Wade Wilson sentencing delayed until next month after both defense experts unavailable

A Fort Myers man convicted of brutally murdering two Cape Coral women in 2019 will have to wait another month to learn his fate on whether he receives the capital punishment after his counsel was faced with scheduling complications.

Lee Circuit Judge Nicholas Thompson on Friday ruled that the sentencing for Wade Wilson, 30, be reset to Aug. 27.

The hearing lasted exactly 90 minutes. During that time, Thompson heard arguments from defense attorneys Lee Hollander and Kevin Shirley, as well as Assistant State Attorneys Sara Miller and Andreas Gardiner.

Friday also included a break that lasted about 20 minutes, allowing Thompson to reflect on whether he would postpone the sentencing in the capital murder case.

Five jail deputies stood around Wilson during the hearing.

MRI, CT scan could 'shoot us in the foot' or not

A jury recommended on June 25 in 9-3 and 10-2 votes for each of the victims that Wilson 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.

Shirley argued experts cannot bring testing machinery into the Lee County Jail, which would require transporting Wilson to get an MRI and a CT scan done.

The defense has previously argued Wilson suffered several head injuries during his childhood and teenage years when he played different sports.

"Their opinion could shoot us in the foot, could be helpful, I don’t know," Shirley said of the delay before Thompson ruled on the motion.

The only item experts do not have is the trial transcripts, Shirley said. He added that experts did not share how long their work would take or their availability.

Thompson later reached out to both doctors' offices. He spoke with one of them, while the other was at a Palm Beach County murder trial.

"I don’t know what happened in this case," Shirley said. "A lot of people dropped the ball."

State prosecutors argued the testing was not a requirement or would impact Wilson's sentence.

"I don't think it's a requirement under law for every defendant to go through that testing under that expense," Miller said.

Miller alluded to how Wilson refused testing from another expert leading to the penalty phase of his trial.

"We could be here until the end of time calling different experts," Miller said.

Thompson initially reserved ruling on the motion while he heard other pending motions in the case and arrived at his conclusion.

Motions for acquittal, clothing heard

Wilson's counsel filed two separate motions. One sought a new trial, citing constitutional rights violations, while the other hoped Wilson would be allowed to wear regular clothing at his sentencing, opposed to his orange Lee County Jail uniform.

"There's absolutely no reason for Mr. Wilson to be dressed in anything else than what he’s dressed in today," Gardiner said.

Thompson denied Wilson's request.

Thompson reserved ruling on the motion for acquittal and new trial.

One of the arguments brought by Shirley and Hollander is that there was no evidence Wilson did not have permission to use Melton's car. Among Wilson's charges is grand theft of Melton's car, which he then used to repeatedly run over Ruiz's body.

"Whether he had consent and then killed her is offensive," Gardiner said of the defense's argument that Wilson did not have Melton's permission to drive her car.

Judge calls two doctors before giving delay decision

Once Thompson heard the other motions, he circled back to the motion to delay Wilson's sentencing. He told both sides he needed more information before he ruled on the request.

After a break that lasted approximately 20 minutes, Thompson said he needed to speak with both doctors.

Thompson asked Shirley for their phones numbers, but the defense attorney said he did not have their contact information.

Miller assisted with finding both their numbers. Thompson then dialed each of them and placed them on speaker in open court.

Both experts said they are unavailable Tuesday.

One had a scheduled appointment with an inmate in Miami, while the second expert is in trial in Palm Beach County.

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com 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 sentencing delayed until next month after both defense experts unavailable