Counsel for Wade Wilson requests new trial, acquittal, citing legislation changes
Counsel for a Fort Myers man convicted of the brutal 2019 deaths of two Cape Coral women is requesting a new trial, citing changes in legislation, concluding that the jury's death recommendation violated constitutional rights.
A jury recommended in 9-3 and 10-2 votes for each of the victims that Wade Wilson, 30, receive the death penalty. The same jury convicted him June 12 of the slayings of Kristine Melton, 35, and Diane Ruiz, 43, and other charges linked to the crimes.
The motion, filed July 3 by defense attorney Lee Hollander, says the court erred about a Florida state statute that allowed a jury recommend death if at least eight jurors voted in favor. Before the new statute took effect, a jury's death recommendation required jurors' unanimous vote.
According to the motion, the 10-2 and 9-3 votes would not have ended in death recommendations under the prior statute.
The motion further says the court, presided by Lee Circuit Judge Nicholas Thompson, failed to provide Wilson with separate jury trials for the different charges and prove Wilson possessed Melton's car without her consent before she died.
According to the motion, Wilson asks for either a new trial or a judgment of acquittal on the murder, burglary and grand theft charges. Thompson had not ruled on the motion as of Monday morning.
Leading to the jury's death recommendation, Assistant State Attorneys Sara Miller and Andreas Gardiner argued the murders were cold, calculated and premeditated.
Born to underage parents, Wilson was given for adoption and grew up in the Tallahassee area.
Wilson faces sentencing July 23.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at [email protected] or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Wade Wilson: FL killer seeks new trial, citing constitutional rights
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