SAN DIEGO (CNS) – A man accused of murdering his wife, a Chula Vista woman who remains missing more than 18 months after disappearing from her home, will appear for deposition in a case that will decide the guardianship of her three children, a judge ruled on Wednesday.
San Diego Superior Court Judge Julia Kelety’s order approves a request by May “Maya” Millete’s sister to compel Larry Millete to appear for an interview in the case to decide who will be granted guardianship of her children, aged 12, 11 and 5.
Millete, 40, has been imprisoned since October on suspicion of the murder of his wife, who disappeared on January 7, 2021.
Prosecutors, who allege Millete killed her because she filed for divorce, say no one reported seeing her alive after that day, and her body has not been found. Millete has denied any involvement in his wife’s disappearance and in a separate court case wrote in a statement that he believes his wife left voluntarily.
Millete’s parents and May Millete’s sister have since gone to court to decide who should become the children’s guardians in the absence of their parents.
Such a deposition will have to wait until Millete is deemed mentally capable.
Earlier this year, his defense lawyer said he doubted Millete’s ability to stand trial in the murder case and the criminal charges were stayed. A defendant is deemed mentally incapable of standing trial if he is unable to understand the nature of the criminal proceedings or to assist his attorney in his defence.
Millete was to be evaluated by a doctor to determine if he was fit to stand trial, but that evaluation has not yet taken place, according to Scott Finkbeiner, an attorney representing May Millete’s sister, Maracris Drouaillet.
Finkbeiner told the judge on Wednesday, “Obviously I’m not going to accept the testimony of an incompetent witness.”
A hearing regarding his jurisdiction is scheduled for Aug. 29 at the downtown San Diego courthouse.