Lee Gilley's attorney says Italy blocked extradition over capital murder death penalty concerns, forcing Harris County prosecutors to make concessions.
"I've never had one like this."
Texas criminal attorney Dick DeGuerin has been practicing law for six decades; he is currently representing Lee Gilley.
Gilley, 39, is the Houston husband accused of murdering his pregnant wife Christa Bauer Gilley, 38, inside the family's home in October 2024.
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Investigators say the murder suspect cut off his ankle monitor and fled from the U.S. to Italy in May, weeks before his trial was supposed to start.
"I've been a criminal defense lawyer for 60 years," DeGuerin said. "In that time, I've had other clients who have skipped bond, not often, very infrequently – I've never had one like this."
He said Gilley was taken into custody by Italian authorities following his arrival – he's been sitting in an Italian jail cell in Turin ever since.
Over the summer, the U.S. government initially tried to extradite Gilley back to the country to face his alleged crimes – but that came to a halt when the Italian courts blocked it.
"The Italian courts will not extradite if the death penalty is on the table, and the charge against Mr. Gilley is capital murder. In Texas, there are only two punishments for capital murder, death or life without the possibility of parole," DeGuerin said.
On Sept. 18, Harris County prosecutors dropped the death penalty after Italian judges demanded written guarantees before extradition.
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"Italy is asking that they commit fully that the death penalty is off the table," DeGuerin said.
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He went on to say, "We never thought that was on the table anyway, but Italy has required that."
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DeGuerin said Italian courts are concerned a judge could have the power to overrule that and assess the death penalty.
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"The answer to that clearly is no. Only a jury can do that," he said.
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Gilley's attorney also told Fox News Digital that Italy can refuse Gilley's extradition if there is a possibility he could could be sentenced to life without the possibility of parole, if convicted.
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.
This story was first published by Fox News - Latest. Read the original report
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