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

Curious Me

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The good news from today. :)


On Monday, Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent.
 

Curious Me

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Mentally Competent!
m1213.gif



"The mental competency finding means the criminal case will go forward again against Larry Millete, 41, who is charged with murder for allegedly killing 39-year-old May “Maya” Millete, the mother of his three children."

@Niner, I know you'll want this below info too.

"Millete is slated to have a three-week preliminary hearing, during which the prosecution will present evidence it believes will support the charges of murder and unlawful possession of an assault weapon filed against him. A status conference is set for this on Friday at the South Bay courthouse in Chula Vista, at which time the preliminary hearing date might be set."
 

Corrupted1967

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The good news from today. :)


On Monday, Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent.
Yes finally soon justice for Maya I hope one day they can locate her and lay her to rest properly and the children can get closure
 

Seattle1

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9/26/22

Criminal proceedings were reinstated Monday in the case of a man accused of killing his wife, a Chula Vista woman who remains missing more than 18 months after disappearing from her home.

The mental competency finding means the criminal case will go forward again against Larry Millete, 41, who is charged with murder for allegedly killing 39-year-old May "Maya" Millete, the mother of his three children.

In June, Millete's defense attorney, Bonita Martinez, declared a doubt as to her client's competency to stand trial, which halted the criminal case.

[..]

On Monday, Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent.

Millete is slated to have a three-week preliminary hearing, during which the prosecution will present evidence it believes will support the charges of murder and unlawful possession of an assault weapon filed against him.

A status conference is set for this on Friday at the South Bay courthouse in Chula Vista, at which time the preliminary hearing date might be set.

@Niner
 

Snoop Sister

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9/26/22

Criminal proceedings were reinstated Monday in the case of a man accused of killing his wife, a Chula Vista woman who remains missing more than 18 months after disappearing from her home.

The mental competency finding means the criminal case will go forward again against Larry Millete, 41, who is charged with murder for allegedly killing 39-year-old May "Maya" Millete, the mother of his three children.

In June, Millete's defense attorney, Bonita Martinez, declared a doubt as to her client's competency to stand trial, which halted the criminal case.

[..]

On Monday, Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent.

Millete is slated to have a three-week preliminary hearing, during which the prosecution will present evidence it believes will support the charges of murder and unlawful possession of an assault weapon filed against him.

A status conference is set for this on Friday at the South Bay courthouse in Chula Vista, at which time the preliminary hearing date might be set.

@Niner
Finally!!!
 

Seattle1

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On Monday, Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent.
^^rsbm

IMO, the defense attorney stipulating to the findings in the psych report means that they did not want to discuss or challenge any of the details on the Court record.

They did not want whatever Ms. Martinez may have wanted to challenge from the psych report entered in the record during Monday's hearing.

Instead, today the Court reinstated the proceedings, and the defense essentially waived a competency hearing where they would have the burden to prove LM incompetent (not beyond a reasonable doubt but by a “preponderance of the evidence").

And according to CA Statute, once the Court reinstates the criminal proceedings, the PH must be commenced within 10 days of reinstatement:

(A) If criminal proceedings were suspended before the preliminary hearing had been conducted, the preliminary hearing must be commenced within 10 days of the reinstatement of the criminal proceedings, as provided in Penal Code section 859b.


Personally, it seems I'm constantly left feeling unsettled about one CA statute after another, and this decision to reinstate the proceedings after only one opinion is no exception!

To be clear, I do not wish to see any additional delay in obtaining justice for Maya, and although I truly believe LM understands the general nature of the charges against him and that he has sufficient present ability to assist his lawyer with the defense presented (i.e., competent to stand trial), I also know that defendants like LM especially -- seldom waive or stipulate to the report without requesting a second opinion!

I think we have to ask why LW isn't requesting a second evaluation-- by his own expert.

This brings up my next question about LM's defense attorney's strategy:

Is it the defense's plan to move forward with the preliminary hearing within 10 days, go to trial, and after LM is convicted of disappearing Maya, appeal the verdict based on the single competency evaluation?

For example, California law does say that a defendant can:
  1. appeal a competency determination, and
  2. this appeal can come at different stages of a criminal case.
An accused can appeal if:
  1. a judge decides not to hold a competency hearing, or
  2. a judge or jury wrongly concludes that the defendant is competent to stand trial.
A decision that the accused was competent, though, can only be appealed after a criminal trial. Further, this appeal can only be made if:
  1. the defendant is found guilty, and
  2. he or she appeals the conviction generally.
People v. Mickle (1991) 54 Cal.3d 140.

In other words, I want LM to be convicted and sentenced without the benefit of an appeal over a technicality. It just seems so obvious to me. MOO
 

Niner

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Friday, Sept. 30th:
*Preliminary Exam Readiness Hearing (re murder) (@ 9am 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) charged (10/18/21), arrested (10/19/21) & arraigned (10/21/21) with murder. Plead not guilty. Held without bond. Denied bail (11/4/21).
*Larry Millete (39/now 41) regarding gun violence restraining order on possession of guns (1/7/21) <<temporary GVRO in place against Millete was dissolved 12/1/21. Plead not guilty.
Guardianship Case: Family Court Case #37-2021-00046499: Tabalanza, Pabilot vs. Millete, Larry / Family Court Petition for Visitation Case #FL21005040S

Case & court info from 1/7/21 thru 8/22/22 reference post #361 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-19

8/29/22 Update: Murder: Competency hearing (PC1368) rescheduled on 9/26/22. Guardian ad litem hearing on 10/24/22.
9/26/22 Update: Murder: On Monday, defense attorney Bonita Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent. Millete is slated to have a three-week preliminary hearing, during which the prosecution will present evidence it believes will support the charges of murder & unlawful possession of an assault weapon filed against him. A preliminary exam readiness hearing is set for this on Friday, 9/30/22 at the South Bay courthouse in Chula Vista, at which time the preliminary hearing date might be set.
 

Niner

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I signed up to get notifications on this case. Got this one this morning.

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

Further Proceedings scheduled for Oct 12 2022 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 9.

Preliminary Exam Readiness scheduled for Dec 6 2022 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 14.

Preliminary Exam scheduled for Jan 11 2023 8:30AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 9.
 

Seattle1

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I signed up to get notifications on this case. Got this one this morning.

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

Further Proceedings scheduled for Oct 12 2022 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 9.

Preliminary Exam Readiness scheduled for Dec 6 2022 9:00AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 14.

Preliminary Exam scheduled for Jan 11 2023 8:30AM at the San Diego Superior Court, South County Division, South County Regional Center in Department 9.
^^bbm

OK, with a Jan 22, 2023 PH date, I think we know that the defense waived their right to a preliminary hearing within 10 days of reinstatement of the proceeding following ML's competency evaluation (deemed fit).

Perhaps the defense is working on requesting a second opinion.... MOO
 

Marysmith

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^^bbm

OK, with a Jan 22, 2023 PH date, I think we know that the defense waived their right to a preliminary hearing within 10 days of reinstatement of the proceeding following ML's competency evaluation (deemed fit).

Perhaps the defense is working on requesting a second opinion.... MOO
I think that’s good speculation. He does have a bit of a case IMO with that spellcaster garbage that he did.
Of course I think he is competent and knew what he was doing the entire time. He murdered Maya and manipulated so many people to keep suspicions quiet. He’s playing the system as much as he can now.
The spellcaster stuff was/is just his belief that it would maybe help.
 

Niner

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Wednesday, October 12th:
*Further Proceedings Hearing (re murder) (@ 9am 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) charged (10/18/21), arrested (10/19/21) & arraigned (10/21/21) with murder. Plead not guilty. Held without bond. Denied bail (11/4/21).
*Larry Millete (39/now 41) regarding gun violence restraining order on possession of guns (1/7/21) <<temporary GVRO in place against Millete was dissolved 12/1/21. Plead not guilty.
Guardianship Case: Family Court Case #37-2021-00046499: Tabalanza, Pabilot vs. Millete, Larry / Family Court Petition for Visitation

Case & court info from 1/7/21 thru 8/22/22 reference post #361 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-19

8/29/22 Update: Murder: Competency hearing (PC1368) rescheduled on 9/26/22. Guardian ad litem hearing on 10/24/22.
9/26/22 Update: Murder: On Monday, defense attorney Bonita Martinez stipulated to the findings in a report authored by a psychiatrist who examined Millete. Based on that report, San Diego Superior Court Judge Cindy Davis found that Millete is mentally competent. Millete is slated to have a three-week preliminary hearing, during which the prosecution will present evidence it believes will support the charges of murder & unlawful possession of an assault weapon filed against him. A preliminary exam readiness hearing is set for this on Friday, 9/30/22 at the South Bay courthouse in Chula Vista, at which time the preliminary hearing date might be set.
9/30/22 Update: Murder: Next further proceedings hearing on 10/12/22 @ 9am in Dept. 9. Preliminary exam readiness hearing on 12/6/22 @ 9am in Dept. 14 & preliminary exam hearing on 1/11/23 @ 8:30am in Dept. 9.
 

Curious Me

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"In court in Chula Vista on Tuesday, however, Judge Dwayne Moring modified the criminal protective order against Millete, whose only spoke in court when asked if he understood the guidelines, to which he replied, "Yes, sir." Per a request from his defense attorney, Millete will now be allowed to have written communication with his children. However, telephonic communication and in-person visits are still forbidden."

[...]

"On Wednesday, the judge ruled that any letters must be reviewed by the children’s court-appointed guardian, who will monitor the communications for any inappropriate content, which would include discussing the case or attempts to unduly influence the children."
 

Curious Me

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In addition, LM will be back in court, and things are going to be moving along towards trial. I know @Niner will want this info to keep us updated. :)

"Millete is due back in court on Dec. 6 for a status conference, and then again on Jan. 11, for a preliminary hearing. During that hearing, which is expected to last up to three weeks, the prosecution will present evidence it believes will support the charges of murder and unlawful possession of an assault weapon filed against him."

BBM & UBM
 

Niner

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Per the court site - it is not a status conference hearing.


Defendant: Larry Ibarreta Millete
Defense Counsel: Bonita Martinez
Court No.: CS319857
Date: 12/06/2022 Time: 09:00 AM

Event: Preliminary Exam Readiness

Location: San Diego Superior Court, South County Division, South County Regional Center, Dept. 14

link: Case Information, Search - San Diego County District Attorney
 

Niner

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Not too sure IF this is happening today - since the Judge ruled some items in his 10/12/22 hearing.

Monday, October 24th:
*Ad Litem Hearing (re Guardianship) (@ am 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) charged (10/18/21), arrested (10/19/21) & arraigned (10/21/21) with murder. Plead not guilty. Held without bond. Denied bail (11/4/21). Found mentally competent to stand trial (9/26/22).
*Larry Millete (39/now 41) regarding gun violence restraining order on possession of guns (1/7/21) <<temporary GVRO in place against Millete was dissolved 12/1/21. Plead not guilty.
Guardianship Case: Family Court Case #37-2021-00046499: Tabalanza, Pabilot vs. Millete, Larry / Family Court Petition for Visitation Case #FL21005040S / Probate court site: San Diego
Case & court info from 1/7/21 thru 9/30/22 reference post #315 here:
https://www.websleuths.com/forums/t...-7-jan-2021-husband-arrested-5.600342/page-16

10/1/22 Update: Guardian ad litem hearing on 10/24/22.
10/12/22 Update: Murder: In court on Tuesday Judge Dwayne Moring modified the criminal protective order against Millete, whose only spoke in court when asked if he understood the guidelines, to which he replied, "Yes, sir." Per a request from his defense attorney, Millete will now be allowed to have written communication with his children. However, telephonic communication & in-person visits are still forbidden. The judge ruled that any letters must be reviewed by the children’s court-appointed guardian, who will monitor the communications for any inappropriate content, which would include discussing the case or attempts to unduly influence the children. Millete is due back in court on 12/6/22 for a preliminary exam readiness hearing, and then again on 1/11/23 for a preliminary hearing. During that hearing, which is expected to last up to three weeks, the prosecution will present evidence it believes will support the charges of murder & unlawful possession of an assault weapon filed against him.
 

Curious Me

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Are you kidding? Not certain why the children believe this? Ah, MOO, the children have been brainwashed and that's why. Have you heard what LM's parent's say about Maya, and why she's missing? Have you grasped the maliciousness coming out of their mouths? The children live with those people who bad mouthed Maya and her family all along. It's no mystery to some of us why the children wrongly blame Maya's side of the family, and believe it's Maya's side of the family causing LM to be incarcerated. It's incredibly sad, but the only way those children will probably accept the truth is if LM is convicted of Maya's murder, but I fear, even then, the kids will cling to the stories they've been told by LM's parents.


A June trial date was set Monday in the legal battle over the guardianship of the three children of a Chula Vista woman who remains missing and her husband, who is suspected of killing her.

[...]

James said all three children are “doing remarkably well” despite the circumstances, but said she was concerned about how the various “unknowns” might affect them down the line, particularly whether their mother will be found and the outcome of their father’s criminal case.

[...]

James also noted that the maternal side of the family is seeking additional visitation with the children, who have remained with their grandparents since their mother’s disappearance.


While James said she wasn’t aware of any issues precluding more visitation, she noted, “these children strongly believe that their maternal family has caused (their) father’s incarceration and it makes them uncomfortable around that side of the family. I’m not certain why they believe this, but they do.”
 
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