County Asks Wisely to Pay Back $53,150 in Defense Expenses

Convicted killer Willie Ray Wisely, who remained at the Orange County Jail for six years while fighting for a new trial as his own attorney, was asked Friday to pay back or account for $53,150 of his defense money that is still unexplained.

But even if Wisely can account for the money, county officials say, he will likely be asked to pay back the entire defense bill of $152,451 because of the $200,000-plus he inherited last year from his mother.

Wisely’s wife, Gail Harrington Wisely, said she was not worried about the $53,150, even if Wisely can’t account for all of it.

“When Willie gets a new trial and is acquitted, that $53,150 will be pocket change when he wins his civil lawsuit (for malicious prosecution),” she said Friday.

Wisely, 34, was sentenced to life in prison without parole last month for the murder of his stepfather. He was back in Orange County Superior Court Friday for action on three contempt of court actions he had filed against jail deputies. That’s when he was served notice about the unaccounted money.

Fought Death Verdict

Wisely was convicted in 1982 of the March 9, 1981, murder of his stepfather, Robert Bray, in Huntington Beach. With help from Santa Ana attorney Keith Monroe, Wisely fought the death verdict returned by his jury. After several years of appeals, prosecutors finally stopped pursuing the death penalty against him nearly a year ago.

But Wisely, representing himself, continued to seek a new trial on his murder conviction. He was sentenced and finally sent to state prison last month after he lost his motion for a new trial.

Court administrators determined in recent weeks that Wisely’s own defense expenses since his 1981 arrest came to $152,450. All of that money except for the $53,150 went to attorneys ($56,542); clerks, ($20,395); investigators ($21,582); telephone bills ($682), and eyeglasses ($99).

Because the remainder had consisted of unspecified expenses of $13,100 and a $40,050 bank account set up for Wisely’s ongoing expenses, the county decided that he either explain the expenses or pay the money back. Gail Harrington Wisely said the bank account was now empty--overdrawn, in fact--and that most of the money had gone to hire expert witnesses.

Prosecutors say there may be other expenses for Wisely’s defense beyond the $152,450 because some of the attorneys who worked on his case at one point or another may have billed the court separately.

But Assistant Deputy Dist. Atty. Edgar A. Freeman said his office is looking into plans to at least pay back the $152,450.

The state law requires anyone whose legal expenses are paid by the court to pay back whatever possible if they turn out to have any assets.

Mother Left Estate

Wisely’s mother, Helen Bray, died in 1983, and her estate was finally probated last year. Wisely inherited her Huntington Beach house, six acres of land near Fresno and some funds. Prosecutors say the estate was worth more than $200,000.

But Wisely sold the house to his father-in-law, Joe Harrington, who in turn sold it for a profit. Gail Harrington Wisely said some of that money was going to lawyers for Wisely’s appeal of his conviction and sentence. The rest of the money, she said, is gone.

“If Wisely turned over the house in an attempt to defraud his creditors, we’re certainly going to look into it,” Freeman said.

Wisely, who has won numerous legal motions on his own--including a $5,000 federal verdict against the county over conditions at the Orange County Jail--won another minor victory Friday.

Superior Court Judge Donald A. McCartin set aside two of Wisely’s contempt demands. But McCartin did find Deputy Sheriff Jerry Crites, a lieutenant at the jail, in misdemeanor contempt for interfering with Wisely’s visiting privileges.

Harrington-Wisely, a legal clerk for several jail inmates, was arrested in the attorney/bonds area at the jail last August on suspicion of slipping drugs to an inmate. After she posted $25,000 bail, she tried to see Wisely. Crites allegedly refused her the visit, despite the fact she had a court order permitting it.

Informal Probation

McCartin gave Crites a sentence of 30 days’ informal probation. The ruling means that Crites won’t have to spend any time in jail or pay a fine, but should Wisely return to the Orange County Jail, future court orders on visitation should be honored.

It’s not likely, however, that Wisely will be back.

In most instances when a state prison inmate comes back for a court appearance, he is held at the jail at least a day ahead of time. But Wisely was transferred from Folsom to the Chino state prison on Wednesday, then driven to the Orange County Courthouse in Santa Ana Friday morning. He was sent back to Chino Friday afternoon for return to Folsom.

Harrington-Wisely was upset about it.

“Willie hasn’t been allowed to have a bath for two days, or shave; he looked terrible,” she said. “But he was very optimistic. And so am I.”