2024-08-27 19:35:03
Wade Wilson, a Fort Myers, Florida man convicted of killing two Cape Coral women in 2019, is facing the death penalty at his sentencing scheduled for today.
A jury found Wilson, 30, guilty on June 12 of the murders of Kristine Melton, 35, and Diane Ruiz, 43, and after weighing aggravating and mitigating circumstances, they recommended the death penalty.
A jury recommended on June 25 in 9-3 and 10-2 votes for each of the victims that Wilson receive the death penalty.
It will be up to Lee Circuit Judge Nicholas Thompson to impose capital punishment or life in prison without parole. Sentencing begins at 2 p.m.
Rubino says he drew two conclusions. Cognitive and emotional disfunction, causing worse behavior and less thinking.He also said he found evidence of a brain injury, explaining that atrophy, because of the brain injury, takes time to develop.
The cross examination begins as Assistant State Attorney Andreas Gardiner begins asking questions.
Rubino presented a PowerPoint with his findings Rubino begins presenting images of Wilson’s brain.He said one of the brain’s ventricles is bigger than the others.
According to the website VeryWell Health, ventricles of the brain are: cavities within the brain that produce and store cerebrospinal fluid. This liquid surrounds your brain and spinal cord, cushioning them and protecting them from trauma. It is also responsible for removing waste and delivering nutrients to your brain.
Rubino said Wilson’s ventricles are small for his age, and he has some frontal lobe atrophy.
Rubino noted Wilson was impulsive.
Rubino said Wilson’s adoptive sister, Wendy Wilson, said he began showing mental health signs after he was 11.
Rubino talked about Wilson’s head injuries: He suffered head injuries stemming from two crashes where the drivers hit trees.
Rubino said Wilson suffered one concussion playing football and another playing baseball. Rubino said he ordered testing for Wilson after he found signs of brain damage.
Rubino, who charges $400 per hour, told the court the tests he performs are broken into visual, special and executive.
When asked to draw a clock, he drew two “X’s”.
Two officers were present.“He got paranoid they were watching him,” Rubino said.
He found Wilson had unusual eye movements, which he related to brain damage.
Rubino said he found signs that could relate to Parkinson’s disease, but also show he had been treated for mental health.
Tuesday’s morning’s motions got underway soon after 9 a.m. with defense attorney Kevin Shirley saying he anticipated one witness.
The witness, Dr. Mark Rubino caught in a long line.“It looks like half of Lee County is here today,” Shirley said.
Rubino testified that he met with Wilson, who was shackled and behind glass for the neurological exam.
One of Wilson’s attorneys, Lee Hollander, filed a final motion July 3 saying the court erred about a Florida state statute that allowed a jury recommend death if at least eight jurors voted in favor. Before the new statute took effect April 1, 2023, a jury’s death recommendation required jurors’ unanimous vote.
Prior to Wilson’s 2 p.m. Tuesday sentencing, Thompson has allotted time during a 9 a.m. hearing the same day to rule on pending motions.
Thompson on July 19 ruled that the sentencing for Wade Wilson, 30, be reset to Aug. 27.
That hearing lasted exactly 90 minutes. During that time, Thompson heard arguments from defense attorneys Hollander and Kevin Shirley, as well as Assistant State Attorneys Sara Miller and Andreas Gardiner.
The sentencing could take a while.
During Wilson’s 2 p.m. sentencing, Thompson is expected to hear victim impact statements. Then the judge will likely have a short break before returning Wilson’s sentence.
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