Prosecutors want a gag order in the Lee Gilley case after the Houston capital murder suspect allegedly fled to Italy using fake documents.
HOUSTON — Prosecutors in the capital murder case against a Houston man accused of killing his pregnant wife are now asking a judge to impose restrictions on what attorneys, witnesses, and law enforcement officials can say publicly about the case, according to newly filed court documents.
The filing comes days after authorities say Lee Mongerson Gilley cut off his GPS ankle monitor and fled the United States before being detained in Italy while allegedly traveling with fake Belgian identity documents.
Prosecutors seek gag order
In the motion filed Thursday night, prosecutors asked the court to restrict “extrajudicial statements” made to the media by attorneys, witnesses and law enforcement officials connected to the case.
The filing specifically criticizes defense attorney Dick DeGuerin over recent media interviews discussing the case and his client’s flight from the country.
According to the motion, DeGuerin gave interviews to People Magazine and another Houston television station after the court had already entered an order addressing media coverage in the case.
Prosecutors accused DeGuerin of attempting to “advance the defense’s theory of the case” publicly and argued the case “needs to be tried in a court of law, not the court of public opinion.”
The proposed order would prohibit attorneys, their staffs and law enforcement officers from discussing the case with the media. It would also restrict witnesses from publicly discussing the case after giving statements to investigators or prosecutors.
In the filing, prosecutors argued the case has already generated extensive local, national and international attention because of both the allegations and Gilley’s alleged flight from the United States.
The motion also states the court previously recognized “the unusually emotional nature of the issues involved in this case and the media coverage this case has already generated.”
Federal documents detail alleged flight to Italy
Federal court documents filed earlier this week allege Gilley cut off his court-ordered GPS ankle monitor May 1 and fled the United States before arriving in Milan on an Air Canada flight. Authorities say he was traveling under the name “Lejeune Jean Luc Olivier.”
According to the affidavit, Italian border police determined the Belgian passport and identity documents he presented were fake and forged.
Authorities say Gilley later admitted his true identity while in immigration custody and acknowledged he was awaiting trial in the United States for the murder of his wife.
Gilley is now in custody in Italy and has reportedly claimed asylum there.
DeGuerin previously told KHOU 11 his client fled to Canada before flying to Italy.
Extradition questions remain
Gilley was due to stand trial May 29 on a capital murder charge tied to the death of his pregnant wife, Christa Gilley.
Because the case is eligible for the death penalty, extradition could become more complicated. Italy abolished the death penalty, and European extradition agreements can limit transfers in death penalty cases unless prosecutors agree not to seek execution.
Tom Hogan, a professor at South Texas College of Law Houston, told KHOU 11 extradition may still be possible depending on whether prosecutors pursue the death penalty.
“In this case, if it is capital murder and the DA’s office is not seeking the death penalty there may not be many impediments to extradite him to the U.S.”
Case stems from death in Houston Heights home
The case began Oct. 7, 2024, when Christa Gilley was found unresponsive at the couple’s home on Allston Street in Houston’s Heights neighborhood.
According to previous reporting, Lee Gilley called 911 that night and told dispatchers his pregnant wife was not responding.
Christa Gilley was taken to a hospital, where she was pronounced dead.
The Harris County medical examiner later determined her cause of death was compression of the neck and upper back.
An arrest warrant charging Lee Gilley with capital murder was issued Oct. 11, 2024. He was released on bond six days later before authorities say he fled the country earlier this month.
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