CHULA VISTA (CNS) — A judge today denied a request from the defense attorneys representing Larry Millete -- the Chula Vista man charged with murdering his wife, who has been missing for more than four years after vanishing from her home -- to move his murder trial away from the Chula Vista courthouse.
Attorneys for Millete, who is scheduled to go to trial in January on allegations that he killed May "Maya'' Millete, argued that the media coverage surrounding her disappearance and his criminal case has influenced public perception to such a degree that Millete would not receive a fair trial with jurors summoned from the South Bay region.
In a recent filing, Millete's attorneys wrote, "It is obvious that there is an extreme danger that potential jurors in South Bay would, and have already, judged Mr. Millete based on what the media has extensively and rarely accurately detailed about his lifestyle and personality, rather than on his proven acts or anything based on the actual evidence in this case."
One of Millete's attorneys, Colby Ryan, said Thursday that the attention and interest in the case was particularly unique. He noted that in the months following May's disappearance, large groups of people held gatherings outside the Chula Vista Police Department, Chula Vista courthouse, and outside the Millete family residence when police served a search warrant there. Local interest in the case was also apparent in the "vast community outreach'' seen in vigils held for May and numerous searches conducted by community members and May's family, Ryan said.
Millete's attorneys argued that the size of the South Bay population was not large enough "to dilute adverse publicity."
Along with the level of news coverage surrounding the case, the defense has pointed to an October 2021 news conference held by Chula Vista police and the San Diego County District Attorney's Office shortly after Millete's arrest.
During the news conference, San Diego County District Attorney Summer Stephan laid out numerous evidentiary details that she said showed Millete murdered his wife, many of which the defense claims were misleading, inaccurate, and intended to sway the public into assuming Millete was guilty. Some of those statements included references to a series of messages Millete allegedly sent to "spell casters'' to try and compel May to give up her plans to divorce him. Some of the messages suggested having May incapacitated -- such as sustaining an accident or broken bones -- so she could not leave the home and would depend on Millete, according to Stephan, who said those messages indicated Millete's "homicidal ideations to harm Mrs. Millete.''
Stephan also noted that she had not previously dealt with spell casting in any case in her career, which the defense said was intended to sensationalize the case, such that "it would be impossible for the consciousness of the South Bay community members to forget or not be biased against Mr. Millete.''
Deputy District Attorney Christy Bowles argued there was no evidence of a connection between the widespread interest in the case and bias against Millete, nor had it been shown that there was a specific bias among members of the South Bay community.
The prosecutor also argued that many of the statements made in the press release were referencing details that were outlined in publicly available court documents, including the alleged spell casting messages. Judge Enrique Camarena denied the change of venue motion, as well as a separate defense request to summon prospective jurors from the entire county of San Diego.
In denying the defense requests, Camarena said he had not seen evidence that South Bay jurors would be more or less biased against Millete than jurors from other regions.
However, he denied the requests without prejudice, meaning the defense can bring the issues up again as the case gets closer to trial.
Millete's trial is currently scheduled to begin in late January and is expected to last around three months.
Millete, 43, faces up to 25 years to life in state prison if convicted of murder, plus a felony count of possessing an assault weapon.
May Millete has not been seen or heard from since Jan. 7, 2021.
