HARRIS COUNTY, Texas (KTRK) -- In a court filing, Harris County District Attorney Sean Teare wrote that prosecutors will not seek the death penalty against murder suspect Lee Gilley for the death of his wife, Christa Bauer.

On Friday, Teare wrote that Gilley has misled the Italian court to believe he could be executed, even though prosecutors announced months ago they would not seek the death penalty.

Italy does not extradite suspects who face capital punishment.