DOWNTOWN FORT MYERS, Fla. — Wade Wilson will no longer be sentenced on July 23. A judge ruled on Friday the decision of life or death will be on August 27.
In a last minute court date for Wilson, his attorneys argued that the doctors who will testify need more time.
Kevin Shirley, one of two of Wilson's defense team, says one doctor wants to do brain scans on Wilson. However, it would require deputies to escort Wilson to a facility.
"I don't know if he would be prepared to render an opinion as to whether or not my client had any organic brain damage without those [scans]," Shirley said.
The examination would also cost up to $10,000.
As for the other doctor, Shirley says he also needs more time to run his own tests on Wilson - which is different from what was already done by other doctors who testified during trial.
Also, both doctors have schedule conflicts.
The State Attorney's Office said the scans are not necessary because there's no evidence Wilson had any brain injuries before the murders of Kristine Melton and Diane Ruiz.
Prosecutors call the move a "fishing expedition."
"I don't think that there was evidence sufficient that we're concerned that he has to have these done in order to be properly sentenced or properly – or to have his rights protected," said Assistant State Attorney Sara Miller.
The judge granted the defense more time for either one or both doctors to evaluate Wilson and testify during what is called a Spencer hearing before the sentencing.
Also during court, Wilson asked to be dressed in street clothes for the sentencing. State attorneys said there's no reason to dress in anything else besides a jumpsuit. They said the jury isn't there and they're not sure if the motion is because of the cameras in the courtroom.
The judge denied the motion for street clothes.
Also brought up was the motion for a new trial or an acquittal of Melton's murder - along with two other charges. The defense is also questioning whether or not the jury can recommend the death penalty based on the new law and how it was passed after the crimes happened.
Judge Nick Thompson reserved his ruling, which means his decision will be delayed.
Wilson is expected to be sentenced on August 27 with a hearing at 9 a.m. and sentencing at 2 p.m.
