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/Staff Photographer
A bailiff called Lee Gilley’s name three times outside a Harris County courtroom Tuesday as a formality — but didn’t expect to hear an answer.
At that moment, Gilley was in Italy, seeking asylum while he awaits trial in the death of his pregnant wife, according to authorities. At a court hearing Tuesday, the judge in the case tried to piece together how Gilley fled the country, and why it took days for county officials to notify the judge.
READ MORE: Lee Gilley, accused in pregnant wife’s death, flees the U.S. ahead of trial
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Gilley, 39, arrived in Milan after cutting off his ankle monitor Friday night and presenting false documentation in Toronto, Canada, and again as he entered customs in the northern Italian metropolis, Harris County prosecutor Lauren Bard said in court. She received a call from FBI agents in Rome around noon Monday with word that Gilley had been detained with questionable travel papers.
Gilley confessed his real identity and requested asylum from his capital murder prosecution when authorities tried sending him back to Canada, Bard said. He remains detained overseas.
His attorney, Dick DeGuerin, said he communicated with Gilley by email on Sunday, but was unaware that he had left the country.
When asked by the judge, neither side knew how long the asylum process could take or when Gilley could be extradited to Texas.
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Impact on the murder case
If convicted of capital murder, Gilley would automatically be sentenced to life imprisonment without parole as the Harris County District Attorney’s Office has never publicly voiced an intent to seek a death sentence at trial.
DeGuerin suggested the prosecution may have to formally agree to avoid seeking the death penalty against Gilley in order to bring him back to Texas. Some countries where the death penalty has been abolished, such as Italy, may not extradite someone if the death penalty is being considered.
DeGuerin expressed dismay that he’s unable to communicate with Gilley to advise him to not fight the extradition.
The obstacles in quickly returning Gilley to Texas could postpone Gilley’s trial, scheduled for June 5, in the death of his pregnant wife, Christa Gilley, with whom he had two other children. He called 911 hours after the couple went to bed on Oct. 7, 2024, to report she had taken her own life through a drug overdose.
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MORE COVERAGE: Who are Christa and Lee Gilley? The Houston Heights couple at the center of a capital murder case
Gilley was arrested after authorities concluded his wife had trauma to her neck and face consistent with strangulation.
An earlier judge in the 497th District Court ordered Gilley to be held on $1 million, and he posted bond with the help of his family, officials said. He was free, having surrendered his U.S. passport, at the time he left the country.
Judge Peyton Peebles, who took over the case following Gov. Greg Abbott’s appointment in 2025, questioned both sides about who knew what and when.
‘I have an issue with that’
The prosecution and defense found out Monday that Gilley was in Italy, as did the judge. Members of Harris County Pretrial Services, however, were alerted around 9 p.m. Friday that Gilley’s ankle monitor may have been tampered with.
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A supervisor with the department, Stacy Davis, went before the judge and said their policy is to inform the court within 24 to 48 business hours of a potential bond violation. In this case, they waited until business hours Monday to disclose the violation.
Peebles deemed their policy an issue that “should be tweaked” as he had previously ordered them to call him personally at all hours if Gilley had “gone outside the restricted area.”
“If suspicion rose at 9:13 p.m. Friday, and I don’t learn about it until Monday morning in a capital murder case — I have an issue with that,” Peebles said.
The judge asked Davis to report back to him on whether pretrial services could provide more timely information in the future, especially for high-risk cases like the one involving Gilley.
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Natalie Michailides, pretrial services’ executive director, agreed there was room for change.
“Although Pretrial Services followed our current notification protocols in this instance, we recognize existing guidelines can be improved,” Michailides said in a statement.