Did Matthew Leili Win His Appeal? Conviction, Evidence, Ruling

Matthew Leili did not win his appeal. On October 21, 2019, the Supreme Court of Georgia unanimously affirmed his conviction for the 2011 murder of his wife, Dominique “Nique” Leili, with every justice concurring in the decision. He remains sentenced to life in prison without the possibility of parole.1Findlaw. Leili v. State, S19A0541

How the Appeal Reached the Georgia Supreme Court

Leili moved for a new trial on February 12, 2016, one week after his sentencing in Gwinnett County Superior Court. He amended the motion in May 2017 and again in April 2018. The trial court denied it on August 31, 2018, and Leili filed his notice of appeal on September 21, 2018. The case was docketed to the April 2019 term of the Georgia Supreme Court as S19A0541.1Findlaw. Leili v. State, S19A0541

His arguments centered on search warrants and the admission of evidence at trial. The court was not persuaded on any of them. The October 21, 2019 opinion affirmed the conviction outright, and a substitute opinion followed on November 14, 2019.2Georgia Supreme Court. 2019 Opinions1Findlaw. Leili v. State, S19A0541

What the Conviction Covered

The February 5, 2016 jury verdict found Leili guilty of malice murder, one count of felony murder, one count of aggravated assault, and three counts of unlawful eavesdropping and surveillance. Judge Randy Rich sentenced him the next day to life without parole on the malice murder count, plus three consecutive five-year terms for the surveillance counts. The felony murder and aggravated assault counts were either merged or vacated by operation of law.1Findlaw. Leili v. State, S19A05413WTXL. Man Sentenced to Life in the Murder of His Wife

The Evidence the Appeal Could Not Dislodge

The prosecution’s case was largely circumstantial, and the appeal ran into a record built from many pieces rather than one. Nique Leili, 44, was last seen on the family’s home surveillance cameras on July 8, 2011. Her husband did not report her missing until July 11, filed for divorce on July 13, and her body was found in the woods less than a mile from the home on July 16, covered in leaves and branches.4ABC News. Georgia Man Convicted of Wifes Murder Though Cause of Death Remains a Mystery

An autopsy found high levels of GHB in her system. The medical examiner could not determine a definitive cause of death because of decomposition and the absence of visible external injuries, but ruled the manner of death “highly suspicious of homicidal violence.”1Findlaw. Leili v. State, S19A0541

The strongest technical evidence came from Leili’s own surveillance system. He had installed 21 cameras in the home and kept more than 500,000 audio recordings. A second forensic review, ordered years after the murder by Gwinnett County Sergeant John Richer and carried out by forensics detective Chris Ford, established that the cameras had been manually disabled by password at 7:18 a.m. on July 9, 2011, and re-enabled on July 11. Video from between midnight and 6:57 a.m. on July 9 had been deliberately deleted by a program run on July 11 and again on July 16, the day the body was found. The footage was irretrievable.1Findlaw. Leili v. State, S19A0541

Trial evidence also included audio files in which Nique could be heard telling Leili to “get off of” her and accusing him of putting his hands around her throat, hair belonging to the victim or her children found in the hatchback locking mechanism and rear cargo area of Leili’s SUV, and testimony from friends that Nique had said she was leaving the marriage and feared Leili had threatened to kill her if she tried to take the children. Leili’s first wife, Joanne Lucey, testified that he had pinned her down and electronically tracked her during their marriage, conduct that led her to seek a protective order.1Findlaw. Leili v. State, S19A05414ABC News. Georgia Man Convicted of Wifes Murder Though Cause of Death Remains a Mystery

Where the Case Stands Now

With the Georgia Supreme Court’s unanimous affirmance, Leili’s direct appeal is exhausted. He is serving his life-without-parole sentence in the Georgia prison system.