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. 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 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. inside every bottle of suave professionals is a beautiful blend. moroccan infusion for shine, sea mineral infusion for volume, and discover new coconut oil infusion for repair. find the blend you need for the hair you love. suave professionals works as well as salon brands. live beautifully suave what if one piece of kale could protect you from diabetes? what if one sit-up could prevent heart disease? one. wishful thinking, right? but there is one step you can take to help prevent another serious disease. pneumococcal pneumonia. if you are 50 or older, one dose of the prevnar 13 vaccine can help protect you from pneumococcal pneumonia, an illness that can cause coughing, chest pain, difficulty breathing, and may even put you in the hospital. even if you have already been vaccinated with another pneumonia vaccine, prevnar 13 may help provide additional protection. prevnar 13 is used in adults 50 and older to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. you should not receive prevnar 13 if you have had a severe allergic reaction to the vaccine or its ingredients. if you have a weakened immune system, to the vaccine. common side effects were pain, redness or swelling at the injection site, limited arm movement, fatigue, headache, muscle or joint pain, less appetite, chills, or rash. get this one done. ask your doctor or pharmacist about prevnar 13 today. rooms come in all sorts of shapes and sizes. with eight times more fragrance control, the new air wick scented oil warmer lets you dial up or down. for the perfect amount of fragrance. no matter the size of the room. air wick . home is in the air . allergies with nasal congestion? find fast relief behind the counter with claritin-d. [ 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. >> 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, 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 >> 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 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 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. 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? and so, how do you get justice for a woman who was killed? captioning sponsored by cbs captioned by access.wgbh.org north carolina news at 11 starts now. more chaos and donald trump rally when a processor try to take the stage. it all comes after a violent event in chicago. good evening. we are just days away from tuesday's primary but much of the race is being overshadowed by the front runners. >> reporter: police used pepper spray to disperse protesters in kansas city. >> secret service agents formed a circle around donald trump as in ohio. trump was forced to cancel an event on friday as fights broke out in chicago. police made several arrests. >> there have been other groups of protest but nothing as massive as what i saw last night. >> reporter: donald trump declined to take responsibility. >> they want me to tell my people to be nice. >> reporter: heap blames bernie sanders for its and gaining their violence. >> who has in fact in many ways encouraged violence. >> reporter: they criticize the protesters also faulted the >> been harder every day. >> reporter: trump has rallies and three states schedule for sunday. >> trump is scheduled to make another stop monday in our state. meanwhile all eyes will be in north carolina on tuesday. today marked the last day for early voting and officials reported record-breaking numbers. amy cutler joins us with more on the story.>> they say broke its record for early voting yesterday. more than 50,000 people took part. >> reporter: all across our state people waited in line at the polling place to take it vantage of early voting. the chance is likely to be longer lines on primary day and make their voice heard.'s started march 3 and ended saturday. voted before but there was something this year that made me feel like i had to go out and vote. >> reporter: this is present election-year and we've seen almost all the candidate running visit our area. the board of elections as the turnout was record-breaking. >> we had 55,000 voters come in over the course of this early voting. >> reporter: the state board of elections says voters had cast ballots over friday morning. that is 7/2% of north carolina 6 1/2 voters. >> you have all these people and it's more important to how their lifestyle is. took my kids the first time they had to show photo ideas -- id. to show an id and a county election office. the board of election says everything went smoothly and average weight times were well under one hour. >> reporter: chelsea clinton will be in the triangle and hold a discussion tomorrow. ted cruz will be in fayetteville on monday and sent to visit fayetteville college after 3 o'clock. crews corralled both donald trump and marco rubio according to the latest college poll. trump leads away with 26% and 29% say there is still undecided. hillary clinton leads of bernie sanders 37% to 28%. lawyers said a family thing independent pathologist determined that the man was lauren haviland has the story. >> reporter: evidence uncovered in our investigation is at odds. he was shot and killed a senior officer on february 29 in this raleigh neighborhood.>> the last two weeks have been the hardest time in my life. i would rather hear just arrested him. >> reporter: according to a report from investigators he pulled the gun from his waistband during a physical struggle with the officer.>> we have questions about this account to go >> reporter: of according to the district attorney the report says that he was shot in the chest. they arrange to have an independent pathologist look at >> a review by the family that legal team and a pathologist indicates that he was shot from the back. >> reporter: the family and attorneys say they're asking for transparency. >> the medical examiner came and should expedite the release of its conclusion and report. >> reporter: they're asking for witnesses to speak to them as they continue their own investigation.>> we ask anyone with information regarding the homicide to please come forward and to cooperate with our family and their investigators.>> he was too well loved it to be forgotten. all we pray for his justice. new tonight authorities have identified the woman killed jessica was found dead along with matt jones thursday afternoon. investigators say both were shot to death. the sun was found unharmed and no arrest has been made. a shooting injured a teenager this morning and happen about 12:30. the victim was released from the hospital this afternoon and so far no arrests have been made. friends of the teen said the shooting may have been gained related. rally police are investigating a home invasion that sent a man into the hospital. officers say maurice wilson was shocked and so far no arrest has been made. authorities say alcohol were factors in a deadly crash this morning. authorities say a woman lost control over truck and overturned and ended up underwater in a quick. a wreck sent a people to a hospital. three cars collided on us highway 1. they briefly closed the road after the crash and they say it does appear that everyone hurt will recover. the cause is still under investigation. turning to weather now another great day to be outside with temperatures in the 70s. for more let's head over to build right. >> we had a more sun and we had high temperature that went well above what we forecasted yesterday. we got up to 70 degrees yesterday. it was like spring and don't forget springforward tonight 2:00 am will become a 3:00 am. the sun will set at 7:21 and it is a good time to replace the smoke detectors. right now temperatures are in the 60s and a little bit her brain out to the west of us. you can see mostly cloudy skies over george others were showers out in alabama and moving to tennessee. balboa make its way towards us come tomorrow and we have overnight just clouds and pretty mild. temperatures in the mid-50s and upper 50s. 57 raleigh, 60 fayetteville. wake up my -- time tomorrow 6:00 will come a little earlier tour morning and it will be 58 degrees and 68 and 9 o'clock. mainly cloudy and it should be drive. you see the clouds in here a little bit showers on the edge of the map. though showers are going to come our way and we will time that out for your sunday and see what is in store for monday and see if there's any end to these warm temperatures. i have that coming up. wreckage found in africa could shed new light on the plas a letter from someone who's here. she has to take a brand name drug. been taking it since the early 1980's. at that time it cost approximately $180 for 10 shots. the latest refill was $14.700 for the same 10 vials and the company is called valeant pharmaceuticals. i'm going after them. this is predatory pricing and we're going to make sure it is stopped. unc has defeated virginia to win the acc championship. it turned out to be a low- scoring affair but a big win for the heels. 61 60 one half and 57. todd gibson joins us in celebration is underway. >> reporter: the celebration has ended but it has failed over to the locker room. pretty much company down there both nets have been cut down as a tar heel celebrate a 61-57 title win. this is their first championship since 2008. the tar heels they were in the title game it they had lost so they played great defense and got some clutch baskets and went off the win over the wahoos of virginia. joel berry was the mvp. he played great on the stretch icer hicks was fantastic off the bench and great effort by the tar heels as they wrap up the championship and they will head with a lot of momentum. it was a thing of beauty watching this today. the tar heels played well. their free throws and they came out with a win. north carolina will miles likely be and never once and the number one seed in raleigh. good news for tar heel fans they will not have to travel far. they will be coming up and we will no tomorrow) cbs. still a lot of good basque to come. there could be new clues in the disappearance of malaysia airlines flight. this is after another piece of airplane debris was found. they took a piece of it home. the police contacted officials when another piece was discovered last week. it is only missing planes after that motto. to go after taking off with two or 39 people on board. two lanes were shut down this morning in philadelphia due to fire. brush fire was burning on the road and sent smoke drifting on the highway. the fires out and authorities are investigating what caused it. tonight part of the selfies are dealing with flooding. the situation has forced many out of their homes in louisiana. >> reporter: this afternoon floodwater was seeping through sandbags. crews added more bags along a levy which protects about 3500 homes. the home of chris smith backs right up to the levy. they were ordered to evacuate but decided not to. >> i had surgery on monday. >> reporter: west of here it is

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