Still Missing CA - Maya Millete, 39, missed daughter's birthday, Chula Vista, 7 Jan 2021 *husband arrested* #5

[Seattle1]

During this morning’s hearing, defense attorney Liann Sabatini asked the judge to modify the order, saying it was a violation of his 1st amendment rights, equal protection rights and 8th amendment rights.

^^rsbm

LM has not been denied communicating with his family and/or children, he simply must do it in writing. This Order wasn't made in a vacuum but only after LM violated his privileges and the engaged in inappropriate communication with his children.

In other words, the Court found that LM could not be trusted. He did this to himself.

ETA: From 10/27/21

CHULA VISTA, Calif. — A judge has restricted Larry Millete’s jail phone privileges after saying he amassed hours of time in calls with his kids despite being ordered not to do so.

[..]

A prosecutor said he had made over 129 calls since being taken into custody last week. At least nine hours of those calls were to his children, and that flew in the face of a court order not to contact them, according to Judge Maryann D’Addedzio.

“Let me explain what a court order is. It’s not a suggestion. It’s not a request. It’s an order,” the judge said Wednesday.
[..]

The prosecutor at Wednesday’s hearing detailed the contents of some of those phone calls, implying Larry’s conversations with the kids — which at times came during school hours or as late as 1 a.m. — were inappropriate. In some calls, the prosecutor said Larry made disparaging comments about Maya’s family or asked them to read him news headlines.

Larry Millete loses jail phone privileges after 9 hours of calls to kids

A judge has restricted Larry Millete’s jail phone privileges after saying he amassed hours of time in calls with his kids despite being ordered not to do so.

fox5sandiego.com

10/13/22

Judge Dwayne Moring ruled Wednesday that Larry Millete can resume communication from jail with his three children, ages 5, 11, and 12. Millete will only be allowed to write letters to his kids, as recommended by a court-appointed guardian for the minors, who must approve the letters in advance.

“The children all wish to have contact with their father,” wrote the guardian, Kelley James, in an emailed report to the parties.

“It is my opinion that it would be appropriate for the children to have contact with their father through letter writing only,” James wrote.

Court filings reveal new details in Larry Millete murder case

Two lawsuits filed by relatives of Millete transferred to federal court.

www.cbs8.com

 

[Curious Me]

Found a video of today's proceedings from another news station, in which Larry did not get his phone privileges restored.

Larry Millete wants jail telephone privileges restored (but didn't get it)

 

[Curious Me]

Larry got shot down getting what he wanted today. ...​

Maya Millete's husband argues constitutional rights violated as he awaits murder trial

A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members.

www.nbcsandiego.com

"A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members."

During this morning’s hearing, defense attorney Liann Sabatini asked the judge to modify the order, saying it was a violation of his 1st amendment rights, equal protection rights and 8th amendment rights.

“It’s not right. It’s completely unconstitutional,” Sabatini said. “What jurisdiction does the court have to order him to speak to people he otherwise wouldn’t be speaking to?”​

Judge Enrique Camarena sided with Bowles, ruling that no changes be made to the protective order. Camarena also cited an example of Larry’s alleged violation of the order. In that instance, prosecutors say Larry used another inmate’s PIN to make hours of phone calls to his children. The judge says Larry’s calls were also inappropriate, saying that he made references to a disturbing film about prison life, which he instructed his children to watch.

BBM / UBM​

In addition--

Maya Millete's husband argues constitutional rights violated as he awaits murder trial

A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members.

www.nbcsandiego.com

The main purpose of the hearing was to check in on Sabatini to see if she was still on track for a trial that’s currently scheduled for August. Sabatini replaced Larry’s other defense attorney, Bonita Martinez, last October. At that time, the trial was pushed back nearly a year to allow the new team to absorb details about the complex case.

Sabatini told the judge that she’d received a hard drive from the district attorney’s office just before Christmas, but said she was awaiting even more evidence. Bowles told the judge that she was having difficulty getting the rest of the evidence from Martinez, but vowed to produce new copies for Sabatini.

Before the hearing was adjourned, the judge set a near status hearing date for Feb. 29.

BBM / UBM​

 

[Marysmith]

In addition--

Maya Millete's husband argues constitutional rights violated as he awaits murder trial

A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members.

www.nbcsandiego.com

The main purpose of the hearing was to check in on Sabatini to see if she was still on track for a trial that’s currently scheduled for August. Sabatini replaced Larry’s other defense attorney, Bonita Martinez, last October. At that time, the trial was pushed back nearly a year to allow the new team to absorb details about the complex case.

Sabatini told the judge that she’d received a hard drive from the district attorney’s office just before Christmas, but said she was awaiting even more evidence. Bowles told the judge that she was having difficulty getting the rest of the evidence from Martinez, but vowed to produce new copies for Sabatini.

Before the hearing was adjourned, the judge set a near status hearing date for Feb. 29.

BBM / UBM​

From Martinez? Interesting.

 

[Seattle1]

Maya Millete's husband argues constitutional rights violated as he awaits murder trial

A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members.

www.nbcsandiego.com

8 Jan 2024

Neither the prosecution nor the defense commented publicly after the hearing, but on her way out, Sabatini told several reporters in the hallway outside the courtroom that in her experience as an attorney, she says she has never seen a court order like the one prohibiting her client from making non-attorney video calls and emails.

The main purpose of the hearing was to check in on Sabatini to see if she was still on track for a trial that’s currently scheduled for August. Sabatini replaced Larry’s other defense attorney, Bonita Martinez, last October. At that time, the trial was pushed back nearly a year to allow the new team to absorb details about the complex case.

Sabatini told the judge that she’d received a hard drive from the district attorney’s office just before Christmas, but said she was awaiting even more evidence. Bowles told the judge that she was having difficulty getting the rest of the evidence from Martinez, but vowed to produce new copies for Sabatini.

Before the hearing was adjourned, the judge set a near status hearing date for Feb. 29.

@Niner

 

[Megnut]

In addition--

Maya Millete's husband argues constitutional rights violated as he awaits murder trial

A San Diego County judge denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members.

www.nbcsandiego.com

The main purpose of the hearing was to check in on Sabatini to see if she was still on track for a trial that’s currently scheduled for August. Sabatini replaced Larry’s other defense attorney, Bonita Martinez, last October. At that time, the trial was pushed back nearly a year to allow the new team to absorb details about the complex case.

Sabatini told the judge that she’d received a hard drive from the district attorney’s office just before Christmas, but said she was awaiting even more evidence. Bowles told the judge that she was having difficulty getting the rest of the evidence from Martinez, but vowed to produce new copies for Sabatini.

Before the hearing was adjourned, the judge set a near status hearing date for Feb. 29.

BBM / UBM​

From Martinez? Interesting.

My reaction too! Is his prior attorney purposefully causing a delay?????

 

[Seattle1]

From Martinez? Interesting.

I thought the same??

Why would Martinez have outstanding discovery in her possession unless it was something she alleged in court and never remitted to the State. If she's withholding because of nonpayment issues with her client, Attorneys can get in big trouble for this! MOO

 

[Curious Me]

LM has not been denied communicating with his family and/or children, he simply must do it in writing....

Well, Larry was denied his requests today, and from what the Judge says it sounds like Larry may have a hard time undoing what he tried to get away with before. I'm delighted that the Judge reminded him and his counsel of how he lost his privileges by wrong doing in the first place.

Judge Enrique Camarena sided with Bowles, ruling that no changes be made to the protective order. Camarena also cited an example of Larry’s alleged violation of the order. In that instance, prosecutors say Larry used another inmate’s PIN to make hours of phone calls to his children. The judge says Larry’s calls were also inappropriate, saying that he made references to a disturbing film about prison life, which he instructed his children to watch.​

 

[Seattle1]

And good on Judge Camarena who shut down the defense's argument -- stating he does not have to justify another Judge's Order.

Clearly, the Court wants the communication to be routed via the GAL for pre-approval and written letters appear to be the most efficient means to do so. Also, anybody that does not want to communicate in writing with LM (excluding his children) can visit him in person.

 

[BeachSky]

Found a video of today's proceedings from another news station, in which Larry did not get his phone privileges restored.

Larry Millete wants jail telephone privileges restored (but didn't get it)

Good!
So how does he get to HIDE behind that
mask (?)it looks like a full diaper!

I’m over all these perps hiding their faces in court! Between the mask & the headset Larry is escaping. Maricris’ husband said he has tried to meet eyes with Larry but Larry stares straight ahead .
I’m ready for this dude to be put away.
JMO

 

[Seattle1]

Good!
So how does he get to HIDE behind that
mask (?)it looks like a full diaper!

I’m over all these perps hiding their faces in court! Between the mask & the headset Larry is escaping. Maricris’ husband said he has tried to meet eyes with Larry but Larry stares straight ahead .
I’m ready for this dude to be put away.
JMO

Thanks for New8 video! I can't even imagine the trauma LM caused his own children wherein just his first two weeks of incarceration, his kids had to endure 9 hours of his calls -- as late as 1 AM. LM's Constitutional Rights have not been violated (but his children's rights sure were)! JMO

ETA: From 10/27/21

CHULA VISTA, Calif. — A judge has restricted Larry Millete’s jail phone privileges after saying he amassed hours of time in calls with his kids despite being ordered not to do so.

 

[Seattle1]

I can't get past doing double takes on Judge Enrique Camarena Jr -- surreal to see his likeness to his dad...

 

[alexwood]

Reinstate the death penalty for spousal murders. We are seeing way too many of these cases.

 

[Niner]

email alert from

District Attorney Case Notification <DistrictAttorneyCaseNotification@sdcda.org>

10:46 AM (23 minutes ago)

to me
THE FOLLOWING EVENT(S) HAVE BEEN ADDED FOR CASE CS319857:

Felony Readiness Conference scheduled for Feb 29 2024 8:30AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 16.


Looks like it was changed from a Status hearing to Felony Readiness conference.

 

[Niner]

Thursday, February 29th:
*Trial Readiness Conference Hearing (@ 8:30am PT) - CA - *May “Maya” Millete (39) (last seen @ home on Jan. 7, 2021, near San Miguel Ranch area, Chula Vista & reported missing Jan. 9, 2021 by her sister; not found). *Larry Ibarreta Millete (40/now 42) charged (10/18/21), arrested (10/19/21) & arraigned (10/21/21) & re-arraigned (1/25/23) with felony murder & felony possession of an assault weapon (a search warrant was served at the residence on 1/23/21. Detectives located a .223/5.56 rifle. The firearm is non-California complaint configuration & is an unlawful assault rifle in violation of 30605 PC, which is a felony). Plead not guilty. Held without bond. Denied bail (11/4/21). Found mentally competent to stand trial (9/26/22).
The case has been reassigned to the South Bay courthouse from Judge Dwayne Moring, the jurisdiction where the crime is alleged to have occurred & Judge Enrique Camarena will preside over the trial in Chula Vista.
Defense attorneys Liann Sabatini & Colby Ryan.
Murder trial set to begin on 8/26/24.
Case & court info from 1/7/21 thru 10/10/23 reference post #819 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-41
10/18/23 Update: Felony motion hearing scheduled on 1/8/24 has been vacated. Next further proceedings hearing will be on 1/8/24 @ 9am & felony motion hearing on 8/5/24 @ 9am.
1/8/24 Update: San Diego County Judge Enrique Camarena denied efforts from Larry Millete’s new defense counsel that would have allowed him to make calls to family members. In October, 2021, Judge Dwayne Moring issued a criminal protection order which only allowed Millete to communicate with his children thru letters that were first reviewed by a guardian ad litem, which is a court-appointed rep for the children. During the hearing defense attorney Liann Sabatini asked the Judge to modify the order, saying it was a violation of his 1st amendment rights, equal protection rights & 8th amendment rights. Judge Enrique Camarena sided with Dep. DA Christy Bowles, ruling that no changes be made to the protective order. Camarena also cited an example of Larry’s alleged violation of the order. In that instance, prosecutors say Larry used another inmate’s PIN to make hours of phone calls to his children. The judge says Larry’s calls were also inappropriate, saying that he made references to a disturbing film about prison life, which he instructed his children to watch. The main purpose of the hearing was to check in on Sabatini to see if she was still on track for a trial that’s currently scheduled for August. Sabatini replaced Larry’s other defense attorney, Bonita Martinez, last October. At that time, the trial was pushed back nearly a year to allow the new team to absorb details about the complex case. Sabatini told the judge that she’d received a hard drive from the DA’s office just before Christmas, but said she was awaiting even more evidence. Bowles told the judge that she was having difficulty getting the rest of the evidence from Martinez, but vowed to produce new copies for Sabatini. Before the hearing was adjourned, the judge set a near status hearing date for 2/29/24. Hearing was changed to Trial Readiness conference.
*Guardianship Case: Family Court Case The judge said a final decision on custody of the children likely will not be made until after Larry's murder trial is concluded. 8/22/23: Judge sets 1/5/24 as trial date. 12/8/23: Trial vacated & reset for review. Review hearing on 3/12/24.
Conservatorship Case: Review hearing on 3/11/24.

 

[BeachSky]

Murder trial set to begin on 8/26/24
This guy continues to be a sick controlling monster IMO

 

[Niner]

Got an Alert in my email... his next hearing date

District Attorney Case Notification <DistrictAttorneyCaseNotification@sdcda.org>

10:46 AM (6 hours ago)

to me
THE FOLLOWING EVENT(S) HAVE BEEN ADDED FOR CASE CS319857:

Felony Readiness Conference scheduled for Apr 2 2024 1:30PM at the San Diego Superior Court, South County Division, South County Regional Center in Department 12.

 

[Niner]

got this article in my alerts

Larry Millete's trial date was supposed to be set Thursday, but instead his hearing was continued

Larry Millete was back inside of a Chula Vista courtroom. His trial date was supposed to be set, but instead his hearing was continued.

www.10news.com

Feb. 29, 2024
CHULA VISTA, Calif. (KGTV) — Larry Millete, accused in the disappearance and death of his wife Maya, was back inside of a Chula Vista courtroom on Thursday to learn when his trial was supposed to begin, but Thursday's hearing was continued.

"When’s the defense is going to be ready? And the answer was essentially we don't know yet. I think that only goes so far,” said Judge Enrique Camarena.

Camarena couldn’t set a trial date for Millete’s murder trial because his attorney had a scheduling issue with a different trial.
[.....]
For much of the hearing, Millete sat emotionless next to his attorney as the prosecutor raised concerns about Larry participating in 11 video phone calls while in custody, which she said violates a protective order that includes phone calls only with his legal team and no contact with his kids.

County Deputy District Attorney Christy Bowles said, “Those video visits are in the 8 p.m. hour, in the defendant’s former residence where the children live. They are essentially Facetime visits. The children can be hearing and listening to their father’s voice. There’s no way to monitor those calls.”

Millete’s lawyer, Colby Ryan, said this was a result of the sheriff department’s brand new communication system in the jail.
[.....]
The Judge responded with this reminder to Larry: "Even if they put it in front of you ... say no. That's what the court ordered."

Larry Millete will be back in court on April 2.

 

[Seattle1]

Millete’s lawyer, Colby Ryan, said this was a result of the sheriff department’s brand new communication system in the jail.
[.....]
The Judge responded with this reminder to Larry: "Even if they put it in front of you ... say no. That's what the court ordered."

^^rsbm

Defiant and dumb act didn't work before, why would it work today!

Hey Larry, a Court Order is a Court Order.

I believe the Court was very clear in earlier instructions when they advised him that he could only communicate in writing, and if others (excluding his children) didn't want to write to him, they could always come see him in person at the jail.

 

[Niner]

Monday, March 11th:
*Review Hearing (Conservatorship) (@ 11am PT) - CA - *May “Maya” Millete (39) (last seen @ home on Jan. 7, 2021, near San Miguel Ranch area, Chula Vista & reported missing Jan. 9, 2021 by her sister; not found). *Larry Ibarreta Millete (40/now 41) - Conservatorship Case: To have a conservator take control of Maya’s estate in her absence filed on 5/11/23 by sister Drouaillet.
Case & court info from 1/7/21 thru 5/11/23 reference post #746 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-38
8/10/23 Update: A conservatorship hearing regarding Maya Millete's estate was held Thursday morning in San Diego Superior Court. Maya's sister, Maricris Drouaillet, had petitioned the court, asking a conservator to facilitate the sale of the couple's Chula Vista home. Judge Olga Alvarez granted that request. The home is estimated to be valued at around $1.2 million. The money from the sale will go into a blocked account. Neither side will have access to it until it is determined which part belongs to Maya & which part belongs to Larry. December was proposed during the hearing to address the division of monies available to LM if any. Next hearing in December. During Thursday's hearing, it was also revealed the children will remain in the custody of Larry's parents for now & they will move into a home in the same area of Chula Vista so they can continue attending the same schools. Judge Olga Alvarez has appointed Kaitlyn Welling of Foster Thornton Welling as conservator on Aug. 10, 2023, having been petitioned to do so in April by Maya's sister, Maricris Drouaillet & granted that fiduciary permission to sell her home, as well as her vehicles & other property. All the parties involved in the conservatorship hearing are due back in court 9/1/23 to discuss the sale of the property & "the housing plan for the children," according to Thursday's ruling. Next review hearing on 12/4/23.
12/4/23 Update: Conservatorship: Review hearing continued pursuant to party's motion to 3/11/24 @ 11am before Judge Olga Alvarez.