Judge Denies Millete Request To Recuse Entire San Diego County DA's Office

CHULA VISTA, CA — On the eve of his murder trial, a request from the defense attorneys for Larry Millete -- the husband of missing Chula Vista resident, May "Maya" Millete -- to recuse the entire San Diego County District Attorney's Office from prosecuting the case was rejected by a judge Thursday.

Millete's attorneys argued that throughout his preliminary hearing in 2023, the prosecution's witnesses lied about a key factor of the case related to an alleged affair May Millete was having with a married co-worker.

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Defense attorneys Liann Sabatini and Colby Ryan argued law enforcement witnesses who testified at the preliminary hearing deliberately disregarded evidence showing May Millete was having an affair with the man during the latter part of 2020 and early 2021 up until the day she went missing.

In a defense motion to recuse the DA's Office, the attorneys argued this evidence could have pointed to the co-worker as another potential suspect in May Millete's killing. The motion argued the co-worker may have "also had motive to kill (her)" because she could have exposed his infidelity, compromising his marriage and their jobs with the U.S. Navy.

However, earlier this week Superior Court Judge Enrique Camarena ruled that the defense may not argue to jurors during the trial that the co- worker had any role in her killing.

Thursday's hearing dealt with allegations of false testimony from police witnesses and the defense's allegations of misconduct against the lead prosecutor, Deputy District Attorney Christy Bowles, who the attorneys alleged "solicited and allowed false testimony to go uncorrected" during the preliminary hearing.

But prosecutors argued, and Camarena agreed, that the issue of the affair was raised during the preliminary hearing and that the witnesses' answers could have reflected differing interpretations of the evidence, rather than outright lies.

"The court finds that no witness was deliberately untruthful, nor does it find that the prosecutor endorsed or specifically elicited such testimony," the judge said.

Camarena also rejected a motion to dismiss the case on Thursday under much of the same grounds.

Deputy District Attorney Franciesca Balerio, who argued on behalf of the DA's Office, took issue with what she said were personal attacks on Bowles within the defense motion.

The defense argued Bowles "has become too personally invested" in the case by among other things, "inserting herself needlessly" into other matters, such as the guardianship case concerning the Milletes' three children.

"These allegations against DDA Bowles are unwarranted and a reckless attack on her," Balerio said during Thursday's hearing.

Jury selection will begin on May 11 for the trial, which is expected to last around three months.

May Millete has not been seen or heard from since Jan. 7, 2021. Her husband was arrested in October 2021 on suspicion of murdering her.

Prosecutors contend Larry Millete, 44, killed his wife after she sought to divorce him. Prior to her disappearance, prosecutors say Larry Millete sought the assistance of family members and "spell casters" to compel May to give up her plans for divorce.

He could face up to 25 years to life in state prison if convicted of murder, plus a felony count of possessing an assault weapon.

— City News Service