created a toxic environment. it has allowed his supporters to come together in violence. >> reporter: he delivered a parting message to supporters. >> let us inject the spirit of what we are about into our country and make sure that they the generation yet to come is going to be say thank you mom and dad, thank you for you what did to build an even stronger america that is a shining light. >> when ask if he would support donald trump if he earned the nomination.

>> dayton ohio was donald trumps first stop. as local 12 megan moore discovered, the stop in dayton wasn't without fireworks >> reporter: for some of them the day started early. >> we got out here about 1:00. >> after protesters and trump supporters clashed last night in chicago, it was a wonder if any of that would be seen today. >> i kind of don't think it will. if it does, they will take care of it. >> reporter: outside before the rally started protesters said they wanted to share their message peacefully. >> the trump rally don't have

>> reporter: , the crowd welcome the candidate. >> our jobs are being sucked away. it is unbelievable what's happening. our military can't beat isis. our veterans are being treated horribly. our border is like a piece of swiss cheese that people just come pouring across. >> reporter: it fell on a mostly supportive crowd. >> if there is group throughout, just throw them out. >> get them out. >> reporter: again. >> why is he angry? >> reporter: and again. >> what took him so long to put up his hand we are almost finished. take him back home to mom. >> reporter: some were escorted out but one of the more intense

to jump on stage. >> reporter: trump continued on stage with his speech and asking ohioans for their votes. >> he cannot do the job folks, he hope you go to the polls. is there anything more fun than a trump rally? >> it is a little bit frightening but i'm no surprised. i thought overall it was a great event. >> in dayton, local 12 news. >> you saw the protester try to jump on stage. he is underarrest. donald trump brings his rally back here tomorrow. he will speak in westchesters at 2:00 p.m. we will also carry his remarks

senator marco rubio is focusing on winning his home state of florida. he continued his assault on the gop leader. we can solve any problem before us but we have do it now in 2016. >> senator ted cruz also had donald trump on his mind. he was on the stage. >> it is easy to talk about making america great again. he can even print that on a baseball cap. and they make those caps real cheap over in china. >> reporter: now for the democrats, former president bill

underground rail road freedom center. he spoke on behalf of his wife hillary. he also talked about how the flint water crisis could mean jobs. >> think about it, if you took out all the lead in this country, and relayed our water systems, and relayed our waste systems, it would create millions of jobs and give kids in america a clean future. we got to reorganize the insurance market. then we got to get everybody in the plan where you pay a flat fee to stay healthy. >> after a big rally last into in toledo bernie sanders headed

he sat down for a talk moderated by civil rights activist jessy jackson. >> [ unclear audio] >> tuesday night local 12 is the place to turn as all the votes are counted. you probably have heard some rain this evening and tb around to start your sunday morning. >> scott: right now we have

into the 270 loop we go, this is all light to moderate rain. some heavy rainfall rates are now lifting from the south/southwest to the north/northeast at 35-40 miles an hour. heaviest rain just to the east of mainville. also up along route four. rain is a bit lighteder and patching down into northern kentucky along the owe high yoe river. >> can't rule out isolated thunderstorms no strong or severe storms are expected overnight. we will gradually rise back through the 60 tomorrow. still some rain and storms into

coverage early. 59 the temperature now at the international airport. we have mo waves of rain to track in the planning forecast when do we dry out tomorrow more on that in ten minutes. a man is dead after an accident in boone county. he was riding his motorcycle on houston road. he swerved to avoid a deer. a vigil was held today for a teen fighting for her life. haley hall is in the icu after her boyfriend beat her. stop separating families, it

residents wanted to spread. a rally for hope held a holy family church, recent raids across the nation and the presence of custom enforcement they walked to show support for immigrant families. family and friends honoring a firefighter who died this week. the fund raiser was held this afternoon. all the money raised will help cover medical bills. she was a firefighter and emt for the south gate fire department for 20 years. she died wednesday after her battle with cancer. big crowds expected for the

it raises money to research heart disease and stroke. local 12 is a provided sponsor of the event. the first race starts at 7:30. some roads will be closed tomorrow, the busiest stretches y iest . cincinnati ans accept brating the saint patrick's day pa prapd it kicked off at noon. a new route was used to show case the river front.

>> conference tournaments means teens punching their tickets to the big dance. but first his fighting spirits lives on how dozen of young people are benefitting from the memories of a fallen marine.

850,000 jobs lost. special trade status with china -- 3 million jobs lost. now the trans-pacific trade deal could cost america 448,000 more jobs. only one candidate for president has opposed every disastrous deal -- bernie sanders. while others supported unfair trade deals, bernie stood with american workers. he'll take on wall street and their trade deals because he doesn't take their money. for jobs. for us. bernie. sanders: i'm bernie sanders, and i approve this message. a birthday party today for a young man whose life was taken too soon. he died at the age of 25 while serving in the marine. he had graduated from high school book in 2002. his family is makes sure is

every year they have the dinner on his birthday to raise money for a scholarship in his name. >> we cannot do this without the people here that support it. for that i am grateful. >> $23,000 has been raised. the money goes to help high school kids go to college. to be eligible kids need to be related to an active veteran. hundreds of kids spent the day an paul brown stadium but it is a game of the mind. it was a chess tournament. perhaps the biggest name in attendance was a 19-year-old girl from uganda.

thought, planning moves ahead and striking. ranked and nonranked players compete. >> it is just a blast being here. i really like it. >> reporter: in its 15th year it has grown since the beginning more than 600 chess player insist the tournament. >> if i join chess, i didn't have anything in my life i was living on the street. we had no house. i dropped out of school, we had nothing we had no food. >> reporter: her father died when she was young. life in uganda was not kind, then she met sport outreach ministry. >> you have the ability to be a

because if you are able to integrate the principles of the game, then you become a champion. >> as she signs autographs, she says it is hard to believe that all of happiness is part of hundreds of calculated moves. >> before we didn't have ahouse, i bought my mom a house. right now i'm at school, i went back to school. >> reporter: her story inspired a book. and now, a movie. disney is set to release a film with that same title this fall. >> the film has some star power behind it.

guy that the good at chess. >> i am actually horrible at chess but i play a mean game of checkers. we one round of rain after the other in the planning forecast. there will be waves of rain coming through tomorrow morning. i'm optimistic that it will not rain everybody single minute or every hour but plan on waves of rain coming through. roads will be wet for the race. temperatures gradually rising through the 50s and into the 60 tomorrow morning. ultimately we make it into the mid and upper 60s. round one of rain is lifting through the tri-state now on precision doppler 12 hd. this is the rain that was coming through no more than an hour

this is light to moderate rain over hamilton county, so everyone inside of the 275 loop it is light rain now. we have some heavier rainfall rates up interstate 71. the heavier band is moving to the north/northeast. there is more rain likely to fill in between now and 2:00 in the morning. so it is not going to rain all night long but odds are good that you will see rain outside of your window or hear rain on your roof through the night into tomorrow morning. rain is likely overnight. can't rule out some thunderstorms overnight.

spike in the warmth comes tuesday. temperatures for most in the upper 50s lower 60s temperatures not going to change that much. 55-60 degrees. relatively warm air has been squashed down to the south. we are still warmer than average. tomorrow in the mid-to-upper 60s. notice adds i showed you here on precision doppler 12 hd, rain is letting up in northern kentucky. clusters of rain coming through between now and 6:00 in the morning. during good morning cincinnati there will be mreny of rain to track. no rough weather is expected

patter of rain drops hitting your roof. notice as we get into tomorrow night the rain is letting up. temperatures slowly fall down to 57 overnight. then back up to 68 tomorrow. rain become more scatter in the afternoon. there is a spike in the warmth. not necessarily cold this week. average high is still around 50 degrees don't forget good morning cincinnati starts at 8:00.8:00. in the meantime local12.com has everything you need. >> there maybe an hour or two when the rain lets up