Texas prosecutors announced they won't seek the death penalty against a man accused of killing his wife and fleeing the country as his trial was set to begin, they told an Italian court, clearing a path for his extradition to the United States.
Lee Gilley, 39, faces a capital murder charge in connection with the October 2024 death of his wife, Christa, who was nine weeks pregnant when she died. The Harris County Medical Examiner's office determined her death was a homicide resulting from neck compression. He pleaded not guilty.
Authorities allege Gilley removed his ankle monitor on May 1 and left Texas before his scheduled trial was to begin. He got to the Milan Malpensa Airport in Italy by using a fake name and forged travel documents, according to court records. He was taken into custody by Italian authorities.
Gilley's American attorney, Dick DeGuerin, previously told Fox News Digital that Italy wanted a written guarantee prosecutors wouldn't seek the death penalty before considering his return. Italian authorities may also demand assurances against a sentence of life without parole, he said.
The Harris County District Attorney said in a Friday court filing obtained by Fox News Digital that it won't be pursuing the death penalty against Gilley, but stopped short of taking life without parole off the table as a possible sentence.
READ THE FILING:
"Nevertheless, the State files this unusual notice because the defendant continues to falsely insist to the Court of Appeal of Turin that he remains subject to the death penalty, and that a judge or jury could assess the death penalty notwithstanding the State's decision not to seek that punishment," the filing states.
Harris County prosecutors also accused Gilley's Italian attorney, Monica Grosso, of misleading the Turin Court of Appeal by telling it that commutation is impossible for someone sentenced to life without parole.
"Should he be sentenced to life without parole, the defendant would be eligible for commutation consideration," prosecutors said. "It is our hope that this notice will put an end to the defendant's charade so that he can be tried by a jury or judge in the United States and the victims receive the justice they deserve."
A hearing was held before the Turin Court of Appeal on Sept. 7. DeGuerin told Fox News Digital that Gilley's extradition was again delayed.
During a July 15 hearing at the Turin Court of Appeal, Gilley said he is seeking protection in Italy, according to NBC News. The Turin Court of Appeal blocked the extradition request during a hearing on July 20.
Grosso also said the defense contends Christa had a blood disorder and that blood discovered in the couple's bedroom did not align with the prosecution's version of how she died.
"I am seeking protection in Italy," Gilley said. "They want to punish me, and I am asking for protection for myself and my children."
Anne Bremner, who advocated for Amanda Knox while she was detained in Italy, told Fox News Digital that Gilley made a "very smart choice" in fleeing to Italy, a country that doesn't have a death penalty.
"It was a very smart choice for him to flee to Italy of all countries because they do not have the death penalty they bought extradite if a death penalty is on the table," Bremner said.
Bremner said she thinks that prosecutors taking the death penalty off the table "would be enough for the Italians to allow him to come back to Texas," but said it's possible Italian courts may make more demands.
Bremner said the outcome could set a troubling example for other defendants facing capital charges.
"There's potential for somebody to look at that and say, 'Well, I guess I could do that too and flee the death penalty that's on the table.' And the answer is yes, because obviously in this case, he jumped bail, had forged documents and made it all the way to Italy before he was caught," Bremner said. "And he's not going to face the death penalty, where it clearly was on the table, or should have been, under the law in Texas."
Gilley will have another hearing at the Turin Court of Appeal on Oct. 7.