Attorney for man charged with killing wife says fleeing to Italy could jeopardize his defense

HOUSTON, Texas (KTRK) -- A Houston man accused of killing his pregnant wife is now in an Italian jail instead of getting ready for his capital murder trial in Texas. His attorney says this could hurt his defense.

Lee Gilley was set to go on trial in the next few weeks at a Harris County courthouse for the 2024 death of his wife, Christa Gilley.

Prosecutors say Gilley strangled her in their Heights-area home. Authorities report that Gilley left the country after removing his ankle monitor on May 1.

On Wednesday, investigators towed Gilley's vehicle from his family's home as they kept looking into how he may have left the United States before his trial.

Court records show that Gilley went through Canada before flying to Milan, Italy.

Investigators say he used fake Belgian ID documents with the name "Lejeune Jean Luc Olivier."

Dick DeGuerin, Gilley's lead defense attorney, said he had prepared a strong defense and that Gilley did not strangle his wife.

"He didn't strangle his wife. He loved his wife," DeGuerin said. "We believe she died because of a severe medical condition she had, hemoglobin anemia, which mirrors symptoms of strangulation."

DeGuerin says he did not know Gilley planned to flee or how he managed to do it.

He admitted that prosecutors might use Gilley's alleged escape against him in court.

"When you flee, it can be taken as consciousness of guilt," DeGuerin said. "I'm concerned about that."

According to his defense team, Gilley has hired an attorney in Italy and is seeking political asylum there.

DeGuerin said bringing Gilley back to the United States could be complicated because of the possible punishment he might face if convicted.

"In every civilized country in the world, except the United States, there is no death penalty," DeGuerin said. "Most of those countries with extradition treaties with the United States forbid extradition if they face the death penalty."

The Harris County District Attorney's Office declined to comment on what sentence prosecutors would seek if Gilley is convicted.

A court hearing is set for Friday in Italy, where more information about Gilley's status and possible extradition may come out.