Wade Wilson Death Penalty Sentencing Delayed: Everything We Know
Wade Wilson has another month before he is possibly sentenced to death after a judge ruled for his upcoming trial to be delayed.
The 30-year-old Florida man has been convicted of murdering Kristine Melton, 35, and Diane Ruiz, 43, in 2019. Wilson was supposed to be sentenced for his alleged crimes on July 23, but according to court records, his lawyers have argued that doctors need more time to evaluate him.
Court records say "two additional mental health experts were not able to modify their schedule to testify at the penalty phase proceedings." Therefore, Wilson is expected to appear in court for a Spencer hearing on August 27 at 9 a.m., and sentencing that same day at 2 p.m.
A Spencer hearing, named for the 1993 case of Spencer v. Florida, allows the defendant's lawyers to present additional evidence to Judge Nick Thompson before a sentence is entered.
Kevin Shirley, one of two of Wilson's lawyers, said one doctor wants to do brain scans on Wilson but that would mean taking him to another facility. This exam would also cost up to $10,000, Fox 4 reports.
The other doctor reportedly needs more time to run his tests on Wilson, which are different than the other ones completed by doctors who testified during the trial.
The State Attorney's Office said the scans are not necessary because there's no evidence Wilson had any brain injuries before the murders and called the move a "fishing expedition," the outlet reports.
"I don't think that there was evidence sufficient that we're concerned that he has to have these done in order to be properly sentenced or properly – or to have his rights protected," Assistant State Attorney Sara Miller said to Fox 4.
Thompson did, however, deny a motion from Wilson's legal team to wear street clothes – likely a suit similar to what he wore during the murder trials – to the upcoming court date.
On July 3, Wilson's lawyers filed a motion for a new trial or acquittal of Melton's murder along with two other charges. Thompson reserved this ruling, which means his decision will be delayed.
Wilson's legal team claims Florida's new death penalty law violated Wilson's constitutional rights. Last April, Gov. Ron DeSantis signed a bill into law to allow a death penalty recommendation if at least eight of the 12 jurors vote for it.
Nine of the 12 jurors recommended Wilson be put to death for Melton's murder during the June trial. Ten of the 12 jurors also recommended Wilson get death for Ruiz's murder.
Newsweek has contacted Shirley and the State Attorney's Office for comment.
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