• #181
That long 82 page journal entry Maya wrote in her 20's way back 24 yrs. ago will not be allowed in. The Prosecution argued it spoke of the frame of mind of Maya back then, but it was ruled not relevant to allow in.

Judge Enrique Camarena sided with the defense team and ruled cameras will not be allowed in the courtroom for the Larry Millete murder trial. (Video Included)

The judge addressed several motions during the pre-trial hearing, which could last until Wednesday, including whether to allow jurors to hear a 911 call from Maya Millete's sister and whether to admit cell phone records and cell phone tower records as evidence.

[...]

There was also a disagreement over whether or not to allow the jury to read a 2002 journal entry written by Maya Millete. The judge denied the prosecution's request to allow it at trial.

There were also disagreements about which social media posts and pictures the jury should be allowed to see. The defense argued some of them are irrelevant to the case.

 
  • #182
The defense team for Larry Millete has filed a motion, making serious allegations of prosecutorial misconduct against the San Diego Deputy District Attorney handling the case, however, the California Attorney General's Office said Friday, the defense's motion should be denied.
The 29-page defense filing accuses Deputy DA Christy Bowles of multiple violations. According to the document, Bowles allegedly engaged in eliciting false testimony at the preliminary hearing and admitting evidence the defense claims she knew to be illegal.

The defense team expressed grave concerns about the prosecutor's impartiality in their filing. "This prosecutor is too personally invested to be able to carry out her duties in a way that comports with the law and fundamental principles of fairness," the defense wrote in the filing.

The defense seeks removal of Bowles from the case and requests that a prosecutor from the California Attorney General's Office assume responsibility for the prosecution—a rare occurrence in criminal cases. Such a change would likely postpone the trial by at least one year or longer.

Criminal defense attorney Gretchen von Helms, who is not connected to the case, characterized the allegations as serious.

"These allegations are very serious to accuse someone of prosecutorial misconduct. If they find there has been a violation, a judge will order a new prosecuting team to come into the case," said von Helms.

The defense has also alleged that Chula Vista investigators provided false testimony and deliberately downplayed an affair involving Maya Millete and a coworker.

In a 15-page motion filed Friday, the AG's Office wrote the defendant has not met his burden to show the San Diego District Attorney's office has a conflict of interest based on alleged prosecutorial misconduct.

He writes "there are no affidavits attached to the defendant's motion (which is required under Penal Code Section 1424) showing there has been any prosecutorial misconduct. Further, there has been no judicial finding of prosecutorial misconduct by DDA Bowles. Accordingly, there is no conflict. As there is no conflict, there is no need to recuse DDA Bowles or the entire District Attorney's Office."

He wrote that disqualifying an entire office is an extreme step. He points out that there are hundreds of DDAs throughout San Diego County, and the defendant would need to show that any prosecutor assigned to the case would be influenced by alleged prosecutorial misconduct.
 

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