LEGAL EASE
EVENT CALENDAR continued
COLD INJUSTICE
Was an innocent man locked up while his prosecutor became a TV star?
by Matt DeLuca matt@mattdelucalaw.com If you’ve paid any attention to the Texas criminal justice system in the last few years, you may have heard the stories of Michael Morton and Anthony Graves – two innocent men who spent years in prison for crimes they did not commit, both due in part to egregious prosecutorial misconduct. The shameful prosecutors in those cases have since been disbarred. But will that same fate be suffered by star of TNT’s “Cold Justice” and former Harris County prosecutor Kelly Siegler? In 2007, a Harris County jury convicted Matt DeLuca David Temple of the horrific murder of his pregnant wife, Belinda. Over the next eight years, Temple sat behind bars, perceived by the public as a monster. Meanwhile, Kelly Siegler, the (in) famous prosecutor who helped convict Temple gained national attention as the star of her own TV show, TNT’s “Cold Justice.” After trial, Temple’s attorney, Dick DeGuerin, famously said that Siegler had finally “convicted an innocent man.” And in the years that followed, Temple and his attorneys continued to claim his innocence. But were these just typical sound bites from a convicted murderer still exercising his appeals – or was there more to it? Temple’s team specifically claimed that a new witness had come forward after trial about a suspect who had bragged about burglarizing the Temple home on the day of the murder and firing his shotgun inside the residence. On July 8, 2015, following a two and a half month hearing in which Siegler and more than 30 other witnesses testified, Judge Larry Gist filed a scathing 19-page ruling that recommended Temple’s murder conviction be vacated and he be given a new trial. In his ruling, Judge Gist listed 36 specific instances where Siegler
withheld evidence or information that would have been favorable to Temple’s defense. The findings included: Siegler had a sheriff’s deputy contact the new witness who had come forward after the trial, and after the deputy did so, the witness’s story changed significantly, Siegler withheld certain investigators reports from the defense, Siegler withheld the statement of a woman who called the police stating her husband may have killed the victim, and Siegler even helped get an attorney for the alternate suspect the defense believed may have been the actual killer. But why would a prosecutor withhold this information? Siegler stated that evidence favorable to Temple’s defense did not need to be disclosed if the State did not believe it was true. She really said that. And this exposes a greater problem. Prosecutors and law enforcement can develop tunnel vision while investigating a case. They latch on to a suspect and make that version of the story work. It often becomes more about winning than seeking actual justice. Ego plays a large role. Siegler’s bio on the “Cold Justice “TNT website boasts the following: - Kelly has tried 68 murder cases – and has never lost. - Kelly secured the death penalty in 19 out of 20 capital murder cases – earning her the nickname “giant killer.” Judge Gist finished his ruling by concluding that if Siegler had disclosed the favorable evidence, the results of Temple’s trial would have been different. Imagine that. Eight years of Temple’s life inconceivably changed because a prosecutor chose to seek fame, not justice. If you have any legal questions, give me a call at (713) 429-4400 or email me at matt@ mattdelucalaw.com. You can also access my website at www.mattdelucalaw.com.
Aggressive Criminal Defense The Law Office of Matt DeLuca
Houston Office 712 Main St. #2450 Houston, TX 77002
7th Annual Juried Exhibition Exhibit runs through July 30, 2015 Archway Gallery 2305-A Dunlavy St., Houston, TX 77019 Archway Gallery will hold its Seventh Annual Juried Exhibition, benefiting Young Audiences of Houston. The open-themed show welcomes all artists in south and central Texas, 18 years or older, to submit works completed within the last three years independently and not previously exhibited by Archway Gallery. Artists whose work is accepted will be notified by telephone on July 10. Selected juror Gus Kopriva will award all prizes at Archway’s opening reception. First prize winner will receive a $500 cash award with guest artist privileges for one month at Archway Gallery. Cash awards will also be presented to second and third prize-winning artists, with honorable mentions awarded at
Rudy Trevino
(956) 569-0983
Covering the State of Texas
An Independent Agent Representing Homesteaders Life Company
(713) 429-4400 www.mattdelucalaw.com
JULY 23 - AUGUST 5, 2015
Cultured Cocktails Every Thursday, 5-7 p.m. Boheme Cafe and Wine Bar, Please join us for drinks and conversation at Boheme Cafe & Wine Bar on Thursday, July 16th, when a portion of the proceeds from all drink sales during the 5:00PM -7:00PM happy hour will go to support Flamenco Poets Society. So enjoy a drink or two, meet the Flamenco Poets Society team, and take-in Boheme’s bohemian atmosphere! Additionally, the Flamenco Poets Society will be presenting the poetry of Pablo Neruda - a bilingual reading. The proceeds from the evening will support the organization so don’t be shy, raise a glass (or three) while raising funds for Flamenco Poets Society! The Flamenco Poets Society is a non-profit organization based in Houston that is dedicated to promoting an appreciation and understanding of Latin American & Spanish poets and the Flamenco Arts. The Flamenco Poets Society will present the poetry of Pablo Neruda - a bilingual reading. We will be celebrating Neruda’s annual birthday celebration. http://www.theflamencopoetssociety.org/
Pre-plan Funeral Insurance “Helping You Plan your Funeral in Advance with a Commitment to Caring”
“Caring For Those Who Cared For Us”
12
Rhys Ernst (USA); Sunil Gupta (India/UK); Lindsay Morris (USA); Frédéric Nauczyciel (France); Irina Popova (Russia); Anna Charlotte Schmid (Germany); Paul Mpagi Sepuya (USA) and Charan Singh (India). Following the opening reception, the exhibit will be on display through August 29. Admission is free. For more information call 713-223-5522 or visit them on the web at www.fotofest.org
the juror’s discretion. The mission of Young Audiences of Houston is to educate and inspire children through the arts, to make the arts an integral part of the school curriculum, and to advance the field of arts in education through professional teacher development training and community partnerships. Following the opening reception, the exhibit will be on display through July 30. Admission is free. For more information call 713-522-2409 or visit them on the web at www.archwaygallery. com
Discovery!: Three One-Woman Exhibitions Exhibit runs through August 8, 2015 William Reaves Fine Art 2143 Westheimer Rd., Houston, TX 77098 William Reaves Fine Art will present Discovery!, an exhibition series offering intriguing new visual opportunities which may just pose the perfect antidote for the “dog days” of Houston’s summer. In a series of one-woman shows, Discovery! introduces Houstonians (or reintroduces them, as the case may be) to a cache of compelling work by three accomplished Texas women, all of whom channeled considerable energies and talents into the creation of innovative art, and warrant renewed attention and broader recognition within the state’s collector community. Discovery! shines long over-due light on the works of Constance Forsyth (1903-1987), Rita Blasser (1826-2014) and Karen Lastre. The
$40 OFF your client’s choice of any Pillar To Post Home Inspection Package! Call me to book an inspection now - (832) 412-8495 Pillar To Post offers a great home inspection experience for you and your clients, as well as our best-in-the-business report delivered on site upon completion of the inspection.
DALE HALL
TREC License #21144 26948 Carriage Manor Kingwood, TX 77339 (832) 412-8495
Now your clients can choose from our exclusive Home Inspection Packages, including our Prestige Package, featuring our Healthy Home analysis. Take advantage of my $40 SAVINGS offer and discover the Pillar To Post difference. http://dalehall.pillartopost.com/
PUBLIC NEWS