Delay requested on life or death decision of Florida killer Wade Wilson
Counsel for a man convicted of brutally murdering two Cape Coral women in 2019 is requesting a delay in his sentencing scheduled next week, citing scheduling complications.
A jury recommended on June 25 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.
According to the latest motion, filed Wednesday, Kevin Shirley — who has represented Wilson along with Lee Hollander — said the court has appointed four mental health experts to assist the defense.
Shirley indicated two of the experts did not have "sufficient advance warning so as to modify their respective schedules" to attempt to conduct examinations, interviews and tests of Wilson. He later added that the other two potential witnesses have been provided materials given to the testifying experts, but they have insufficient information to provide opinions at the July 23 Spencer hearing to assist without personal contact with Wilson.
A Spencer hearing allows the judge to hear arguments and witness statements ahead of sentencing.
Shirley said one of the doctors is committed to testifying in two capital murder cases during the time interval surrounding Wilson’s hearings and is unavailable July 23. He added both doctors are able to schedule examinations if Lee Circuit Judge Nicholas Thompson resets the sentencing date.
"Without their potential testimony, the defense has little evidence to present for the Court’s consideration at the Spencer hearing," the motion reads in part.
In a motion filed July 10, Hollander requested that Wilson be allowed to attend the Spencer hearing, as well as his afternoon sentencing hearing, dressed in civilian clothing instead of his orange Lee County Jail uniform.
It is the second time Wilson's counsel requested a delay since the trial began.
Penalty phase delayed due to illness
The penalty phase, which began after the jury convicted Wilson and concluded with the death recommendations, was expected to begin June 20, but Thompson on June 19 OK'd a motion filed by the defense that argued Hollander had been unavailable for three days, citing illness.
The penalty phase ultimately began June 24.
As of Thursday morning, Thompson had not ruled on Shirley's request to delay Wilson's sentencing.
Thompson has received at least three letters from community members who asked that he sentence Wilson to life without parole. The letters condemned the capital punishment.
An online petition that seeks to "prevent the death penalty for Wade Wilson" as of Thursday morning collected more than 8,600 signatures toward its 10,000 goal.
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: Florida killer's attorneys ask court for sentencing delay