HOUSTON – A Houston defense attorney is accused of violating a gag order for talking to the media about the murder case against his client Lee Gilley.
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Dick DeGuerin, who represents Gilley, is expected to appear in court for a hearing Monday, where a judge will determine if his public comments violated the order.
The backstory:
Gilley faces a capital murder charge in the 2024 death of his pregnant wife, Christa Gilley. He remains in custody in Italy, where a court is deciding whether to extradite him back to the United States.
According to Gilley’s attorney, the Italian courts have temporarily blocked the U.S. government’s extradition request while they seek clarification about the punishment Gilley could face if he is returned to Texas and convicted.
Prosecutors allege Gilley cut off his ankle monitor, used forged documents, and fled to Italy while out on a $1 million bond before his trial.
The U.S. submitted a formal request to extradite Gilley, but defense attorney Dick DeGuerin said the Italian courts want assurances that Gilley would not face the death penalty or life in prison without the possibility of parole, if convicted.
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DeGuerin said Italy will not extradite someone who could face the death penalty and may also refuse extradition if the defendant could receive life without the possibility of parole.
After that decision, DeGuerin spoke with media outlets about the extradition issue.
Harris County prosecutors say those comments violated a gag order issued in the case, which limits what attorneys can publicly say while the case is pending. The Harris County District Attorney’s Office filed a motion asking the court to hold DeGuerin in contempt.
What they’re saying:
STATEMENT OF BRIAN WICE ON BEHALF OF DICK DEGUERIN AS REGARDS THE STATE’S MOTION TO HOLD MR. DEGUERIN IN CONTEMPT FOR STATEMENTS MADE TO THE MEDIA IN THE LEE GILLEY CASE:
“I have great respect for Josh Reiss, but this motion is a masterclass in prosecutorial overreach. Any concern about Dick DeGuerin’s comments to the media in the Lee Gilley case could have been resolved with a phone call—not a legally and factually unsupported DEFCON-1 contempt motion. We are confident that come Monday, Judge Peebles will agree that these comments did not come remotely close to violating the Court’s gag order.”
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What’s next:
The hearing is scheduled for Monday, August 3 at 11:30 a.m.