CHULA VISTA, Calif. (KGTV) — Day 10 of the Larry Millete murder trial started with attorneys arguing over what they could and could not ask the person Maya Millete was having an affair with when — or if — he is called to the stand.
The back-and-forth debate left Larry Millete’s attorneys, the prosecution and Judge Enrique Camarena visibly frustrated.
The jury was not in the courtroom during the discussions.
Defense attorney Liann Sabatini argued that police “did not investigate their case fairly across the board” and that there was likely bias.
She said that they are there to make sure Larry Millete has a fair trial, but that “things are starting to feel very, very uneven.”
Sabatini argued that they should have the right to question Jamey Laird in a certain manner because he has a “habit and reputation of being a liar.”
The defense said Maya was having an affair with Laird for roughly a year, right before she disappeared.
“When we try to introduce evidence in the same way the prosecution is doing it, we get shut down,” Sabatini said. She argued that the line of questioning they plan to present does not violate the judge’s ruling on third-party culpability.
Judge Camarena previously said third-party culpability will not be allowed at trial. That means that the defense is not allowed to argue another person is responsible for the crime.
Maya Millete was last seen Jan. 7, 2021. Larry is accused of killing his wife, but her body has never been found.
Larry, who was wearing a gray sweater and collared shirt, sat quietly during the heated discussions.
The debate goes back to a separate legal case (People vs. Page) establishing precedent for allowing third-party culpability and the attorneys’ interpretation of it.
Deputy District Attorney Christy Bowles argued that Laird was properly looked into, pointing to investigators downloading the contents of his and his wife’s cell phones in May 2021. She said she takes issue with the defense’s accusation that there was no follow-up of Laird.
Sabatini argued the circumstantial evidence in the case was being “unevenly used,” implying the judge was allowing the prosecution more leeway.
At one point, Judge Camarena — who is typically soft-spoken — interrupted Sabatini, saying that she has made her point “abundantly clear” in the two hours used to discuss this issue.
He agreed that if the prosecution calls him as a witness, “his credibility needs to be tested.”
“We’ll go question by question,” Camarena said.
However, he agreed with Bowles that where Laird was on the night of the alleged crime will not be permitted.
The morning session ended with Peter Villaver, a crime analyst administrator with San Diego County District Attorney’s Office.
He testified that as of the early morning on Jan. 8, 2021, Maya’s cell phone connection was terminated.
The trial could last up to three months.
