The Brief An Italian court has granted the extradition of Lee Gilley to Harris County for a lesser murder charge. Attorney Dick DeGuerin told FOX 26 the Italian court refused extortion for a capital murder charge. 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 weeks, an Italian court has granted the extradition of Lee Gilley to Harris County after back and forth with U.S. courts.

Attorney Dick DeGuerin told FOX 26 the Italian court refused extortion for a capital murder charge. However, they granted him extradition for a lesser murder charge.

No death penalty for Gilley

The U.S. submitted a formal request to extradite Gilley, but defense attorney Dick DeGuerin said the Italian courts wanted assurances that Gilley would not face the death penalty or life in prison without the possibility of parole, if convicted.

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.

In September, the Harris County District Attorney's Office filed they would not seek the death penalty for Gilley, who is accused of killing his pregnant wife.

The filing also stated that defense counsel, DeGuerin, acknowledged to the court that the state was never seeking the death penalty and that the Italian court has misinterpreted Texas law in their extradition assessment.

The filing added that the state has notified the Court of Appeal of Turin (where Gilley is currently in custody) through the United States Government that it will not seek the death penalty.

 Frankly, I don't think the government can because the only two punishments available for the crime he's charged with, if he's convicted - and keep in mind he has maintained his innocence, he did not kill his wife, he loved his wife - but if he were convicted under the charges now, the only possible punishments are death or life without the possibility of parole. And neither one of those are
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