Wade Wilson's attorneys have requested a new trial or judgment of acquittal in the murders of two Cape Coral women in October 2019.
The motion was filed on July 3, following Wilson's conviction of the gruesome murders of Kristine Melton and Diane Ruiz .
According to court documents, nine of the 12 jurors recommended the death penalty for the murder of Melton, and 10 of them recommended death for the murder of Ruiz.
On April 20, 2023, Gov. Ron DeSantis signed a bill into law, allowing a death recommendation if at least eight jurors vote for death, a change from the previous requirement for a unanimous recommendation by the jury.
Wilson's attorneys said that the new statute violated Wilson's constitutional rights against "ex post facto laws," which punish actions retroactively and criminalize behavior that was legal when originally performed.
The defense also argued that the court wrongly denied the pre-trial motion to drop Wilson's murder and burglary charges, which they claim negatively impacted his case.
The motion also contends that a grand theft charge should be severed due to the state failing to prove that Wilson had Melton’s car without her consent before her death.
Wilson's sentencing is scheduled for July 23 at 1 p.m.
