Judge Rejects Retrial for Wisely, Sets Sentencing

Convicted murderer Willie Ray Wisely’s lengthy bid for a retrial was rejected Friday by a judge who instead scheduled Wisely’s sentencing date in 10 days.

Superior Court Judge Manuel A. Ramirez, who earlier in the week spent four days listening to Wisely argue in his own defense, told him: “I know that this may come as a surprise to you. But I’m going to deny your motions and set a sentencing date.”

Wisely, who had accused Ramirez of making up his mind before the defendant offered motions for a new trial, did not respond to the judge’s humor. Instead, the defendant, who is acting as his own lawyer, asked Ramirez for more time to subpoena witnesses for his sentencing hearing.

Despite the prosecutor’s desire to sentence Wisely on Friday, Ramirez scheduled a Dec. 28 hearing date.

Wisely faces a sentence of life imprisonment without possibility of parole.

Wisely, who has been in the Orange County Jail for the last six years, was convicted of the March 9, 1981, murder of his stepfather, Robert Bray, 61, an alcoholic with whom he never got along.

“I’m really disappointed but not surprised,” Wisely said after Friday’s hearing.

“I’m going to go to state prison, and I know that, but I’m not going to give up the fight. I’ll fight this conviction from prison. If I die, someone representing my estate will fight it, until my name is cleared.”

During Friday’s hearing, Wisely’s wife and law clerk, Gail Harrington, sat at his side, as she has done in court since the two were married earlier this year.

The defendant had presented more than 20 points on which he should be granted a new trial, including arguments of prosecutorial misconduct and judicial error and the assertion that new evidence has been discovered since his 1982 trial.

But Ramirez rejected all of Wisely’s motions, setting the stage for the defendant’s formal sentencing, which Wisely has delayed for almost 15 months through many motions.

“I’m very happy and pleased at the judge’s action,” said prosecutor Burl Estes, a deputy district attorney.

Earlier this week, a federal court judge in Los Angeles awarded $43,500 to six American Civil Liberties Union lawyers who have provided 300 hours of legal work for Wisely.

U.S. District Judge William P. Gray has awarded Wisely $5,025 in damages for a list of complaints against the county that included lack of adequate sleep during his trial, inadequate time for eating and exercise and denial of Wisely’s right to receive Playboy magazine.