Murdaugh Murders Podcast - TSP #75 - Russell Laffitte’s Big Break + How Christa Bauer Gilley’s Family Is Fighting to Keep Her Babies Safe

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Starting point is 00:00:28 Huh, maybe that apple hit me a little harder than I thought. Yeah, you should get that checked out. With standard 4x4 capability, Broncos keep going up and up. Now get purchase financing from 0% APR for up to 60 months on eligible 2024 Bronco family models. Is it your Toronto area Ford store or ford.ca? I don't know how long it will take for Krista Bauer Gillies family to get justice. But after learning more about the considerate and kind person she was and after seeing what her parents went through in the horrifying aftermath of her death, we are now more determined

Starting point is 00:01:12 than ever to shine a much needed light on Houston, Texas. My name is Mandi Matney. This is True Sunlight, a podcast exposing crime and corruption previously known as the Murdoch Murders Podcast. True Sunlight is a Lunashark production written with journalist Liz Farrell. Well, hello there. I'm in a great mood. I just joined Blue Sky last week and I am loving it. Please send us a note if you are on there.

Starting point is 00:02:02 We love hearing from our listeners. And since I've been taking a little bit of a step back from social media platforms recently, I really have missed hearing from y'all. This is not an ad for Blue Sky, I swear, but it does make me happy to have a place to connect with y'all aside from our amazing Luna Shark Discord for Premium Members. You all remind me of how much good there is in the world and I love hearing your thoughts, insights, opinions, and suggestions about our shows. Also, I'm in a good mood because we have a super exciting guest on next week's Cup of Justice.

Starting point is 00:02:41 I mean it when I say that she has always been on my top 10 list of dream interviews. I'm going to be dropping some subtle and not so subtle hints on Instagram on who this guest might be. And the first person to guess will get some awesome Luna Shark merch. Stay tuned to my Instagram for hints and check out the big interview on Tuesday or Monday for premium members. Before we get started, we have a few quick updates. First, the Kaluci trial. I cannot believe we still don't have a date for this.

Starting point is 00:03:21 Actually, I can. I can totally believe it. Who am I trying to kid? You all know better. But the semi-good news here is that the South Carolina Attorney General's office is now telling us that they're aiming for March of next year and that the reason for the ongoing delay has been trying to schedule their out-of-state experts. So that's something. Remember, next spring will be 10 years since Sarah Lynn Colucci was killed, allegedly at the literal hands of her husband, Michael Colucci, who lawyered up with Andy Savage.

Starting point is 00:03:57 No murder case should ever be this old. Ever. No victims should be strung along for this many years. Ever. Michael Colucci has been walking free this whole time with more and more reason to believe he will always walk free. At what point is there a consequence to that? What recourse will Sarah Lynn Colucci's daughter Bishop Vieira have if the man the state of South Carolina says brutally murdered her mother gets off because of this? I think we all know the answer.

Starting point is 00:04:29 Okay, second quick update. There's still no hearing scheduled in Buster Murdoch's defamation case, but the defendants are pushing back hard on Buster's attempt to have the case kicked back to state court. In filings over this past week, they're basically like, be serious Buster. And they've picked up on something in Buster's motion that's interesting. The key issue here is that the defendants maintain that Buster only included Hampton reporter Michael DeWitt in the case because he wanted to keep the case in his home turf with his forefathers' home juries. The defendants say that this is fraud. If they can get the court to agree with them, then the case will stay in federal court, which might hurt Buster's chances at success.

Starting point is 00:05:15 To do that, they're in part using Buster's own arguments against him, saying that his position, which is that it matters little whether anything DeWitt said in the Netflix documentary was true or not, is basically an admission of that fraud. Meaning Buster is telling the court that he is allowed to keep DeWitt as a defendant regardless of whether he said anything defamatory about Buster on the series. We've already told you how the defendants have accused Buster and his attorney of manipulating the quotes and willfully leaving out key context. Buster's response to that and the filings was basically, using the full quotes only helps my case.

Starting point is 00:05:54 So that's it in a nutshell. We'll keep you posted when the court's ready to hear their arguments or make a decision. Alright, let's talk about the big old lucky break that Russell Lafitte got this past week. Russell can't admit defeat Lafitte lives on. The 4th Circuit Court of Appeals vacated his conviction and Elex alleged co-conspirator is now headed back to Charleston for another trial as early as this January, according to our Cup of Justice co-host Eric Bland, who received an email from the U.S. Attorney's Office shortly after the decision was posted. Assistant U.S. Attorney Emily Limehouse appears to be on it.

Starting point is 00:06:43 Okay, so what? why, how, right? In short, Judge Richard Gergel screwed up. And it's one of those screw ups that is so, so annoying because it was in part born out of arrogance. But also we understand how it happened and why he did what he did. Russell's jurors, as you might remember, started their deliberations on the Tuesday before Thanksgiving. And eight hours into it, two juror issues came up.

Starting point is 00:07:12 By the way, I'm starting to think there will never be a time when we don't have to talk about jurors being ridiculous. So here is what happened late on Tuesday,, November 22, 2022, the Tuesday before Thanksgiving, Judge Gergel got four notes from the jury in quick succession. One was from Juror 93. She needed to take medication and the medication was not with her. The second note was also from Juror 93, who said she was feeling pressured to change her vote, and the word pressured was underlined twice.

Starting point is 00:07:50 Then there was a third note from the jury foreperson that referred to a hostile juror who was refusing to participate in jury debate and refusing to comply with Judge Gergel's instructions and who didn't agree with Judge Gurgle's instructions and who didn't agree with Judge Gurgle's definitions of terms related to how they were to arrive at their decision. That juror turned out to be juror 93. Okay, put juror 93 in a box for a second. The second juror, juror 88, sent the fourth

Starting point is 00:08:23 note. In that note, she told the judge she was experiencing intense anxiety and asked to be replaced by an alternate, which Judge Gergel did. He questioned her, with a court reporter, then dismissed her. When he got back to the courtroom, Russell's lawyers were like, uh, come again? You did what now? Okay, now put juror 88 in a box. Let's go back to juror 93. Long story short, she was dismissed

Starting point is 00:08:52 and replaced with an alternate, which Russell's attorneys agreed to. It is not clear when that decision was made, but it happened. Russell's appellate team claimed that the judge should have sought options to keep Juror 93 active. According to the 37-page decision, Juror 93 said in an affidavit from after the trial that she had spoken with the courtroom staff about the option of having her friend bring her medicine to her. We'll talk about that affidavit in a second. The other claim from Russell's team was that this juror was removed outside of his presence,

Starting point is 00:09:29 which is silly. The appellate court was like, uh, even if that were true, Russell's attorneys didn't directly consult him before agreeing to her dismissal. Quote, Lafitte, comma, a sophisticated businessman, comma, was present at counsel's table throughout the discussion, end quote. And besides, his lawyers have the right to act on his behalf without consulting him on that. Pause for a second. Did y'all ever think that Russell Lafitte, you know, the star of Russell TV, season one, would ever be called a sophisticated businessman. It doesn't fit, right? But it's also how a normal person outside

Starting point is 00:10:14 of the Murdoch ecosystem regards the CEO and president of a bank as a sophisticated businessman. Russell's alleged crimes with Ellic definitely resonate the way they're supposed to, despite Russell's efforts to aw shucks his way into the, I was tricked by Ellic Murdoch club. All right. So the appellate court disagreed with Russell's attorney on juror 93. They were like, nah, none of that violated his constitutional rights. But Juror 88, let's talk about her now.

Starting point is 00:10:49 So Judge Gergel, in an effort to keep the deliberations going and not ruin everyone's thanksgivings, dismissed her without consulting Russell's attorneys first. Last they knew, he was just going to question her to find out what was going on and then bring the situation to the courtroom where they could make their case against removing her. Why do we know that they would have argued

Starting point is 00:11:13 against her removal? Because the jury had been going on for eight hours without a decision, and this woman was basically saying, they are stressing me out. The logical assumption is that she was a holdout vote, meaning the jury appeared to be hung from their perspective. The government's argument in all of this is, hey,

Starting point is 00:11:33 before the judge left the courtroom to talk to 88, he said, okay, I'm going to take action. Fair enough. Everybody cool with that? So case closed. The appellate judges disagreed. They referred to this statement as something uttered by Judge Gergel and they ruled that it was too ambiguous of a statement to not be seen as a violation of Russell's Fifth Amendment right to be present

Starting point is 00:11:56 for that decision. Now Jurr 88 told Judge Gergel that she made her decision on Russell based on paying attention to the trial and taking notes. She also told him that she didn't want to be replaced, but rather had to be because the other jurors pressure was causing her anxiety disorder to flare up. The appellate court considered those two facts plus the fact that the new jury, with its two alternate members, plus the fact that the new jury, with its two alternate members, came to a decision within an hour and decided that this was all evidence

Starting point is 00:12:30 that Judge Gergel's decision to dismiss Jur 88 also violated Russell's Sixth Amendment right to a fair trial. One last thing on their decision, because this is very interesting to us, one of the contentions from Russell's team was that Judge Gergel also aired by not considering the jurors' affidavits and his decision denying Russell a new trial.

Starting point is 00:12:53 Here is David with what the appellate court had to say about those affidavits. When he's reading this, I want you to think about the Murdoch murder jurors, Ol' Egg Lady and poor ol old juror 630, specifically. In addition, although we do not rely on the district court's finding that juror number 93's affidavit was not credible, we nonetheless note that it supports our conclusion. The district court found that juror 93's affidavit quote carried the hallmark of the manipulating and

Starting point is 00:13:25 shaping of the jurors testimony by defense counsel. Uh, what? I'm shocked. Defense attorneys manipulating and shaping juror testimony? This is an outrage. How dare the court accuse innocent defense attorneys of such trickery. Do they not know that every person is entitled to the best defense that they can afford? I mean, I don't know. It sounds like this kind of criticism means the appellate judges knew nothing

Starting point is 00:13:55 about criminal defense lawyering. Sorry, I was channeling our very reliable and loud trolls who like to turn any criticism of criminal defense attorneys into some weird statement about our intelligence. Here's David again with the rest of what they wrote. The district court noted that portions of Juror 93's affidavit, quote, tracked word for word the same portions of Juror 88 affidavit." The court also noted that her affidavit included language commonly associated with lawyers and appeared,

Starting point is 00:14:34 strategically prepared to overcome the binding effect of defense trials counsels content to her replacement." In sum, in light of the broad reach of Rule 606-B and the clear connection between the affidavits and the statements and incidents made during deliberations, the District Court correctly excluded Juror No. 93's affidavit. Thus the District Court did not abuse its discretion in denying Lafitte's motion for a new trial based on her affidavit. It is a beautiful thing to see lawyers get called out on this. And we love that it is now memorialized in this opinion because good. It is especially interesting to us because these appellate judges knew that this is how it's done, right?

Starting point is 00:15:27 It's common practice for attorneys to summarize what they've been told by a witness and type it up for the witness to make changes and then swear to and sign. While we love that Judge Gergel and the appellate court made a point of putting this on the record, we imagine it seems kind of petty to all those lawyers out there. But that's because they know how it works. The public doesn't. Okay, back to Russell.

Starting point is 00:15:54 So what does all of this mean? Well, for one, Russell Lafitte is gonna have to get some giant ballet shoes for himself because I imagine he's going to have to do some dancing around the truth and the family money tree. The Lafitte family is still tied up in civil cases and then there's one little matter of Russell being accused of skipping out on his massive legal bills.

Starting point is 00:16:18 For the past two years, all we've heard is that the Lafittes, you know, the people who own a bank, are telling people behind the scenes that they're broke. Where have we heard this one before? Oh yeah, Elick Murdoch. What's funny here is that Russell is caught in a few conundrums because of this decision. We will talk about that after a short break and we'll be right back. after a short break, and a new account and earn up to 4.65% interest for the first six months. Before you know it, your savings will grow without you even noticing. Oh, which reminds me, I need a haircut. Conditions apply. Ends December 15th. Rate is annual, calculated daily, and will vary based on account balance. Visit scotiabank.com slash right-sized savings for full details.

Starting point is 00:17:18 Visa and OpenTable are dishing up something new. Get access to primetime dining reservations by adding your Visa Infinite Privilege Card to your OpenTable account. From there, you'll unlock first come, first serve spots at select top restaurants when booking through OpenTable. Learn more at opentable.ca forward slash Visa Dining. dining. So Russell Feat. He's once again considered innocent until proven guilty. But for him, this would be kind of like winning a 15-bedroom ski chalet in Utah and realizing that the taxes and utility bills are more than your family's annual income. So yay, but also uh-oh.

Starting point is 00:18:08 Now the first conundrum that Russell faces is the very obvious matter of having, shall we call them, billing issues with the very people who have secured his upcoming freedom. That's Bart Daniel, Matt Austin, Mark Moore, and William Wilkins. And yes, I said upcoming. As of Wednesday, Russell remains in Coleman Federal Prison in Florida. We're currently trying to find out when his release will be and what stipulations there will be for his bond. For instance, is he currently lubing up those ankles to put on those double GPS trackers

Starting point is 00:18:42 back on? So, we're hearing he could be out Monday or sooner. But this is peak Russell behavior. Did he think he was going to lose his appeal and that's why he wasn't paying his attorneys? If so, that's like blowing up all your credit cards because you believe in end of the world prophecy on TikTok only to find out that nope, the world is still spinning and now you have to pay up. The second conundrum.

Starting point is 00:19:08 Remember how Corey Fleming waited until after Alex's murder trial to strike his plea deals with the feds and the state, and that when he had his federal plea hearing he was like lock me up today please? That's because Corey, though he be a fool in all of the ways, isn't dumb. The sooner one faces their imprisonment, the sooner one is released. Unless you're a double murderer like Ellic. Even though I'm sure Russell is probably so overjoyed at this decision from the Fourth Circuit, it does delay what we hope is the inevitable for him.

Starting point is 00:19:43 Look how long it took him to get to this point. The trial was two years ago. It took almost another year to sentence him. Then he kept trying to put off his check-in date. And now we're here, a year and some change into his seven-year sentence that has now been vacated. Which brings us to conundrum number three. And this is the biggie. This is the fun one. Russell's 21 state charges. The state AG's office has always expressed its intention to close the circle on Russell and try him in state court like they did with Ellic and Corey. And we believe them. But also there's reality. Russell wasn't due to get out of federal prison until March 2029.

Starting point is 00:20:23 The Murdoch spotlight fades with each day that passes. Unless Ehrlich wins his appeal and gets another trial, it's likely that this spotlight will keep fading to the point that there's a Russell who factor for prosecutors to consider. Like, oh right, the banker guy who was friends with Ehrlich. That imagined lack of public interest might, let's say, tempt the State Attorney General's office into giving Russell a plea deal, maybe even suggesting time served, you know? I'm not saying this is likely, but it's a possibility. And that possibility seems more likely if Russell were staying in prison longer. So while the U.S. Attorney's office

Starting point is 00:21:03 is saying that they intend to retry Russell right away, and like we said, that might happen as soon as January, and we think that's great if it's true. Let's talk about the other options, shall we? Maybe it's time to get the band back together. You know, the one where Crate and Waters mesmerizes all of us with his impassioned guitar riffs. What I'm saying is this, maybe it's time for the state to step in here. Remember the brutally appropriate slap in the face that Corey got from Judge Newman?

Starting point is 00:21:31 That almost 14 year sentence that Corey has to serve after he's done at Club Fed in June, 2026? He's obviously still appealing that decision, but it doesn't look good for him. So far, like we said, the US Attorney's Office is saying that it's going to retry Russell. But is that just for show right now? Or is that just prosecutor Emily Limehouse feeling geared up and ready to reclaim her victory? Because it might actually make more sense to give it over the state right now. Let's see what they can do with those 21 charges. Okay lastly conundrum number four. That's

Starting point is 00:22:05 a combo. Russell's claims of being broke plus his bad faith behavior with his attorneys and their bills plus his second chance at freedom he's already lost once, that's going to cost a whole lot of money. So he better hope there are piles of cash hidden under that vintage trailer at best that his wife Susie told us all about. This is all just to say that this really is a good news, bad news situation. The bad news is that it looks like we're getting a sequel to Russell TV and ol' Russell can't accept defeat Lafitte got the confirmation he needed that his can't accept defeat strategy defeat Lafitte got the confirmation he needed that his can't accept defeat strategy was a winning one for now. And the even worse news is that this puts the victims back at square one, which is

Starting point is 00:22:51 immensely unfair. The good news, though, is that Russell's future is even more uncertain for him now. Any R&R he was getting at his prison home is now over. And any money he was counting on being there for him when he was finally done serving his time or any money he was counting on for defending his state charges is now going to be depleted. Or that looks like the case anyway. Who knows with these Murdoch maniacs?

Starting point is 00:23:19 Okay, so what does this mean for Elec Murdoch, right? Does this juror-centric decision from the Fourth Circuit Court of Appeals matter at all when it comes to the key questions in Elec's appeal? No, different issues entirely. But like we said in Cup of Justice this week, it is confirmation that Judge Newman took extra care and precaution before deciding to dismiss the egg lady juror. It solidifies that he was standing on business when he did that and she has no recourse there. He not only had Sled conduct an investigation,

Starting point is 00:23:51 he himself questioned witnesses, including Mr. Egg Lady who said, yeah, his wife would talk about the trial at home. And Judge Newman involved Dick and Jim every step of the way. And most importantly, they had an opportunity to object to her removal, which they did not do. That said, the issue in Ellic's case is related

Starting point is 00:24:12 to whether the fact that Becky said anything at all to the jurors is enough to get an exploratory hearing or even a new trial, not whether Egg Lady was appropriately dismissed because she was. The most annoying thing with the appellate court decision on Russell, beyond what it does to the victims and beyond all of us having to suffer through the long line of Lafitte cousins on the stand, is that Russell's case is what originally led to PMPAD and Palmetto State Bank getting labeled as victims by the court.

Starting point is 00:24:42 Russell was ordered to pay $3.5 million in restitution to them, the two entities that could have stopped this from happening in the first place if they hadn't been running their businesses so sloppily. Russell no longer has to pay that, by the way, which is a plus, obviously, but this case represents a deal with the devil as far as we're concerned. PMPED and Palmetto State Bank were cooperating witnesses in Russell's case. So from where we sit, it looks like the US Attorney's Office chose to look the other way on certain things.

Starting point is 00:25:14 Like, remember when Russell's sister and father got up on the stand and seemed to be admitting to crimes? Remember them getting charged for that? No? Exactly. The whole thing was so offensive and still is. Why should PMPED and Palmetto State Bank get reimbursed for investigations they were obligated to conduct? The court has agreed to order Russell to reimburse the bank almost three quarters of a million dollars for their investigation

Starting point is 00:25:41 and more than $120,000 for PMPD's required investigation. It's just sick. We were hoping this decision would mean that the U.S. Attorney's Office would be getting a second chance to finally address the unindicted co-conspirators that we believe exist, but it's probably a misplaced hope. Unless Russell has been holding out. Remember those conundrums? Unless Russell has really enjoyed the prison charcuterie and its selection of commissary straw sun hats, it's a good

Starting point is 00:26:13 assumption that he doesn't want to go back there. And boy does he deserve to go back there. It's the Russells of the world that allow people like Ellic and Corey to do the bad things, right? If Russell had acted like a man of character as his many supporters say he is, then he would have been like, absolutely not Elec. But he wasn't, he has no character. And you know what? He might've actually gotten off pretty easy

Starting point is 00:26:38 the first go around. So if Russell still has cards to play, like crimes that maybe he knows about, then it would seem like now would be as good a time as any to do that. And we really hope he does. Okay, now we need to talk about the Krista Bauer Gilley case. 38-year-old Krista Gilley, a pregnant mother of two, was strangled to death by her husband, 38-year-old Lee Gilley, on October 7th, 2024,

Starting point is 00:27:09 in their Houston Heights home, according to police. Before we tell you about the latest in her family's fight to get justice, we wanted to share Krista's beautiful obituary that was posted on Tuesday, November 19th. It is perfectly written, and I want our whole team to read this. It is so important that we all get to know Christa.

Starting point is 00:27:34 ["The Last Supper"] Kristen Nicole Bauer Gilley had a rare gift, the capacity to welcome and care for everyone in her orbit. A born nurturer, she was blessed with a magnetism that drew in family, friends, and strangers, who rarely stayed strangers for long. In fact, it was nearly impossible not to be close to Krista. As a physical therapist, she had no qualms doling out a warm embrace.

Starting point is 00:28:17 She knew just when to hold hands while sharing a clever joke or to link arms to smooth a moment of anguish. More often than not, she'd end up wrapped around another's shoulders, comforting or laughing, or both. Krista had an innate ability to heal and a God-given talent for sharing her love. She captured her parents' hearts on the day she was born in February 1986, a ray of sunshine in gray, chilly Pittsburgh.

Starting point is 00:28:51 The first of four girls, Krista, was a quintessential oldest daughter, starting her caregiving career by looking out for her younger sisters, Samantha, Laura, and Sarah. Part role model and part cheerleader, Krista guided her sisters through homework and setbacks and the responsibilities of the family's multiple restaurants where there too she served customers with warmth. Krista regularly found ways to expand her already large family, both biological and chosen, enveloping her cousins on annual beach trips and playing second mom to her sister's

Starting point is 00:29:35 friends as well as her own. Christa handled the move in middle school from Pennsylvania to Cortland, Ohio to Summerville, South Carolina, with characteristic grace, quickly making connections in the tight-knit community. Soon she was riding to school with neighbors who became lifelong friends. She joined the Summerville High School color guard and pitched for the softball team, her wiry frame belying her ability to throw a curveball. Behind her sweet exterior also hid a sharp intellect and wry sense of humor. She was an excellent and driven student, and outside the Green Wave halls had an adventurous streak.

Starting point is 00:30:21 Senior skip days, liberally adopted by all, were spent on jet skis, singing made-up songs about alligators, or on trips to Folly Beach, shouting the lyrics to the Sister Act soundtrack. It was during those years she met the rest of the Pink Ladies, an inseparable friend group that adopted Dancing in the Moonlight as both theme song and mantra, a call to get out and dance, carefree, in the parking lots, fields, childhood bedrooms, and later, weddings and reunions. Krista attended Clemson University in 2004, and Tiger football became a part of her DNA. She rushed Alpha Chi Omega, latching onto Pledge Sisters, equally nervous at their first

Starting point is 00:31:14 rush parties and never letting go. Like real sisters, they shared shoes and secrets, had slumber parties, and marveled at Krista's ability to make it to 8 a.m. anatomy class. Yet, even while studying abroad in Italy, she took time away from the food, wine and nightlife to watch reruns while nursing a feverish friend. She graduated with a degree in public health in 2008 and went on to earn a doctorate in physical therapy at the University of Pittsburgh, a return that only strengthened her devotion to the Steelers.

Starting point is 00:31:52 She became a board certified clinical specialist in cardiovascular and pulmonary physical therapy and after serving several years as a traveling physical therapist, settled in Houston in 2014, where she embraced her new home and community. There, Christa adopted Riggs, a Golden Retriever and her first child, and found her tribe in the Houston Clemson Club, where she was known to make those deemed bad luck leave a watch party or two, which she organized as president. Krista found her dream job at Memorial Hermann Hospital in the Texas Medical Center, caring for critically ill patients with heart and lung complications, alongside colleagues who became her work family. She was a fierce patient advocate, developing and implementing protocols

Starting point is 00:32:45 to improve their mobility. She later became an adjunct instructor of physical therapy at the University of Texas Medical Branch and at Pitt, using her mentoring skills to nurture and train the next generation of physical therapists. In 2020, Christopher fulfilled her lifelong dream the next generation of physical therapists. In 2020, Christopher fulfilled her lifelong dream of becoming a mother to daughter Madeline, then son Ganon in 2022.

Starting point is 00:33:14 She excelled at motherhood, her most cherished role, and showed it in big ways, including her seemingly endless patience and small, like carrying a box of sprinkles around Sicily to bring home because they were Maddie's favorite. She was the first to plan birthday parties, usually months in advance, complete with plenty of sprinkles, and to enroll her kids in sports, softball, naturally.

Starting point is 00:33:40 She also found time to encourage other mothers in her life, lifting them up during the hardest points of parenting. She was thrilled to be pregnant with her third child and to reveal to her family she was due in May. Krista was humble in her strong Christian faith, serving others quietly without the need for recognition. Often she did so seamlessly, the recipients barely knew it, except that they felt better in her company.

Starting point is 00:34:11 Christa and her unborn child returned to the Lord on October 8th. She is survived by her two children, as well as her loving parents, Chris and Sharon Bauer, and devoted sisters Samantha Bauer, Sarah Bauer, and Laura Bauer-Walling and her husband Nick, all of whom shaped her into the beautiful and considerate woman sorely missed by extended family and a sprawling network of friends, colleagues, students, and patients. A gathering of family and friends will be held on November 25th from 6 p.m. to 8 p.m. at James A. Dial Funeral Home, 303 South Main Street, Somerville, South Carolina 29483.

Starting point is 00:34:58 A memorial mass will be held on November 26th at 11 a at St. John the Beloved Catholic Church, 28 Sumter Avenue, Somerville, South Carolina 29483. In lieu of flowers, donations can be made to a fund for the Bauer family caring for Christa's children and for legal and travel costs associated with her death. Check the link in the description. Again please donate to the GoFundMe that is linked in the show description to help Christa's family fight for justice. Every single bit counts.

Starting point is 00:35:47 Okay, so there is a lot to talk about on this case, but let's start with what happened in court today. Lee Gillie was scheduled for an arraignment on Wednesday, November 20th in Harris County Court. But that, like a lot of things in this case, did not go as planned. For the second time in this case, Lee Gilley and his very expensive team of defense attorneys, with Dick DeGaron at the helm, and check out this week's Cup of Justice where we talk about Texas Dick, well they managed to turn an arraignment into another bond modification hearing and we are still trying to figure out what happened.

Starting point is 00:36:27 On Tuesday, as we were trying to work out details for coverage, Beth Brayden called Dick DeGaron's office to see if he was planning on having a press conference. I have to say that I've done a deep dive on DeGaron, who we are now calling Texas Dick from now on. And I apologize for ever comparing him to Dick Harputlian. DeGaron makes Harputlian look like somebody's southern granddaddy stumbled into a courtroom. We are going to do a deeper dive into Texas Dick's history in a later episode. But anyways, back to this week. Much to Beth's surprise, Texas Dick picked up her phone call and was shockingly polite. He told Beth on the record that the hearing

Starting point is 00:37:12 would not be an arraignment because the defense had requested that the case not be submitted to a grand jury until the full autopsy report is complete. So instead, Lee Gillie asked for a clarification on his bond about leaving the state of Texas and the court ruled that the 38 year old accused murderer is in fact not allowed to leave the state of Texas. So that is something. Now Lee Gillie's arrament is set for Tuesday, January 28th at 9 a.m. Stay tuned for our coverage plan on that and we will be right back after a short break.

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Starting point is 00:38:24 Visit Milk.org to learn more. As a FIZ member, you can look forward to free data, big savings on plans, and having your unused data roll over to the following month, every month. At FIZ, you always get more for your money. Terms and conditions for our different programs and policies apply. Details at FIZ.ca. Lee Gilley was charged with capital murder on October 11th, three days after Christa's death. Court documents state that Lee, quote, intentionally and knowingly caused the death of Christa Gilley by applying pressure to Christa Gilley's neck and upper back, and intentionally and knowingly caused the death of an unborn child by applying pressure

Starting point is 00:39:10 to Christa Gilley's neck and upper back while Christa Gilley was pregnant. Now so far court documents have told us very little about Christa's death. What we do know so far is that Lee called 911 on the night of October 7th. We've requested that call via PIA and we have not received a response yet. According to court documents, Lee told police that he had just found his wife unresponsive and that she had overdosed on drugs and killed herself. Krista was pronounced dead at the hospital and doctors immediately appeared to suspect that she had died of strangulation, according to court documents.

Starting point is 00:39:46 Legally, allegedly changed his story at the hospital and said Christa wasn't suicidal, nor was she a drug user. And he told them allegedly that the couple had had a fight that night about the recent purchase of a vehicle that evening. He claimed again that he had found her unresponsive three hours after they had that fight. and it sounds like he tried to explain away Krista's

Starting point is 00:40:09 visible injuries telling them that he had tried to revive her using CPR. Both of Krista and Lee's two children who were one and three at the time were home when this happened. The medical examiner's office confirmed that Krista died by strangulation in homicide four days later and Lee was arrested and charged with capital murder. The day after he was arrested in his first court appearance when he was represented by a public defender, Lee was kind of brazen. He told the judge, I would like a bond today," according to ABC 13 Eyewitness News. Less than a week later on October 17, when Lee was scheduled for his arraignment and after he dumped that public defender and hired two criminal defense attorneys, it somehow turned into a

Starting point is 00:40:58 bond hearing. State prosecutors argued for a $3 million bond, but somehow the judge decided on a $1 million surety bond. And Lee was released under a few conditions. He can't see his children or go anywhere near their daycare. He had to surrender his passport, he cannot use drugs or alcohol, and he can't go anywhere within 200 feet of his home. According to family court records, Gilly appears to be renting a home at 605 Cottage Street in Houston. As we pointed out before, it's absurd that the court did not include that information on his bond paperwork considering the fact that he is an accused murderer. Now, who is paying for that bond? We are not sure. According to financial documents filed in this case, Lee claimed to be netting around $1,600 a month for his software consulting company,

Starting point is 00:41:51 Docmo. That likely wouldn't be enough to pay their mortgage with just his salary. Which makes us wonder if money might end up being part of a motive here. After doing a deep dive into Lee's LinkedIn page, it was clear that he was a big believer in an old-fashioned family model. He liked a post, for instance, that said, I no longer trust women in work environments, and another one that said, women, forget your stupid career. By all indications, it appears that Christa's career was thriving while Lee's business was perhaps struggling, especially with this recent rise of AI technology. Multiple sources describe Lee's family as wealthy and they have appeared to support Lee ever since

Starting point is 00:42:38 his arrest. Lee's mother Carol Gilley is a well-known business owner of the Yum Yum Snack Shop in Fountain Inn, South Carolina. We noticed some interesting posts from the Yum Yum Snack Shop in the week after Christa's death. On the day after Christa's murder, her mother-in-law's business posted an announcement that they would not be open for business the next day. Not due to a family emergency though, but because of the hurricane in the upstate. And that post was filled with puns and emojis. Quote, news to blow your socks off. Hashtag, our Millhouse Cafe will reopen tomorrow. Wednesday, October 9th. Exclamation point. Nothing will rain on our parade for long.

Starting point is 00:43:25 Okay, so it's possible that news of Christa's death hadn't gotten to them by the time they posted this at 11 a.m. It's also possible that some intern who isn't related to the family handles their social media. But it's notable that they didn't delete that post after their son Lee was arrested for Christa's murder. And it's also notable that the Yum Yum Shack made another strange post two days after Lee was charged

Starting point is 00:43:49 with murder and one day after he was initially denied bond. It said, quote, words for the weak, keep the faith, the truth shall prevail, with a photo of the word faith using a Christian cross for the tea. That post has since been deleted, and the Yum Yum Shack has turned off comments on a lot of their posts. Lee's family members have also shown support for him in family court, and by that

Starting point is 00:44:15 I mean his brother and sister-in-law fought Christa's family for custody over the children, which is telling, right? According to the Houston Chronicle, the lawyer for Christa's parents asked Lee's brother and his wife whether they thought Lee was a danger to the children, and they both said no, calling him one of the best fathers they know and citing the fact that he was around the kids in the days after Christa's murder and his arrest. That's odd, right? Their best argument was, notice how he didn't hurt them

Starting point is 00:44:49 after allegedly killing their mom. Really? Thankfully, the judge mostly agreed with Christa's parents and granted them temporary managerial conservatorship over both children that will likely last into least trial, while Christa's sister-in-law, Kristen Gilley, was given joint responsibility to consult with them on the children. She was also granted one weekend a month with the children.

Starting point is 00:45:16 This week, we obtained some of the records in the civil case for custody of Christa's children, and we have to share Christa's father's affidavit with you. It gives a heartbreaking account of the aftermath of Christa's death and how Lee Gilley showed himself after his wife died. This affidavit was filed before Gilley was released on bond and before the judge granted Christa's parents custody of the children. Here is David reading the document where Christopher Bauer described the day

Starting point is 00:45:49 that he found out that his 38-year-old pregnant daughter was dead. On the morning of October 8, 2024, I woke to an alarming text message and two missed calls from Lee indicating something had happened to Christa. Lee stated Krista was taken to the hospital after he tried to perform CPR on her but never told me what state Krista was in.

Starting point is 00:46:13 Panicked, I tried to reach Lee to no avail. I also tried to reach Lee's parents but got no response. Terrified, we called our daughter Samantha Samantha, to find anyone who could check on Krista and our grandchildren since we live in South Carolina and couldn't do it ourselves. Eventually, our worst fears were realized after Heights Hospital confirmed our daughter and unborn grandchild were dead. To be clear, Lee told Krista's parents via text message that something happened to Krista and that she was taken to the hospital, but he never said what state she was in. Krista was pronounced dead at 12.25 a.m.

Starting point is 00:46:57 So what time did Lee text her parents? Was he trying to pretend that she was alive and that there was still hope? Christo's dad couldn't reach Lee or his parents after he saw those two missed calls and one text message. Then the family was able to get a hold of someone from the Heights Hospital who told them that Christo was dead. Dumbfounded I continued to call Lee for an explanation or understanding of what transpired. Lee responded to those calls with an email informing me Krista was dead and expressing

Starting point is 00:47:34 concerns about being charged with her murder. Okay, wow. We have to pause here and reflect on that sentence. Can you imagine the pain of finding out that your daughter died like this? The idea of getting that text message and not knowing what was going on only to be told by the hospital in another state that your daughter was dead. Horrible. Also, Lee told them that their daughter was dead via email.

Starting point is 00:48:08 And in that same email, he apparently expressed concern to her parents about him being charged in her murder? What kind of person is he? Okay, back to Christopher's affidavit. Eventually, Lee finally returned my calls and he was animated, not sorrowful. Lee's main concern was the likelihood that he would face criminal prosecution. He mentioned fleeing from Texas with the children. In describing the evening leading up to Krista's death, Lee claimed he and Krista did bedtime routines with the children, and then Krista went to take a shower

Starting point is 00:48:53 and go to bed. Lee stated that when he came into their bedroom three hours later, Krista was sprawled over the bed, bleeding from her nose, black and blue and unresponsive. So, to his father-in-law, who just found out his daughter was dead, Lee Gilley mentioned fleeing Texas with his children because he was worried about being criminally charged

Starting point is 00:49:18 in Krista's death. The audacity. He also described the evening of October 7th, which sounded fairly normal, until he found her sprawled out over the bed, bleeding from her nose, black and blue and unresponsive. Here is David with more from Christa's father's affidavit. Lee tried to claim Christa died of natural causes, but the circumstances surrounding her death do not support that assertion. I later learned Lee told the police that Christa committed suicide and also told a friend she

Starting point is 00:49:57 overdosed. He also acknowledged they had been arguing that evening. So on the record, Christopher is saying that Lee's narrative for Christa's cause of death was not consistent. Of course, we have a hard time judging anyone for their actions after experiencing a trauma like this. But why didn't he just say that he wasn't sure how she died? Why tell her parents it was natural while telling the police that it was a suicide and telling a friend that she overdosed? Continuing on with Krista's father's affidavit, this part really makes my stomach churn.

Starting point is 00:50:40 The next day I accessed Harris County Institute of Forensic Sciences website, using Krista's case number and learned her death was deemed a homicide. Our daughter and unborn grandchild were killed by strangulation. Only Lee, Krista, and their three-year-old and twenty-month-old child live in that home and were there when this occurred. No one else. The mere thought of the amount of force required to take a life by strangulation is sickening. My wife and I never imagined Lee was capable of such heinous acts and do not feel our grandchildren

Starting point is 00:51:24 are safe around him. Oh my gosh, so Christa's father found out her death and the death of his unborn grandchild were homicides through a website. And of course, he was sickened and worried about his surviving grandchildren. Chris's affidavit went on to say that Lee was picked up by the Harris County Sheriff's Office on October 11th and charged with murder. He goes on to express very grave and legitimate concerns

Starting point is 00:52:01 for his grandchildren's safety. I believe our grandchildren's physical and emotional safety is at grave risk in the care of their father. I never thought I would say that, but circumstances surrounding Krista's murder lead me to no other conclusion. Lee was the only person in the home capable of exerting the force necessary to strangle Krista. Directly following Krista's death, Lee's only concern was self-preservation, not about the children or how the loss of their mother would impact them.

Starting point is 00:52:35 Instead, he was focused on fleeing Houston and told me so when we talked. He even said he was going to give the family dog who the children love and is an emotional support to them to a neighbor. His focus was not on his children or the loss of his wife, just how he would fare in all of this. First of all, Mandy and I really appreciate Chris's honest writing here. The way he essentially says, I believe my grandchildren are at great risk with their father, and I never thought I'd say that. But let's think about the facts here. Lee was the only one home capable of strangling Krista, and his actions since Krista's murder have been concerning. Not only was Lee considering fleeing Texas, which he has since denied, but he was going

Starting point is 00:53:28 to give the family dog away after his children had just lost their mother. In his affidavit, Chris Bauer argued that the children needed someone besides Lee to have the right to access their medical records and make medical decisions for them. At the end of the affidavit which was written on October 16th before Lee posted Bond, Chris Bauer argued that if and when Lee would be released and Bond, he was worried about the safety of his grandchildren. They were home when Christa was murdered. We have no idea if rage led Lee to strangle her, but the act in and of itself is enough for me to know the children are not safe alone with him.

Starting point is 00:54:16 Imagine the fear Christa's dad felt in that moment. What he's saying here is rage can come out of nowhere, and the worst of the worst can happen when it does. In the moment he was writing this, he knew anything was possible and he knew Lee was not predictable and not able to be trusted. And he needed the court to see that too so that they could help him protect his daughter's children. Here's David reading the end of Christopher Bauer's affidavit. I genuinely believe our grandchildren's present circumstances significantly impair their physical health and emotional well-being whether Lee remains in jail or posts bond. Lee was the last person to see Christa alive and now she's dead.

Starting point is 00:55:04 We don't want the same fate for Madeline and Ganon. With Lee as their only living parent, he presently has all rights in relation to the children's care and this is beyond alarming to Sharon and I given what happened to Krista and their unborn sibling. The children aren't safe with Lee, emotionally or physically. My wife and I are petrified of what Lee is capable of and what he could or would do to our grandchildren if he is allowed to be alone with the children.

Starting point is 00:55:44 Petrified. Can you imagine not only enduring the horrific loss of your daughter and unborn grandchild, but simultaneously having to fight, not only to ensure that you get justice for what happened, but you have to fight the system to protect your grandchildren. And they are up against someone who can somehow afford one of the best defense attorneys that

Starting point is 00:56:11 money can buy. It's an atrocity. It is inconceivable. But as hard as the road ahead looks for Christa's family, we know that sunlight will create a path of least resistance. And a note to our listeners, if you have information that you would like to share with us about this case or any other case that we are working on, please reach out to us through info at lunasharkmedia.com or message us through Facebook, Instagram, or Blue Sky. Or, if you feel more comfortable using a third party to reach out to us, please contact us at lunasharkmedia.com. or message us through Facebook, Instagram, or Blue Sky. Or if you feel more comfortable using a third party to reach out to us, please do so.

Starting point is 00:56:51 We do not reveal our sources without their permission, nor do we use information that they give us without consulting them first and securing their okay. In other words, we fully protect our sources and we work with them to protect the integrity of their loved ones' cases. Good sourcing makes us better able to secure justice for victims and their loved ones, and it helps us stop the good ol' boys from playing the same old games. What you hear in these episodes is a small percentage of the reporting that we are constantly doing behind the scenes.

Starting point is 00:57:28 Sometimes the smallest insights and seemingly minor details help us connect bigger dots behind the scenes. Stay tuned, stay pesky, and stay in the sunlight. Thank you. journalist Liz Farrell. Learn more about our mission and membership at Lunasharkmedia.com. Interruptions provided by Luna and Joe Pesky. Thank you for supporting our mission to expose the truth wherever it leads by listening to Lunashark Media's Murdoch Murders, Cup of Justice, and True Sunlight podcasts. I get messages all the time from people asking how they can help us with our mission. And now, there are great ways to do that.

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