“I’ve never represented anyone in a case like this.”
Texas defense attorney Dick DeGuerin has spent 60 years practicing criminal law. He is now representing Lee Gilley.
Gilley, 39, is accused of killing his pregnant wife, 38-year-old Christa Bauer Gilley, inside their Houston home in October 2024.
Prosecutors allege Lee Mongerson Gilley murdered his nine-months-pregnant wife, Christa Bauer Gilley, in Houston in 2024. (Christa Bauer Gilley/Facebook)
Authorities say Gilley removed his ankle monitor and left the United States for Italy in May, just weeks before his trial was scheduled to begin.
DeGuerin said that although he has occasionally represented clients who fled while out on bond, Gilley’s case is unlike anything he has encountered during his career.
Italian authorities arrested Gilley after he arrived in the country. He has remained jailed in Turin ever since, according to DeGuerin.
Lee Gilley has remained in a Turin jail following his arrest by Italian authorities. (Getty Images: FilippoBacci)
The U.S. government began seeking Gilley’s extradition during the summer so he could return to Texas and face the allegations. That effort stalled after Italian courts rejected the initial request.
DeGuerin explained that Italy generally will not extradite a defendant when the death penalty could be imposed. Gilley faces a capital murder charge in Texas, where the possible sentences are death or life in prison without parole.
On Sept. 18, prosecutors in Harris County withdrew their request for the death penalty after Italian judges sought formal assurances that Gilley would not face execution if returned.
Lee Mongerson Gilley and his attorney, Ed McClees, right, appear in the 497th District Court at the Harris County Justice Center in Houston on Thursday, Oct. 17, 2024. Gilley is charged with capital murder in the death of his wife, Christa Gilley. (Melissa Phillip/Houston Chronicle via Getty Images)
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“Italy wants a complete commitment that the death penalty will not be pursued,” DeGuerin said.
He added that the defense never believed execution would ultimately be sought, but Italian officials required the guarantee as part of the extradition process.
Even with that issue addressed, however, Gilley’s return to the United States remains unresolved.
Defense attorney Ed McClees and his client, Lee Mongerson Gilley, appear in the 497th District Court at the Harris County Justice Center in Houston on Oct. 17, 2024. Gilley is charged with capital murder in the death of his wife, Christa Gilley. (Melissa Phillip/Houston Chronicle via Getty Images)
According to DeGuerin, Italian judges are also concerned that a Texas judge might still have authority to impose a death sentence despite the prosecutors’ decision.
“The answer is clearly no,” DeGuerin said, emphasizing that only a jury has the authority to impose the death penalty in Texas.
Gilley’s attorney also told News Media that Italy could continue to deny extradition if there remains any possibility that Gilley could receive life without parole following a conviction.
Lee Mongerson Gilley, 39, is accused of killing his wife, Christa Bauer Gilley, and their unborn child in Houston in 2024. (Christa Bauer Gilley/Facebook; Melissa Phillip/Houston Chronicle via Getty Images)
The U.S. has until Sept. 30 to respond to Italy’s requests for clarification. After that happens, there will be a status conference on where Italy stands in the extradition process.
“We’ve maintained from the very beginning that he is not guilty and he did not kill his wife,” DeGuerin said.
Gilley’s status conference is set for Oct. 7.