Awaiting a murder trial in San Diego, Maya Millete’s husband claims his constitutional rights have been infringed

The new defence attorney for Larry Millete attempted to get a San Diego County court to grant him permission to call his relatives.

Larry is charged with killing Maya Millete, his 39-year-old wife, in January 2021. Her remains are still missing. He entered a not guilty plea. He showed up for a status conference on Monday morning at the Chula Vista South Bay courthouse. It was his first court appearance since changing solicitors in October of last year.

Awaiting a murder trial in San Diego, Maya Millete's husband claims his constitutional rights have been infringed

Judge Dwayne Moring issued a criminal protection order shortly after Larry was arrested in October 2021. According to the order, Larry was only permitted to connect with his children through letters that were first examined by a guardian ad litem, a court-appointed representative for the children. Prosecutors, however, contend that Larry coerced his parents into allowing him to talk to his children on the phone hundreds of times. Judge Moring responded by restricting Larry’s communication to just calls to his lawyer.

Liann Sabatini, the defence counsel, requested that the judge change the order during this morning’s hearing. She said that it violated his rights to the First Amendment, Equal Protection Clause, and the Eighth Amendment.

“It is incorrect. It’s wholly unconstitutional, according to Sabatini. “Under what authority does the court to compel him to address audiences that he otherwise would not be speaking to?”

Christy Bowles, the deputy district attorney, countered that Larry had a history of breaking the order and denied that it had infringed any of his rights.

Bowles stated, “He wants to talk to people who are frequently around children.”

Bowles was favoured by Judge Enrique Camarena, who decided against altering the protection order. Additionally, Camarena gave an instance of Larry allegedly breaking the directive. At that particular instance, according to the prosecution, Larry called his kids for hours on end using the PIN of another prisoner. The judge claims that Larry made inappropriate comments in his calls, mentioning a scary movie about life in jail that he had told his kids to view.

Awaiting a murder trial in San Diego, Maya Millete's husband claims his constitutional rights have been infringed

“Those who wish to speak with him must go in person,” Judge Camarena stated in her decision. “Therefore, I don’t think this necessarily affects the constitution, which has existed long before telephone communication did.”

After the hearing, neither the prosecution nor the defence released a statement. However, as Sabatini was leaving the courtroom, she told a few reporters in the hallway that she had never seen a court order similar to the one that forbade her client from sending emails or making video calls to anyone other than an attorney.

The hearing’s primary goal was to assess Sabatini’s present status and determine whether her August trial was still on schedule. In October of last year, Sabatini took over as Larry’s defence lawyer from Bonita Martinez. The trial was then postponed for almost a year in order to give the new team time to learn the ins and outs of the intricate case.

Just before Christmas, Sabatini reported to the judge that she had gotten a hard drive from the district attorney’s office, but she was still expecting additional proof. Although Bowles promised to get new copies for Sabatini, she informed the judge that she was having trouble getting Martinez to provide the remaining material. The court scheduled a near status hearing on February 29 prior to the hearing being adjourned.

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