Judge to consider gag order changes in Lee Gilley case after attorney accused of violation

HOUSTON - A proposed agreement between prosecutors and the defense team could soon modify a gag order in Lee Gilley’s capital murder case and expand what those involved in the case can publicly say.

Changes to gag order proposed

The backstory:

Defense attorney Dick DeGuerin, who represents Gilley, appeared in court for a hearing on Monday after prosecutors accused him of violating the current gag order.

What's new:

Following the hearing, DeGuerin’s attorney Brian Wice said, "Because the headlines over the course of the last six days have focused on whether or not Mr. DeGuerin was going to be held in contempt, what everybody needs to know flat out is this: There has been no finding of contempt. Period. Paragraph. Full stop. That's your lead. That's your headline."

Instead, Wice says he met with Josh Reiss, who is representing the district attorney’s office, in the judge’s chambers, and the two parties came to an agreement on a proposal to alter the order.

The proposed changes would expand and detail what those involved in the case can say, Wice says.

What's next:

The judge is now considering the proposed changes and is expected to make a decision within the next day.

Lee Gilley capital murder case

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 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.

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 said those comments violated the gag order issued in the case. The Harris County District Attorney’s Office filed a motion asking the court to hold DeGuerin in contempt, leading to Monday's hearing.

Wice released a statement in response saying, "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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