TURIN, Italy \u2013 Lee Gilley, the Houston Heights man charged with capital murder in the death of his pregnant wife, Christa Bauer, asked an Italian court to stop his extradition back to Texas, saying he is seeking \u201cprotection\u201d for himself and his family.<\/p>\n
Gilley, 39, fled Texas on May 1 and later arrived in Italy, where he was arrested at Milan Malpensa Airport after authorities said he had false documents. KPRC 2 previously reported he was detained in Italy after disappearing ahead of his scheduled Harris County trial.<\/p>\n
In Courtroom 49 of the Turin Court of Appeal, NBC News reported that Gilley told judges he wants to remain in Italy and became emotional while talking about his children. NBC News reported he claimed extradition documents leave out details he says support his innocence, including that there were no marks on his wife\u2019s neck, and argued it would be dangerous for him to leave Italy without protection.<\/p>\n
\u201cI am seeking protection in Italy. The attached documents do not state that there are no marks on my wife\u2019s neck,\u201d Gilley said in court. \u201cI will not flee Italy without protection; it would be dangerous for me. They want to punish me, and I am asking for protection for myself and my children.\u201d<\/p>\n
Deputy Attorney General Marina Nuccio asked the court to approve extradition and keep restrictions in place, according to Italian media outlet la Repubblica.<\/p>\n
At the center of the fight is how Gilley could be punished if he is returned to Harris County. Gilley\u2019s Italian attorney, Monica Grosso, told NBC News she wants a formal, written waiver of the death penalty from Texas prosecutors and said that has not been provided. Grosso told NBC News there is only an embassy note offering reassurance, and she cited a June 25 email she said was sent by Harris County prosecutor Janna Oswald to Gilley\u2019s U.S. attorney stating prosecutors did not want to file a waiver with the court. <\/p>\n
Grosso also told NBC News the defense believes Gilley\u2019s wife suffered from a blood disorder and that blood traces found in the bedroom do not match the prosecution\u2019s account of what happened. <\/p>\n
\u201cIt appears that Gilley\u2019s wife was suffering from a blood disorder, and traces of blood have been found that are not consistent with the US prosecution\u2019s account of events,\u201d Grosso told NBC News. \u201dTraces found on the bed and on the furniture are not consistent with suffocation. Eighteen months earlier, his wife had been in intensive care.\u201d<\/p>\n
The Turin Court of Appeal reserved its decision and must rule within six months, though a decision could come within weeks. The court could order extradition, deny it and release Gilley, or seek additional clarification \u2014 potentially through Italy\u2019s Ministry of Justice \u2014 on guarantees related to punishment.<\/p>\n
Gilley has been moved from a Turin prison to Ivrea Prison north of the city after issues with other inmates, which his attorney linked to the high-profile nature of his case.<\/p>\n
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