Attorneys for the maternal grandparents, Chris and Sharon Bauer, sought on Tuesday to show jurors a video deposition of Matt Gilley, the paternal uncle, in the custody trial involving Lee Gilley and Christa Bauer's children. The trial is in its fifth day. Attorney Angela Stout said in the video that Matt Gilley invoked his Fifth Amendment rights and declined to share some details of his conversations with Lee Gilley about fleeing the jurisdiction.
Stout said Matt Gilley also would not share details of what Lee Gilley told him about a San Diego woman. According to criminal case records, prosecutors said she discussed plans to flee with Lee Gilley and possibly marry him to obtain a new identity. Stout also said Lee Gilley researched places without the death penalty before cutting off his ankle monitor.
Attorneys for Matt and Cristin Gilley, who are also seeking custody, argued the deposition was an attempt at "guilt by association" and said it would overwhelm the jury on that issue. Judge Angela Lancelin called the arguments "not acceptable" and said it was not up to her to decide how jurors would weigh the information. She appeared to agree to let a small portion of the video be played, but it was not shown on Tuesday. The Bauer attorneys also presented call records between Matt and Lee Gilley alongside calendars of scheduled visits with the children.