Kevin Shirley, the lawyer representing Wade Wilson, expressed his determination to appeal the death sentence handed down to his client on Tuesday. This development follows a Lee County, Florida judge’s ruling that condemned Wilson to death for the murders of two women.
Speaking exclusively to Newsweek outside the Lee County Justice Center, Shirley conveyed his anticipation of the sentence, acknowledging the challenging legal road ahead. The culmination of the five-year legal battle resulted in the death penalty for Wilson, a decision Shirley’s legal team is prepared to challenge vigorously.
The sentencing followed a jury decision in June where jurors voted 9-3 in favor of the death penalty for the murder of Kristine Melton and 10-2 for the murder of Diane Ruiz. This verdict was delivered under Florida’s revised capital punishment law, enacted by Governor Ron DeSantis in April 2023, which controversially allows for a death penalty recommendation with a non-unanimous jury vote, requiring only eight out of twelve jurors to agree.
“It was kind of anticipated,” Shirley commented on Judge Nick Thompson’s official ruling. He explained the uphill battle in overturning a jury recommendation, stating, “It was a 9-3, 10-2 jury ruling months ago, and it takes quite a bit of extra evidence in a Spencer hearing to convince a judge to override a jury recommendation. The unfortunate thing is we didn’t have a lot of other information to provide to the court. We gave what he have.”
Wade Wilson’s lawyer, Kevin Shirley, addressed the media after his client received the death sentence for the murders of two women in Florida. The defense team is now preparing to appeal the ruling. Photo: Law&Crime / Newsweek’s Erin Keller
Wilson, 30, known for his impassive demeanor throughout the trial, showed no visible reaction upon hearing his death sentence. When Newsweek inquired if Wilson had communicated anything to his legal team post-sentencing, Shirley responded, “No, not at all.”
Shirley elaborated that the possibility of this outcome had been extensively discussed with Wilson. “I mean, we’ve been discussing this with him for quite some time. He understands the law, he understands what it takes to override a jury recommendation,” Shirley stated, indicating Wilson’s awareness of the legal complexities.
Reflecting on the unusual public attention surrounding the case, Shirley mentioned his past work on the State V. Joseph Zeiler capital murder trial. In an email last month to Newsweek, he noted the unprecedented “fanfare surrounding Wilson’s case” on social media.
“I’ve never been involved in anything like this before. I don’t know how many tens of thousands of people are communicating with him or communicating with each other about him. There’s donations that are set up for him. I think it’s ridiculous, but there’s a lot of people that think otherwise.” This statement underscores the unique level of public engagement and, in some cases, support for Wilson, despite the heinous nature of his crimes.
Adding to the unusual aspects of the case, a FUNDLY fundraiser titled “Save Wade Steven Wilson,” aiming to “prove his innocence and fight for a new, fair trial,” has garnered nearly $74,000 towards its $100,000 goal. Remarkably, individual donations include a staggering $24,000 contribution from a donor identified as Jenette and a $10,000 anonymous donation.
The fundraiser page, seemingly yet to be updated with the death sentence news, articulates its objective: “Our donation campaign aims to raise funds to help Wade Steven Wilson afford a reputable, specialized, and competent legal defense team to take over his case and appeal his upcoming sentencing on August 27, 2024. This campaign is not a debate about innocence or guilt but about the right to a fair and objective trial.” This highlights a segment of the public’s belief in Wilson’s right to further legal recourse, irrespective of the guilty verdict.
Spencer Hearing Highlights Conflicting Expert Testimonies
In a Spencer hearing preceding the sentencing, the defense presented testimony from neurologist Dr. Mark Rubino. Dr. Rubino asserted that MRI and brain scans conducted on Wilson indicated brain trauma. He attributed this to Wilson’s reported history of two concussions from teenage sports and two separate car accidents where he was “knocked out.”
However, this testimony was directly challenged by Dr. Thomas Coyne, Lee County’s Deputy Chief Medical Examiner. Dr. Coyne, taking the stand, presented a contradictory assessment, concluding that his examination of Wilson’s brain scans showed no signs of atrophy, thereby disputing the claims of brain trauma. This conflict in expert opinions likely played a crucial role in the judge’s final sentencing decision.
Appeal to Florida Supreme Court Filed by Wade Wilson’s Lawyers
As anticipated, Wilson’s legal team, consisting of Kevin Shirley, Lee Hollander, and Wendy Perez, swiftly initiated the appeal process following the death sentence. The appeal is now set to proceed directly to the Florida Supreme Court. Shirley acknowledged that this legal battle would be “a long, lengthy process,” indicating a protracted fight ahead.
Prior to the sentencing, Judge Thompson had already rejected a motion from Wilson’s defense team seeking acquittal or a new trial specifically for Kristine Melton’s murder. This earlier denial underscores the significant legal hurdles Wilson’s lawyers face in their appeal efforts.
Wade Wilson’s Lawyer Addresses Client’s “Intimidating” Appearance and Tattoos
Adding a further layer of intrigue to the case, Shirley had previously described Wilson as “very intimidating” in an email to Newsweek. However, he also noted a professional working relationship, stating, “Once he realized what we were doing for him he was not adversarial and never has been with the rest of our staff.”
Addressing the intense public and media focus on Wilson’s tattooed face, which includes swastikas and a Joker-inspired stitched smile, Shirley confirmed that attempts were made to conceal them during court proceedings. Makeup was permitted but ultimately proved “insufficient” in covering the extensive tattoos.
Shirley provided context for Wilson’s appearance, explaining, “Mr. Wilson created his appearance while in custody awaiting trial. He has never expressed his reasons. My colleague successfully argued for a procedure to cover up the tattoos, however, when that did not work, I attempted to use that to show his mental instability.” This reveals a strategic, albeit unsuccessful, attempt by the defense to leverage Wilson’s appearance as a potential mitigating factor in the trial.
The case of Wade Wilson and the legal journey undertaken by his lawyer, Kevin Shirley, continues to captivate public attention as the appeal process begins in the Florida Supreme Court.
