Life or death? Penalty phase for Wade Wilson, convicted of double murder, delayed until Monday
A judge delayed the penalty phase for a Fort Myers man convicted last week of the 2019 murders of two Cape Coral women after his counsel filed a motion Wednesday. It will begin Monday.
Wade Wilson, 30, faces a possible death penalty. A jury convicted him on June 12 of the first-degree murders of Kristine Melton, 35, and Diane Ruiz, 43; the grand theft of Melton's car; battery on Melissa Montanez, 41; burglary of a dwelling belonging to Kent Amlin or Fannie Amlin, and petty theft from Kent Amlin or Fanny Amlin.
The penalty phase was set to begin Thursday and expected to last two days.
According to the motion filed Wednesday by co-defense attorney Kevin Shirley, Wilson's other attorney, Lee Hollander, has been unable to assist in the preparation of the penalty phase since Monday.
The motion said illness and treatment impacted Hollander's timeline. The document further referenced a delay in approving mitigation witnesses, which could impact whether Wilson receives the capital punishment.
Who was Christine Melton? Cape Coral murder victim Kristine Melton was best friend, cat mom
Who was Diane Ruiz? Cape Coral murder victim Diane Ruiz was loving mom, hardworking
Who is Wade Wilson? Guilty: Wade Wilson convicted of all counts in 2019 murders of Kristine Melton, Diane Ruiz
Shirley said in the motion that the defense had not been able to schedule evaluations through two other witnesses.
"The delay until Monday, June 24, 2024, is critical to a full and fair adjudication of the issue of the jury's recommendation and preparation by both sides," the motion reads in part.
In court Thursday, Shirley told Thompson their neuropsychologist has raw data that he could not immediately analyze. The timeline for the raw data interpretation was not immediately provided.
"We've done everything that we need to be ready today, but we can't," Shirley said.
Shirley said he and Hollander need depositions taken from all experts Friday morning. He added the experts are already scheduled.
"Under no circumstances it’s going to take past Tuesday," Shirley said.
Thompson paused for a moment and referred to Wilson, asking him if he understood what had happened. Wilson briefly answered, "Yes."
Shirley said he needs to compile a list of mitigating factors and has to check with the defense's mitigation specialist, who could spare Wilson from the death penalty, depending on the results.
What happened during Wade Wilson's guilt phase?
Wilson, convicted of killing two women the same day nearly five years ago, sat emotionless while the court read a guilty verdict on all six counts against him as the victims' families hugged, cried and sighed.
Testimony concluded June 11 when Assistant State Attorneys Andreas Gardiner and Sara Miller rested their case. After consulting with defense attorneys Hollander and Shirley during a short break, Wilson chose not to testify on his own behalf.
The state called 29 witnesses. They included relatives of the victims; acquaintances of Wilson; and others Wilson met the night before the murders.
It took jurors approximately three hours to convict Wilson.
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: Attorneys ask court to delay penalty phase in Wade Wilson trial