SAN DIEGO — A judge ruled this week that Larry Millete could face trial on murder charges in the death of his still-missing wife, Maya Millete, who disappeared without a trace from her Chula Vista home.
But could there be a plea deal in the case?
Before Sabre Springs resident David Westerfield was tried and convicted of murdering Danielle van Dam in 2002, his attorneys were negotiating a plea bargain, in exchange for the location of her body.
The plea negotiations collapsed, however, when the 7-year-old's remains were discovered off Dehesa Road in the East County.
After John Gardner was arrested for the murder of Chelsea King in 2010, his attorneys successfully negotiated a plea deal. Gardner avoided the death penalty by showing police where he had buried the body of 14-year-old Amber Dubois.
On Wednesday, a judge ruled Larry Millete could be tried for the murder of his wife, Maya Millete, following an unusually long, 10-day preliminary hearing.
“They may have wanted to impress on the defendant how strong their case is, even though their case is based on circumstantial evidence,” said defense attorney Gretchen von Helms, who is not involved in the Millete case.
She said prosecutors could offer Larry Millete a plea bargain in exchange for the location of Maya's remains.
“Yes, the prosecutors could make a plea deal at the behest of (Maya’s) family to give him a deal of less than first-degree murder,” von Helms said.
Millete is facing 25 years to life if convicted of murder. If he made a plea deal for second-degree murder, Millete could be eligible for parole in 15 years.
“The family wants closure. They want to know exactly what happened to their loved one. And if he can provide that information, which he doesn't have to provide, that may help them work with the District Attorney's office to offer him a sentencing number that he is comfortable with,” said von Helms.
Hypothetically, for a plea deal to happen, Millete would have to tell investigators where Maya's body is and how he killed her. That's because he would face more prison time if, for example, he used a firearm to commit the crime.
As for the family of Maya Millete, her sister previously told CBS 8 that she is open to anything that helps find Maya.
“If he has a plea deal, hopefully, he'll have a change of heart and tell us where my sister is and just tell us the truth,” said Maricris Drouaillet, Maya’s sister.
Of course, Larry Millete is presumed innocent and has pleaded not guilty to one count of murder and one count of possession of an illegal assault weapon.
On Thursday, CBS 8 spoke to Millete’s defense attorney, Bonita Martinez.
She confirmed the Millete case is her first murder trial.
Prosecutors had approached her to inquire about a possible plea bargain, according to Martinez.
Martinez said no serious plea negotiations had taken place, and she would need more information before going down that road.
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