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Defense pushes back against protective order at Millete hearing

DA wants evidence turned over during discovery to defense kept secret.

CHULA VISTA, Calif. — What was supposed to be a routine hearing to set dates for the preliminary hearing in the murder case against Larry Millete, ended up getting delayed Thursday for more than an hour.

Inside chambers, prosecutors and the defense were debating the details of a protective order, forbidding public release of discovery evidence.

Millete is charged with murdering the mother of his three children, Maya Millete, who has not been seen for more than 11 months. 

Her remains have not been located despite weekly searches by volunteers.

“I have had a lengthy chambers discussion with the parties regarding the proposed protective order,” San Diego County Superior Court Judge Dwayne Moring said at the beginning of the readiness hearing.

The office of the San Diego County District Attorney had filed the proposed protective order to make sure evidence turned over to the defense did not get released to the public or posted on the Internet before trial.

But defense attorney Bonita Martinez refused to sign off on the order, according to a motion filed this week by the DA. After the hour-long delay, Martinez returned to the courtroom and signed the order.

Later, Martinez told News 8 she thought the language in the protective order was too vague.  And, she said, during the meeting in chambers with the judge, she was able to get portions of the order changed.

“Disclosure of the discovery materials shall be limited to staff members, retained experts, and licensed private investigators,” Judge Moring ordered in open court.

The order covers 246 pages of evidence, 16 hard drives with media, and 100 police body cam videos that the district attorney wants kept secret, records said.

The judge also ordered Millete's attorney not to release any addresses or phone numbers of witnesses or victims to her client.

Larry Millete remains in custody with no bail.

A future court appearance for Millete was set at February 28 at 1:30 p.m. for a status conference in South County Department #9.

WATCH RELATED: Larry Millete accused of killing wife Maya wants his parents to get custody of couples' 3 kids (December 2021)

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