Testimony began Wednesday in the child custody trial involving the young children of Lee Gilley and Christa Bauer with hard-to-ignore signs of the pending criminal and extradition cases involving the 40-year-old accused of strangling his pregnant wife and fleeing the country while on bond.
Jurors heard opening statements and started to hear from the first witness as attorneys strayed away from the murder case allegations, except for saying that Bauer died “as a result of alleged domestic violence.”
Right after the lunch break, Judge Angela Lancelin asked the attorneys in the courtroom about allowing prosecutors from the Harris County District Attorney’s Office to join the Zoom call to observe the trial remotely.
Gilley’s civil attorney and his brother’s attorney objected. Lancelin said she didn’t want to compromise the rights of a party to testify freely, but also didn’t want to get caught in the “crosshairs” with another agency or party.
Prosecutors were not able to join virtually, but that didn’t stop one of the prosecutors on Gilley’s capital murder case from coming to the courtroom to observe.
Angela Stout, attorney for the Bauers, framed the case as one about stability, safety and continuity following the death of Christa Bauer.
Stout’s opening emphasized that the children have spent the last two years rebuilding their lives while living with their maternal grandparents in South Carolina. She repeatedly highlighted the support system surrounding the children, describing a network of grandparents, extended family and community members who have helped them heal and adjust after losing their mother.
The Bauers argued they stepped in immediately after Christa’s death, moved to Houston for months to care for the children and have consistently put the children’s needs ahead of their own grief. They also stressed that they have maintained the children’s connection to the Gilley family, pointing to visits and invitations to family events.
However, a major focus of the Bauers’ case was concern over the relationship between Lee Gilley and his brother and sister-in-law, Matt and Cristin Gilley. Their argument didn’t necessarily center around Matt and Cristin being unfit caregivers, but how they’ve acted with the kids since Bauer’s death and concerns about future boundaries, communication and potential access to the children by Lee.
The Gilleys’ opening was largely an effort to separate themselves from Lee Gilley and the criminal allegations hanging over him.
Attorney Dennis Slate told jurors the case should not be viewed solely through the lens of what Lee is accused of doing. He acknowledged the tragedy surrounding Christa’s death and emphasized that Matt and Cristin loved her as well, arguing they have also suffered a loss.
A central theme was that the children should not lose an entire branch of their family because of the actions of one relative.
The Gilleys presented themselves as active participants in the children’s lives, highlighting the children’s relationship with their cousins, regular visits to their home in North Carolina, and efforts to honor Christa through family photographs. They also pushed back against suggestions that they have facilitated contact between the children and Lee.
At the same time, the Gilleys accused the Bauers of excluding them from important decisions involving the children’s therapy, education and medical care. They suggested the grandparents’ anger toward Lee has affected their willingness to share information and collaborate with the Gilley side of the family.
Both sides claimed to be the ones most willing to preserve family relationships.
The Bauers argued they have kept the Gilleys involved and would continue doing so.
The Gilleys argued they are the family at risk of being pushed out and that granting the Bauers primary control could eventually weaken or eliminate the children’s connection to their father’s side of the family.
The amicus attorney Amy Carlin, appointed to represent the children’s best interest, told jurors to look at what both parties did and didn’t do over the last two years as the case moves forward.
The trial’s first witness was Chris Bauer, Christa Bauer’s father and the children’s maternal grandfather, who testified about the children’s lives since their mother’s death and the concerns that have shaped the family’s custody fight.
Bauer, 67, told jurors he and his wife, Sharon, traveled to Houston days after Christa’s death and eventually lived in the family’s Allston Street home for several months while caring for the children. He said their immediate focus was creating stability and routine after what he described as a traumatic and confusing time.
Bauer testified that he became increasingly distrustful of the Gilley family in the days after Christa’s death. He said it felt as though the Gilleys had “formed a bubble” around themselves and were separating themselves.
One of the most dramatic moments of his testimony came when Bauer described arriving at the Houston home and finding luggage packed and the children’s passports laid out on a dresser. Bauer said Lee Gilley had previously told him he planned to travel to South Carolina with the children, and Bauer testified he had been told Lee intended to take the children and not return.
Bauer said those concerns intensified when members of the Gilley family also came to the house after Lee Gilley’s arrest to collect belongings, including what he understood to be the children’s passports. He testified that the experience contributed to fears that the children could be taken away.
The grandfather also recounted phone conversations with Lee Gilley during the week Christa died. Bauer said Lee eventually described what had happened in detail, as well as described plans to take the kids away and give away the family dog, but told him not to share information with anyone, including law enforcement. Bauer testified that he responded that he would not lie for him.
Throughout his testimony, Bauer sought to distinguish his concerns about Lee Gilley from his feelings toward the broader Gilley family. He told jurors he does not harbor animosity toward them and wants the children to maintain relationships with cousins on both sides of the family.
At the same time, Bauer acknowledged a continuing concern that the children could be exposed to Lee Gilley through relatives. He testified that he worries the children could be connected with their father “in some way or form” and said he previously asked family members not to pass along gifts from Lee to the children.
Bauer also spoke about the emotional toll Christa’s death has had on the children. He said they experienced significant sadness in the months afterward and testified that the family now visits Christa’s gravesite each Sunday, where the children often leave small items such as golf balls or weeds in her memory.
Testimony continues Thursday, with the children’s doctor expected to testify. The trial could last through the end of next week.
The judge has allowed a TV camera and still camera to shoot video through the back window of the courtroom, although no audio is permitted.
