Wade Wilson, accused in 2019 double homicide, seeks to redo 15 depositions

For about an hour, at least five law enforcement officers stood behind a man facing capital murder charges in the 2019 deaths of two women as the defense and state laid out the path to a tentative trial date.

Assistant State Attorney Andreas Gardiner said the state is ready to proceed toward a tentative late April trial date, while counsel for Wade Wilson, 29, said they have several tasks to complete, including redoing depositions for 15 witnesses.

During Wednesday's hearing, Wilson whispered that depositions were once interrupted when then-attorney David Joffe reportedly didn’t return after a lunch break. Wilson told counsel the depositions are essential in his case.

Wilson, of Fort Myers, is represented by Lee Hollande and Kevin Shirley.

"The state is a little frustrated with what still needs to be done," Gardiner said.

Hollander suggested a July trial date. He also asked Lee Circuit Judge Nicholas Thompson to set a spare week between the guilt and penalty phases of the death-penalty trial.

Hollander and Shirley said they still need to obtain Wilson's school and medical records.

"He should have everything, including audios, videos and forensics items," Gardiner said addressing Hollander before Thompson. "This case is almost five years old."

Gardiner asked for a list of witnesses from the defense and begged the court to maintain the April trial date.

Hollander and Shirley said they plan to file several more motions challenging the death penalty.

How many potential jurors screened in Wade Wilson's case?

Thompson suggested bringing in 50 potential jurors daily until a jury is seated.

A representative for the clerk’s office said they'd need all the information related to the case by late February to send out the summonses to potential jurors.

Jury selection could take up to two weeks.

What is Wade Wilson accused of?

Wade Wilson, 29, is charged with the first-degree murder of Kristine Melton, 35; grand theft of Melton's car; battery on Melissa Montanez, 41; first-degree murder of Diane Ruiz, 43; burglary of a dwelling belonging to Kent Amlin or Fannie Amlin; and petty theft from Kent Amlin or Fannie Amlin.

Melton and Ruiz, both of Cape Coral, were killed within days of each other in October 2019. Melton was found dead in her home; Ruiz’s body was found in a field days after her disappearance.

Wilson was indicted by a Lee County grand jury in November 2019. He has been in Lee County Jail since October 2019.

He has at least twice faced additional charges since his initial incarceration at the Lee County Jail for the 2019 homicides. In April, he faced charges in a narcotics scheme.

More than two years prior, in October 2020, Wilson, along with a man accused in a domestic violence case, was thwarted in a bid to escape Lee County Jail.

Wilson and his cellmate at the time, Joseph Katz, 33, were both involved, authorities said.

When their roughly 10-foot-by-10-foot cell was checked, the only window in the unit showed signs of tampering with the metal frame holding the window removed and the thick security glass window showed several cracks.

The sheriff's office report said Wilson was the primary planner and instigator and that Katz could not have been ignorant of the attempt or not have taken part in it. Both men refused to make a statement to deputies.

What do Wade Wilson's attorneys seek in recent motions?

The first of the two recent motions, filed Jan. 10 by Hollander, claims no evidence exists to link the two charges related to Melton with the other four counts.

Separately, on Jan. 11, Wilson, through Hollander, filed a motion that seeks to disqualify him from a potential death sentence under a recent change in legislation, which allows juries to recommend death in an 8-4 vote.

Before the bill took effect April 20, 2023, all 12 jurors had to unanimously find at least one death-penalty aggravating factor existed during deliberations in the guilt phase of the trial. Lee Circuit Judge Nicholas Thompson hasn't yet ruled on the motion, court records show.

He's at least the second Lee County inmate facing capital murder to challenge the newer legislation in recent weeks.

Lee Circuit Judge Bruce Kyle on Jan. 29 ruled that Nicholas Canfield, 28 — whose trial was postponed a day after a jury was seated — remains eligible for the capital punishment. Canfield faces one count of capital first-degree murder; one count of sexual battery on a child younger than 12; and three counts of aggravated child abuse.

Thompson set hearing for the pending motions in the case, including the death penalty challenges, for 3 p.m. March 12.

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 seeks depositions of 15 witnesses redone in murder case