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An Italian court is refusing to extradite an American accused of killing his pregnant wife unless a Texas judge agrees not to pursue the death penalty.
Lee Mongerson Gilley, 39, was charged with capital murder for allegedly strangling his pregnant wife, Christa Bauer Gilley, on October 7, 2024, in their $1 million home. He has pleaded not guilty.
Prosecutors allege that Gilley fled from Houston to Italy on a forged passport in May, just weeks before he was expected to stand trial.
He was arrested immediately upon arrival in Milan on May 3, but asked for asylum to avoid the death penalty. Prosecutors have never asked for capital punishment.
Italy this week has temporarily blocked America's extradition request because the European Union bans its member states - including Italy - from sentencing convicted criminals to death or life without parole, Gilley's defense attorney Dick DeGuerin revealed.
'When we spoke, the district attorney's office said it would not seek the death penalty, but it has not filed that formally,' DeGuerin told KTRK. 'That's what the Italian courts are looking for.'
US officials must provide documentation to Italian authorities confirming that capital punishment is off the table by August 31. Gilley's next extradition hearing is scheduled for September 7.
Suspect Maintains Innocence
Gilley maintains his innocence and claims that Christa died from a pre-existing medical condition, the attorney said. The Harris County coroner ruled her death a homicide caused by neck compression.
Italy abolished the death penalty in 1994. Texas, however, is one of the 27 states in the US that carry out capital punishment.
DeGuerin said he has had limited contact with Gilley since his May 3 arrest, which he alleged has complicated trial preparations.
'Every civilized country in the world, including Italy, has abolished the death penalty,' DeGuerin said in a statement to the Daily Mail. 'Furthermore, Italy does not recognize the penalty of life in prison without the possibility of parole.
'The indictment in the Gilley case charges capital murder and Texas law provides only two punishment possibilities upon conviction, death or life in prison without possibility of parole.'
Gilley appeared before a Court of Appeals Judge at Italy's Palace of Justice in May, during which he refused to consent to extradition.
He told the judge he wanted to stay in Italy 'because of the lifestyle, the culture, the international protection, and to receive a fair trial.'
'My wife is dead, and they wrongly blamed me. I am innocent. I did not kill my wife,' Gilley told the court at the time. 'The only crime I committed was fleeing. I fled to avoid being killed. I went to great lengths to escape and seek protection in Italy.'
Gilley Claims Wrongful Prosecution
The defendant told authorities he was being 'wrongfully prosecuted' and feared he would get the death penalty if the trial continued in Texas.
The judge asked if he wished to relocate to another country while seeking asylum.
Gilley replied: 'I chose Europe because of its due process guarantees, and Italy because there is strong public opposition to the death penalty.'
On October 7, 2024, prosecutors said Gilley called 911 and claimed his wife, Christa, had tried to kill herself by overdosing, adding that he was performing CPR.
Christa was taken to the hospital, where she was pronounced dead.
Doctors quickly discovered injuries to her body that were not consistent with a [self-murder] attempt, according to court documents.
Christa's autopsy determined she died 'due to compression of the neck' as her injuries were consistent with strangulation. She was eight weeks pregnant at the time.
Gilley and Christa shared two other children, who were one and three at the time of her death.
In charging documents, Gilley allegedly admitted that Christa was not suicidal. The couple had been arguing before her death.
Police Detail Alleged Escape Plan
According to police, he previously discussed traveling to Mexico or another country with an unidentified woman.
In communications, he detailed his plans to remove the GPS tracker from his ankle monitor and potentially enter a foreign marriage to obtain a new identity, officials said.
Gilley was charged with capital murder in 2025. He was released on bond and ordered to wear an ankle monitor, forfeit his passport, and get permission to travel.
On May 1, 2026, Gilley left the United States, traveling through Canada using forged Belgian passports and a false name, authorities believe.
He was arrested in Milan two days later and currently remains in custody.
Meanwhile, the vacant $1 million Houston home where Gilley is accused of having killed his wife has triggered a separate criminal investigation.
Houston police were called to the residence on June 17 after receiving a complaint for alleged trespassing, Fox News reported.
Home Subject of Separate Criminal Probe
A man at the property told officers that he had a right to be at the home and was prepared to 'go to court' to stake his claim, Houston police told the outlet.
Lee and Christa Gilley purchased the home in 2018, property records show.
But controversial property operation Save A Life Homes LLC filed a deed and claimed ownership rights of the home through adverse possession on May 21.
Matthew Jackson signed the document as an authorized representative of the company on May 8, just one week after Gilley fled to Italy.
The Harris County Precinct 1 Constable's Office opened a criminal investigation into the attempted takeover earlier this month. Jackson has not been named as a suspect and no charges have been filed.
Save A Life Homes LLC has filed at least nine other controversial property deeds, public records show.
The Daily Mail has approached the Harris County District Attorney's Office and Save A Life Homes LLC for comment.
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