“I’ve never had a case like this.”
Texas criminal defense attorney Dick DeGuerin has practiced law for 60 years and is now representing Lee Gilley.
Gilley, 39, is accused of killing his pregnant wife, Christa Bauer Gilley, 38, inside their Houston home in October 2024.
Prosecutors allege Lee Mongerson Gilley killed his wife, Christa Bauer Gilley, who was nine months pregnant, in Houston in 2024. (Christa Bauer Gilley/Facebook)
Investigators allege Gilley removed his ankle monitor and fled the United States for Italy in May, just weeks before his trial was scheduled to begin.
“I’ve been a criminal defense lawyer for 60 years,” DeGuerin said. “I’ve had other clients skip bond, but not often—very infrequently. I’ve never had one like this.”
Italian authorities arrested Gilley after he arrived in the country, DeGuerin said. He has remained in an Italian jail in Turin ever since.
Lee Gilley has been held in a Turin, Italy, jail since his arrest by Italian authorities. (Getty Images: FilippoBacci)
The U.S. government initially sought to extradite Gilley over the summer so he could face the allegations in Texas. That effort stalled after Italian courts blocked the extradition.
“Italian courts will not extradite someone when the death penalty remains a possibility, and Mr. Gilley is charged with capital murder,” DeGuerin said. “In Texas, capital murder carries only two possible punishments: death or life in prison without the possibility of parole.”
On Sept. 18, Harris County prosecutors withdrew their request for the death penalty after Italian judges sought written assurances before approving the extradition.
Lee Mongerson Gilley and his defense attorney, Ed McClees, right, are shown in the 497th District Court at the Harris County Justice Center, 1201 Franklin, Thursday, Oct. 17, 2024, in Houston. He is charged with capital murder in the death of his wife, Christa Gilley. (Melissa Phillip/Houston Chronicle via Getty Images)
“Italy is asking for a firm commitment that the death penalty will not be pursued,” DeGuerin said.
“We never thought it was on the table anyway, but Italy has required that commitment,” he added.
However, the extradition dispute involves another legal obstacle.
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)
DeGuerin said Italian courts are also concerned that a judge might have the authority to override the agreement and impose the death penalty.
“The answer to that is clearly no. Only a jury can impose that punishment,” DeGuerin said.
Gilley’s attorney also told News Outlet that Italy could deny the extradition if Gilley might receive a sentence of life without parole following a conviction.
Lee Mongerson Gilley, 39, is accused of murdering 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.
