About this transcript: This is a full AI-generated transcript of Killer Locked Up for Wife’s Murder as Body Remains Missing — CA v. Larry Millete — Full Sentencing from COURT TV, published November 4, 2026. The transcript contains 17,776 words with timestamps and was generated using Whisper AI.
"Good afternoon, Your Honor Colby Ryan, also on behalf of Mr. Levin. Okay, a few ground rules, everyone, to the members of the public here in the courtroom. I am mindful that many of you have traveled from far away places to be here, and that today's hearing carries an emotional weight. The court is"
[00:00:00] Speaker ?: Good afternoon, Your Honor Colby Ryan, also on behalf of Mr. Levin. Okay, a few ground rules, everyone, to the members of the public here in the courtroom.
[00:00:11] Speaker 1: I am mindful that many of you have traveled from far away places to be here, and that today's hearing carries an emotional weight. The court is admonishing everyone that outbursts will not be tolerated. If one occurs, a person or persons will be removed. The court expects civility and decorum from everybody. And additionally, a reminder to those who are observing the proceedings on Microsoft Teams, the recording of court proceedings on prohibited apps in the court order. This provision includes recording from the court's Microsoft Teams feed, and doing so without explicit court permission to record self-insanctions. If you're Microsoft Teams, if your microphone is muted, if you interrupt, you will be removed from the Teams feed. First of all, for business, the court received a plethora of media requests to record and for live streaming of the proceedings. Counsel?
[00:01:10] Speaker 2: I think the court knows the defense has a long-standing objection to the media presence, so we would object for the record. Mr. Beagle?
[00:01:17] Speaker 3: Mr. Browner, I'll submit to the court, however, I would have a couple of caveat requests. I know there's our motion for the new trial first, but with regard to the sentencing hearing, there are a couple of minors who will be speaking, and I would ask that the minors' faces be tiled. And so that's my request. I also have a couple of videos that I am going to ask to play, and I would ask that those not be, well, one alternative is not to play it through the Teams feed, because my concern is any recording of those videos, because at this point they're under seal and they have photos and it's video of minors, and I, out of respect for the privacy of those minors, I was asking and had asked the court to keep those private and sealed, and so my request is that the media not be allowed to record those videos when they're played in court, if the court allows them.
[00:02:26] Speaker 1: Okay, so I did receive a media request from the ABC10, Court TV, Dateline, Fox 5, KMV, KNSD, Incident of Union Tribune, Winnie BCO, Incident of County D.A.'s Medical Center. So I'm granting the request to photograph, record, broadcast live. I'm authorizing one still photo camera and one live video recording camera. I agree with the people. So, you know, recording is authorized from the Microsoft Teams link. I think I've already mentioned that. Audience members and minors must not be shown on the video feed or the video recording. And any media or video that is shown during the hearing, that media must not be video recorded from the live feed or otherwise. Otherwise, coverage is granted in this order and is permitted only for today's hearing. Violation of this order may result in sanctions. Okay, second order of business.
[00:03:27] Speaker ?: The defense has filed a motion for a new trial. People filed a response in opposition.
[00:03:32] Speaker 1: The court has reviewed the briefs and attached to exhibits in preparation for this hearing. So let's begin with the argument on the defense for the motion for a new trial.
[00:03:41] Speaker 2: Thank you, Your Honor. I do not want to belabor the many points I made in my pleadings. I'm not sure if the court has any specific inquiry outside of the pleadings that I did file. I did want the court to know that the defense subpoenaed several media outlets from which the videos that we obtained were taken. We attempted to set up the local media outlets. They would not authorize entry to their premises by a lot of our staff. So we went ahead and had the parent company serve in Sacramento. In response to our subpoenas, Deuce's Tecum, every single parent company said kind of a proforma letter asserting some kind of privilege or putting in other language that they were not going to comply with the subpoenas, Deuce's Tecum. So the people brought up in their opposition that the evidence that we are bringing forth to the court was not sufficient. And I wanted to give the court proper background.
[00:04:46] Speaker 1: Turn off your microphones or you're going to get removed from the Microsoft Teams last morning. Thank you. Let me proceed. Thank you.
[00:05:00] Speaker 2: So as a matter of just preserving for the record that the defense did make attempts to obtain full, unedited, uncut, or whatever you would call it, raw video from the parent companies of the interviews that have been published that we were able to record and transcribe. So if there is an issue there, I would ask the court to put an OSC or some kind of hearing for those parent companies to properly respond to the court as to why they do not have to comply with the subpoenas of Deuce's Tecum under the privilege that they're asserting.
[00:05:41] Speaker ?: Short of that, what we did was use open source.
[00:05:44] Speaker 2: And we obtained interviews from jurors that were published on social media, on YouTube, on the news network's websites, and those that we found were the ones that were published in the general public as a whole. So there's nothing about what the defense did in terms of the contents of these videos and the transcriptions that involved any kind of editing. We simply downloaded them. We simply downloaded what we could find and how to transcribe. So if the court has, if there's some evidentiary hurdles there, those are the remunerative measures that we think that the court could take to obtain better evidence of the juror's statements. It is our position, however, that in these voluntary and potential statements made by the jurors to the media, that they should be taken at face value. They were in direct responses to questions they were being asked very close in time to the verdict. The evidence code accounts for statements being close in time to an event as more reliable historically.
[00:06:53] Speaker 1: I don't know if there's feedback or something, but... Jamie, my clerk, is all at. She's trying to move people as fast as possible. Please mute your microphones on Microsoft Teams. They're going to be removed. Or the court might just shut the whole thing down on Microsoft Teams. That'll be the consequence to everybody else. We continue.
[00:07:20] Speaker 2: Thank you, Your Honor. So that is what the defense would suggest if the court wants an alternative or more full and accurate picture of maybe a full interview that was being given. But it's our position that these were honest, kind of reactionary comments from the jurors. And it's our position that they rose to misconduct. We understand the people's position. We've articulated the law and the facts as we see them. They've articulated the law and the facts as they see them. Ultimately, it's going to be this court. So if not to take away time from this hearing, I want to submit on my pleadings, offer that additional information to the court, and invite any specific inquiry. But otherwise, I would submit.
[00:08:02] Speaker 3: Well, I think similarly, we filed a very extensive response to the points that the defense made. For example, the sufficiency of evidence and any instructional error or error of the court in admitting certain evidence. So similarly, I'd be happy to respond if there's any inquiry from the court. However, I feel that our motion was very thorough in that response. And in terms of the juror misconduct portion, my colleague, Michelle Ryle, assisted with writing and responding in this brief. So I'm going to actually yield my time on this subject matter and allow her to speak and argue this portion.
[00:08:47] Speaker 4: Thank you, Your Honor.
[00:08:48] Speaker 5: Your hearings, please.
[00:08:50] Speaker 4: Deputy District Attorney, Michelle Ryle, for the people. Regarding the defendant's inquiry into getting the uncut footage, I understand and the people understand the hurdles presented by the corporations with their privilege invocation. However, these clips on their face would be in support of a motion to unsealed juror declarations, and the defendant chose not to follow that. The evidence code 1150 requires that the evidence be otherwise admissible in order to test the verdict. These edited out-of-court statements from ambushed jurors exhausted after a seven-week trial taken from the parking lot are not evidence that is otherwise admissible in court. This is more like a paparazzi reaching a celebrity as they walk out of a restaurant. It is not a sworn declaration taken by an investigator submitted under penalty of perjury. Now, if the court does choose to take these statements on their face as the defendant requests, nevertheless, the defendant fails to meet his burden to show a substantial possibility that misconduct occurred. Does the court have any specific claims that you would like me to address? Not on this one. Okay. Otherwise, I would rest on our arguments and the pleadings and ask that the court deny the motion on the merits. Okay.
[00:10:29] Speaker ?: Ask the motion for the new trial to submit.
[00:10:30] Speaker 1: Submitted. Submitted. Submitted. Submitted as well? Submitted.
[00:10:35] Speaker 6: Submitted.
[00:10:36] Speaker 1: Okay. So let me go through my findings. So there's three different arguments for the motion for the new trial. The first is the sufficiency of the evidence. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. Submitted. accusation there was a synergy of circumstantial evidence that in the court's mind established the original doubt that the defendant committed and premeditated and deliberated by her own mind and that's it. That evidence included the defendant's controlling and possessive conduct toward the victim in the period leading up to her disappearance, the digital and forensic evidence, the defendant's own actions, the statements from January 7 and 8, 2021, and thereafter. And also the absence of any credible alternative explanation consistent with the victim's continued life. The jury deliberated and returned the unanimous verdict and first-degree verdict. The court accepts and respects that verdict. The court does sit in effect as case lies demonstrated as the 13th juror. The court does not find that the verdict is contrary to the evidence and so on the basis of insufficiency of the evidence, the defense motion for a new trial is denied. As to the second argument of juror misconduct. My understanding is the defense claims that the quick verdict, going short compared to the length of the evidence presented, and several of the jurors' comments who elected to speak to the media after the verdict, reveals bias and a failure to consider anything other than a first-degree murder verdict. That's their contention. The court finds no juror misconduct. A jury can take as long or as little time necessary to decide a dispute in their deliberations. In fact, our laws, after all, permit a first-degree murder conviction on a person, preaches a quote and a quoting from the instruction. The test is the extent of the reflection, not the length of time. I think we afforded the same benefit to the jurors. The law provides for a minimum or maximum. The defense has provided the court in support of the motion for new trials several publicly available interviews of several jurors. These interviews are not sworn statements or testimony. They were television interviews by reporters, some of which clearly were edited. The court is credited, and the court does not fault the defense by not having the whole interview to give it context, but they're just not before the court in their entirety and disagree. The defense did not submit sworn statements or advocates that reflect any juror misconduct. The videos in support of their motion are because the people correctly assert or hearsay and are not admissible in support of an allegation of juror misconduct. So, in the end, the court finds a defense is not present today, which is demonstrating a strong possibility that prejudicial misconduct has occurred. The alternative, assuming that the videos are admissible in support of the motion for new trial, the court finds it even when viewed in the like most favorable to the defendant's proper interpretation, the statements that issued failed to establish a strong possibility that prejudicial misconduct has occurred. At most, the statements arise to speculation and conjecture, which fall short in satisfying the requisite evidential threshold. Accordingly, the proffer in its present form is insufficient to warrant a further hearing. On the basis of juror misconduct, the motion for new trial is denied. And lastly, after the third issue of instructional error, the defense claims the court misinstructed on the issue of unanimity. The court did instruct on unanimity. In instruction 5.2.1, the court read the following: "You may not find the defendant guilty of first-degree murder unless all of you agree that the people have proved that the defendant committed murder. But all of you do not need to agree on the same theory." End quote. The use notes for that instruction specifically instruct the trial court to give this paragraph from the prosecution alleges two or more theories of first-degree murder. And the use notes further state that if the prosecution alleges felony murder in addition to the theories of first-degree murder in instruction 5.2.1, that the court should give instruction 5.4.8 instead of that paragraph the court just read in that case or in this case. "Felony murder was not a theory of murder in this case, and therefore the count frame or instruction on 5.4.8 was correctly not given to this jury." "The people have alleged one crime, murder, and the people presented alternate theories on how to arrive at murder. The jury was properly instructed that they be unanimous as to the charge of the degree of murder. So on the basis of instructional error, the defense's motion for a new trial is denied." So, lastly, let's turn to the matter of sentence. Can you recall this?
[00:15:49] Speaker 2: I didn't want to inquire with the court because we haven't addressed the exhibits and I didn't know if the court was going to address that after.
[00:15:58] Speaker 3: I just, also, just in terms of the motion for the new trial, there was an additional claim that there was evidence admitted improperly. That was the state of mind evidence that was sort of built into the other one. So, you didn't necessarily address that?
[00:16:20] Speaker 1: I didn't because it, you know, I'm not changing my rules in terms of the admissibility of the evidence. So, like, if there's any claim of error, the court is not finding that there was any error on admitting too much or certain evidence in support of the motion for the trial. Thank you. Okay. The defense timely received a probation report? Yes.
[00:16:46] Speaker ?: I have read the sentencing memorandums, the exhibits and the probation report.
[00:16:51] Speaker 1: This proposed and filed a request to seal exhibit B and C. There was an order in there. I did receive the order this morning, so I did seal exhibit B and C, which B or what videos are going to be shown. The statement of decision. The statement of decision. The statement of decision on the pivotal dependency case. It was the guardianship case.
[00:17:08] Speaker 3: I think it is public record, but it was an abundance of caution given that nature of the procedure.
[00:17:20] Speaker 2: And, Your Honor, I was referring to the people's previous motion about trial exhibits, because there was a request to kind of delay the release of that, and I just wanted to put on the record that we don't have any objection to the court releasing exhibits whenever the court feels that's necessary. But, there was some discussion at some point in time about marked versus received exhibits, and it's our position that just because an exhibit is marked, it's not being able to be received, and that we would object to the court releasing all marked exhibits, and we would only agree to those that were actually received into evidence.
[00:17:57] Speaker 1: I believe that the only exhibits that can't be released from the tribal are those that were properly admitted. I know that people had an objection in terms of the, many of the exhibits displaying a minor's face, or within the photograph of the home there were photographs on the wall and things like that, that also needed to be redacted. And, I know a lot of that work was done for the preliminary hearing, but there's, I have not counted, I'm going to leave that up to you. So, the court is prepared to either have a hearing or have you submit redacted versions of those photographs, and then permit the release of the trial exhibits as soon as we get those redacted.
[00:18:38] Speaker 2: And does the court, so we would respectably redact each side, I would imagine, and then I'm just asking kind of, are we just putting black boxes, are we redacting the entire exhibit?
[00:18:52] Speaker 1: Black boxes over the minor spaces, that's what was done with the preliminary hearing. What I thought is we would just set a status on that issue sometime in the future, because I know you are all day preparing for this. So, let's do that in the future, and let's be respectful, I guess, in the press's anxious expectation of getting those at some point in the future.
[00:19:15] Speaker 3: The only thing I would say is, there are a couple, and so maybe we, and again, I think it's a good idea to defer this, because today is a big day in other respects. So, I don't want to get sidelined, but for example, the surveillance footage that was introduced, it is continuous over two days essentially of the neighborhood. There are civilians, there are children in those videos, because it's just neighborhood video. I would, and I've talked to our kind of the staff that I would be seeking to assist me with doing those redactions, and it would be, it's a very, very laborious task. So, there are certain exhibits that I'm actually going to request not be released in their entirety, because I don't think that they, I mean, to have 48 hours of continuous surveillance footage from a neighborhood, I don't think, you know, necessary. So, I think the court could make a finding that there's, you know, the privacy interest outweigh any, any true kind of value to, to the media. And maybe they would withdraw their request for that, because I don't imagine they want to sit through for it and watch 48 hours of coverage. But, again, we can defer that to another day, it's just that there are a couple of exhibits that it's too, it's honestly too difficult in some ways to redact, and there are privacy issues with children involved, so. Okay.
[00:20:44] Speaker 1: We'll set a date before saving the hearing. Okay. Okay.
[00:20:49] Speaker ?: Okay. All right.
[00:20:51] Speaker 1: So, I have read the sentencing memorandums. The exhibits, the videos of the exhibits, have received a probation report as well. There's people, you may proceed with your argument and presentation within the compact state of the Senate.
[00:21:09] Speaker 3: Okay. Thank you, Your Honor. One other kind of, I guess, housekeeping issue in the same vein of all this.
[00:21:16] Speaker 5: This is Rick Silverman. Turn off your microphones, please.
[00:21:20] Speaker ?: Thank you.
[00:21:21] Speaker 3: There has been a restrictive protective order for both sides in terms of the discovery. And I would ask, and maybe it's a matter of me crafting some sort of exception or modification to it, to allow myself to share videos and photos with the family. Because there are a lot of photos that I was privy to because of the exhibits and the evidence that we obtained that I think have a great value to the family. And so I don't know if the court – I mean, I know with the exhibits that were introduced in court, those will be public record. But so I think that absolves essentially or overrides any protective order in terms of the discovery. But I did want to be allowed to provide them with photos and videos that would be special to the family.
[00:22:21] Speaker 1: And so I think, you know, it's running out of – you know, that's running out of defense and their stipulation and how it worked out. Right? We'll be hearing on that when we're talking about the trial exhibits. Okay.
[00:22:33] Speaker ?: Okay. Okay.
[00:22:35] Speaker 3: Well, I think just – we will just proceed then with victim impact. And I may have a few words after, but I think we'll leave it to the family. So I think the first member of the family is Rika Casino. So she's, yeah, coming up to the podium now.
[00:23:07] Speaker 1: Okay. Say your name and spell both your names for me first.
[00:23:11] Speaker 7: My name is Rika Casino. First name Rika, R-I-C-A. Last name Casino, C-A-S-I-N-L. My name is Rika Marie Casino. I'm the niece of Maymelet. For nearly six years, my family has been living through a nightmare that no family should ever have to experience. Today I stand before you not to only speak about the pain that my aunt's murder has caused, but also to remind everyone that before she was a missing person, before she was a part of the news coverage, the investigations, and the trial, she was someone we loved. To the public, she is known as Maymelet. To me, she's Auntie Maya. Growing up, Auntie Maya was someone I always looked up to and found easy to relate to. She was incredibly intelligent and accomplished, but also warm, outgoing, and bubbly. When I was a teenager, she would take me on girls trips, whether it was shopping or snowboarding. I even remember her sitting in the passenger seat while she let me drive her car, long before I even had a learner's permit. We also went on numerous camping trips together in 2020. Memories I cherish more than ever, and I always felt comfortable around her. Whether I needed advice about which college to attend, or wanted to talk about things I was too embarrassed to bring up with my mom, she was always someone I could confide in. The last time I ever saw Auntie Maya was the final evening of our family's New Year's trip to Gladness in 2021. The sun was beginning to set over the sand dunes. I remember standing near our campsite, recording her on my phone as she rode her dirt bike across the dunes, doing jumps while her son played in the sand beside me, cheering his mom on as she landed each jump. It's a memory that has stayed with me all these years, especially because of how happy and full of life she was in that moment. Later that evening, as she was getting ready to head home to San Diego, I said goodbye to her and told her that I'd see her that weekend at Big Bay for Laura's birthday. It was such an ordinary goodbye. I didn't think twice about it because I had every reason to believe that I'd see her again in just a few days. I never could have imagined that those would be the last words I'd say in her person, on that January 3rd would be the last day I would ever see my aunt. I was 17 years old the last time I saw her. I'll soon be turning 24. She never got to see me finally get my driver's license. Find out which college I ended up attending or watch me graduate high school. She'll never be able to celebrate my now college graduation in December. And she'll never get to meet my future children. These are milestones I always imagined she would be a part of. Just as she had been throughout my childhood. And what hurts most is knowing that she deserved to be there for all of them. And all of those moments, so many more, were taken from her. She was more than a name attached to a tragedy. She was a daughter, a sister, a mother, an aunt, and a person who deserved the opportunity to live the rest of her life. One of the most painful parts of these past few years has been watching what this has done to my family. At every family gathering, there is always someone missing. Auntie Maya's laughter is no longer heard at family parties. Her smiling face is absent from my family photos. And we no longer hear her singing hopelessly devoted to you by Olivia Newton-John during karaoke. Her absence is felt in both the biggest celebrations and the smallest moments. And it's a constant reminder that our family will never be whole in quite the same way again. I've watched the toll this has taken on my family over the past few years. My mom lost her youngest sister, someone she was supposed to grow old with. And I've watched both her and my stepdad dedicate years of their lives to searching for her and fighting for justice. But perhaps one of the most heartbreaking things has been watching my grandparents grieve the loss of their daughter. No parent should ever have to outlive their children. It's difficult to explain what it feels like to watch the people who raised you experience this kind of heartbreak. Knowing there is nothing you can do to take that pain away. On July 9th of this year, we finally received the guilty verdict that our family has been waiting so long to hear. But even with that verdict, there is still a part of this nightmare that has not ended. Because we still don't know where Auntie Maya is. My family has spent nearly six years searching for someone we love. And we still haven't been given the chance to bring her home, to lay her to rest, or to say goodbye. I think that is one of the cruelest parts of what has happened. Not only was my aunt's life taken from her, but our family has also been deprived of the most basic dignity of being able to put her to rest. I know that no sentence imposed today will bring Auntie Maya back. It won't erase the past six years, restore the childhood of her children who deserve to have a life with their mother, or undo the grief my family has endured. But accountability matters. I ask that the sentence reflect not only the severity of the crime, but also the permanent devastation it has caused to people who loved her. Because although this case may eventually come to an end in the courtroom, its impact on our family will last for the rest of our lives. And above all, I hope that one day, we can finally bring Auntie Maya home. Thank you.
[00:29:52] Speaker ?: Jennifer.
[00:29:59] Speaker 3: This is Jennifer Tabalonza, Maya's sister.
[00:30:02] Speaker 8: Good afternoon, everyone. My name is Jennifer. I am JP's wife, Maya's sister-in-law. So, J-E-N-N-I-F-E-R-T-A-B-A-L-A-N-Z-A. Since Maya disappeared on January 7, 2021, our family has never been the same. Our absence has created the pain that we really cannot put into words. So, every holiday, birthday, family gathering, an ordinary day has been affected by the uncertainty, grief, and heartbreak not having Maya with us. Maya is not just a name in the case. She is a daughter, she was a daughter, a sister, a mother, a friend, and valued member of our family. I am fortunate now that I work in Swarmack, and I have spoken with colleagues who knew her. They describe her as an excellent worker, a dependable employee, and a well-respected colleague. Maya was not only loved by her family and friends, but also by those who had the privilege of working alongside her. With Maya missing, the most heartbreaking part of this all is that her children are growing up without their mother's presence, guidance, and love. The family has carried the weight of unanswered questions, grief, and loss for years now. Maya's disappearance changed our lives permanently. It took away the peace, the normalcy our family once had. We continue to feel the impact emotionally, mentally, and financially. There is no way to measure the loss we have suffered or the pain Maya's children and loved ones will continue to carry. During the first few months that Maya disappeared, JP and I argued about you, Larry. I was on your side the first time. I told JP that I did not believe that you can do these things to Maya. I believed that you loved Maya so much to hurt her. You took at me in the eye and you assured me, both in person and in text messages, that you could never do this. I remember Teya's birthday, November 7, 2020, garage at James' house. We had a long conversation about life, love, family, career, cars, and everything. And on the day that she was missing, you speak to us, you showed your iPhone 3, you showed us the screen, you showed that there was no scratches. And you thought that you could never do it in any way. When your parents used to text messages, they also assured me that you were innocent. So I believed in you, Larry. I gave you the benefit of the doubt. But after the vigils, the annual gatherings for Maya, the rallies, searches, and the efforts of all the family searching for her, and all the evidences presented in the court shattered that belief. I now understand the lasting harm your actions have caused Maya's children to the family and to everyone who loved her. No sentence can bring Maya back or erase the suffering our family has endured. I asked the court, consider the profound and lasting impact this had on all of us when imposing sentence. Maya deserves justice. Her children, Lazarus, please strength, Maylani, and Lara, deserves justice. Papa and Mama deserve justice. Everybody deserves justice. So thank you, Your Honor, for allowing me to speak on behalf of Maya and the family. Thank you.
[00:34:51] Speaker 3: My name is Michael Tabalonza. She's a minor. So if we can not show her face. She's going to be reading an impact statement for her father, JR.
[00:35:06] Speaker 9: Good afternoon, Your Honor. My name is Michael Tabalonza. M-I-K-A-H-T-A-B-A-L-A-N-Z-A. And I read this on behalf of my father, JR Tabalonza. J-A-Y-R-T-A-B-A-L-A-N-Z-A. Younger brother of Maya Maylani. This has been incredibly difficult and painful physically and emotionally for me and my family every day. Many sleepless nights. Many tears shed every time I see Maya's picture. Many hours of searching for her. Knowing my sister, Maya's life was taken by the hands of someone she loved and someone we trusted is disheartening and very hard to accept. Although this trial has been a very long and difficult process, I am thankful that we have finally come to what I'm praying for to be the end of this difficult time of our lives. So today, Your Honor, I ask this court to give Maya the justice she deserves and the only acceptable justice for me. Please give our family the assurance that Larry will never walk out of prison or even have the chance to. I humbly ask you, Your Honor, to give Larry a life sentence without any possibility of parole. We cannot allow this unstable person to be out in public and commit another horrific crime such as this. Thank you.
[00:36:32] Speaker 10: Okay, and next I think Mike have a long fun.
[00:36:44] Speaker ?: Hello, Your Honor. My name is Michael Tabalanza.
[00:36:46] Speaker 11: Hello, Your Honor. My name is Michael Tabalanza.
[00:37:14] Speaker 3: M-I-C-H-A-E-L-T-A-V-A. Hello, Your Honor. Thank you for allowing me to speak. I'm going to be reading this letter, Christy Bowles, on behalf of Michael Tabalanza. My name is Michael Tabalanza, the fourth child of my parents and the big brother of Maya, and a big brother who is supposed to protect their siblings. I'm not good at speaking in public and writing, but this is what I feel and think, and I'm sorry if I might say some bad or curse words, and I will try to avoid that. I won't feel bad or sorry for whatever happens to him, Larry, but I feel sorry for the kiddos on what they are going to miss. I won't be missing him at all. But let me tell him something that he is going to miss and something Maya also won't be able to see or do. When Laura turns 18, she will miss her father and daughter dance because, as we Filipinos celebrate 18 year birthdays, as we call it a debut. And if she ever gets married, she will miss her parents walking her down the aisle. But we will be there. When Maylani turns 18, Maylani will miss the father and daughter dance on her 18th birthday, just like Laura. And if Maylani ever gets married, she will miss her parents walking her down the aisle, just like Laura will miss it. But we, her uncles and aunts, will fill those shoes for them. We will make the best of it just the way Mayl wanted it. And for Lazarus, he will miss his parents when he turns 21. Knowing he already calls Richard a dad, I won't be surprised if he changes his last name to Juliet. But we, their family, will be there for them, to guide them and give them advice, and they will live their lives to the fullest. They will achieve the dream that their mom wanted them to be. Two strong, beautiful women, and a man that no one can hold back to reach for their dreams. We will be there to guide them. These are the things Maya wanted to witness, but Larry took that away from Maya. I won't even say what it's gonna, what he's going to miss with his parents while in jail. He told our sister Mari, Chris, and Richard to go and get famous while Maya is missing. But I think you're the most famous person in Chula Vista right now because of what you did to Maya. Jesus was judged by the people, and he gave his life to save us. And you were judged by 12 people on what you did to Maya. And I will still pray for your soul to be saved by God, even though you already said you are ready to sell your soul to the devil. People didn't judge you, you already judged yourself for what you did to Maya on the night of January 7th, 2021. May you find peace in your heart and tell us where Maya is so we can finally, finally after more than five years, bring Maya home. And to hear her final voice on the video screaming out of her lungs saying, "Why are you doing this, Larry?" Those are the last words that will be stuck in my head through all these years. Be safe while in jail. And to Larry, you're a heartless jerk in my eyes for taking advantage for Maya's kindness of a woman that she is. It's been a heartache for almost six years, but this is not about me. This is all about Maya, her family and her kids. Maya was given to us by mom and dad. Maya was cared for and protected by her family for 18 years. I still remember the day Larry's family came to our place at Salt Lake City in Hawaii, asking for her hand in marriage. I remember our dad came down outside and I asked him what's going on. And he told me they're here asking for Maya's hand. "Knowing she's a smart one, I didn't say anything. I know she's a tough one because she has the tabulons of blood in her. We let her go." 20 years later, I couldn't have imagined that this would happen. He promised her that he would protect her, but not to keep her hidden from us forever. He's the only person that knows where she is at. And he doesn't have the right to take her and hide her from this world and from us. If he ever gets a chance to be paroled, he should have to admit where he hid her body and where Maya is at so we can finally rest and stop all the tears every time we think of her and where she's at. My hiking shoes are always ready to search since January 10th, 2021.
[00:41:48] Speaker 12: We are a family of six siblings, three boys and three girls. Three names starts with J, that's JP, Jane, and JR. And three names that starts with May, M, Mary Chris, Michael, and May. We were not born with golden spoon in our mouth. My mom barely speaks English. My dad speaks broken English. Yet, I may say, we all are successful in life, having each one with a wonderful family and a stable job. We all are trying our best to live in faith and love with fear of God. We were all raised to be respectful and to care for each other as a family. We all started in Hawaii and slowly moved our way and settled in California. All six of us followed each other and lived closely with each other. Most life events, holidays, birthdays, and every success we have, we celebrate as a family. Tammy, as what we call my youngest sister, is a kind-hearted, smart, and generous person. She likes to help in any way she can. Larry, I'm sure you remember this. She and her daughters filled up a backpack filled with school supplies and gave them to the school in your province in the Philippines when you guys went back home. She wanted to show the girls about giving and helping other people. And she said she would love to do this again. She loved life. She loved her children. She loved my mom and dad. As her siblings, her nieces, and nephews. She has so much dreams in her for her and her children. You were in the picture. You were her love of her life. You were Larry at 18 years of age. Said yes to be with in sickness and in half. But that doesn't mean you have to take her life to say till death do us part. You were once her mahal. You were happy together. But everything went crashing down because of your controlling, selfish behavior. She finally had the strength to stand up against your obsessive, controlling, paranoid, increasingly abusive behavior. My sister Maya went missing when my youngest daughter is only 18 months old. Today, she turns eight. My sister Maya missed so much time from her precious niece. My daughter did not have enough time spent with her Auntie Maya. But she knows that her auntie Maya loves her. I miss my sister calling me "Mang Jane." I miss our stories about how we were when we were kids. Playing at the farm, being chased by a caravan, and climbing up on a tree full of ants. I miss her laughs, her singing. Larry, you took it all away from us. Five siblings and a dozen nieces and nephews miss her. My parents, who are fragile and old, miss her so much. Her children need their mom. You took away from them. In this battle, Larry, you did not lose. Neither did we. It was Maya's children. It is Maya's children, Lara, May, Maylani, and Lazarus, that lost the chance to have a mother. You don't deserve to be called their dad. You don't deserve to be free because you kept our sister Maya a prisoner. My sister Maya needs justice. You can lie and pretend all you want that my sister left. But deep down inside you, you know what happened to her. You know what you did. So I asked the court, the parole officers, whenever you open up this case and review it, please remember, he took my sister away from us. Larry, Milietta, took Clara, May, Maylani, and Lazarus, Tristan, a chance to feel how to be loved and cared for by their mother. Thank you.
[00:46:24] Speaker ?: Thank you. Next is Richard.
[00:46:24] Speaker 12: Thank you.
[00:46:25] Speaker ?: Next is Richard. Thank you. Thank you, your honor for this time that we have. He gave us to speak in behalf of Maya. Thank you, your honor for this time that we have given us to speak in behalf of Maya. Thank you. Thank you, your honor for this time that we have given us to speak in behalf of Maya. Thank you. Thank you. Thank you, your honor for this time that we have given us to speak in behalf of Maya. I'm Maya's brother-in-law.
[00:46:41] Speaker 3: I'm my brother-in-law. I'm married to Mary Chris, her oldest sister.
[00:46:47] Speaker ?: And I'm my brother-in-law. And I'm my brother-in-law.
[00:46:51] Speaker 13: I'm my brother-in-law. I'm married to Mary Chris, her oldest sister. And I'm my brother-in-law.
[00:46:59] Speaker ?: And I'm my brother-in-law. And I'm my brother-in-law. And I'm my brother-in-law.
[00:47:03] Speaker 13: And I'm married to Mary Chris, her oldest sister. My name is R-I-C-H-A-R-D. Last name is Jerele. The S-M-D-V-I-R-O-U-A-I-L-L-E-T.
[00:47:22] Speaker ?: Man.
[00:47:24] Speaker 13: I really don't know exactly what to say, but that hasn't been said already. I would just... I would like to say to Larry, I would like to encourage him to seek God. Seek forgiveness for what you have done. Lucky for us, we have a loving God that's willing to forgive us. Even though, as humans, it's impossible to forgive someone, sometimes. The devil has taken everything from you. I'm saddened. When I knew you, when we would hang out, I see that you had almost everything a man could want. A beautiful family. A beautiful house. A beautiful wife. You guys were young. You guys were healthy. You guys were successful. In my eyes, at least. That's the way I saw you. But now you have nothing. Nothing to look forward to. But a jail cell. For the rest of your life. All because you decided to commit murder. You couldn't let her go. And the only way she could live or only you was by committing murder and controlling her that way. I hope you find God in jail. And then maybe one day you'll have spiritual freedom. And then maybe one day you'll have the balls to speak the truth for once. And let Maya's family, the peace that they desperately deserve in bringing her home to her kids. So that they have a place to visit her whenever they need their mom's guidance. Maya's memories will live forever. In our hearts. In our minds. The only memory we'll have of you. Is the memory of a man who murdered his wife. The devil has you in his grip. But only God can release that grip. So seek him. Before it's too late. And the devil takes your soul. Maya's laughter. Her music. Her smile. Will continue living through her daughter's smile. Through her daughter's laughter. Her son's talented skills. Things you're gonna miss. I feel sad for you. I feel really, really sad for you. You weren't there. To see. Lazarus. It's a home run. The joy that he had. As he was running to first and second base. Cheering. And when he gets to your home plate. His whole team cheers for him. Those are moments of father should live. Not an uncle. Not a family member. The talent. That your daughter.
[00:50:55] Speaker ?: Lara.
[00:50:55] Speaker 13: Mayla. Has from their mother. Their music. Their voices. It's so beautiful. You'll never witness that again. So I repeat myself. Seek God. And speak the truth. And speak the truth.
[00:51:28] Speaker 3: Thanks. Next is Genesis Pablon. My sister and I.
[00:51:44] Speaker 10: Good afternoon. My name is Genesis Tabalanza. G-E-N-E-S-I-S. Tabalanza. T-A-B-A-L-A-N-C-A.
[00:51:53] Speaker ?: Your Honor.
[00:51:55] Speaker 10: I stand before the court today. To express the devastating impact. That the criminal actions of Larry Mujete. Have had on my life. And on our family. As much as I want to say. That I am standing strong. The reality. Is that. I am living in constant. Anxiety. To this day. I am hunted by thoughts. Of what I could have done. To stop this tragedy. How I can possibly mend. My family's pain. And where May is. Every single day. The unbearable grief. In those I love. I see my husband's agony. Over missing his sister. My daughter's heartbreak. Over missing her aunt. And my mother-in-law. And father-in-law. Enduring the unimaginable pain. Of losing their daughter. It is an agony. That words. Cannot fully capture. A grief. We cannot even begin. To properly process. Because we do not have May's body. We cannot lay her to rest. And we cannot properly mourn. Because we have not pumped her.
[00:53:12] Speaker ?: And Larry.
[00:53:14] Speaker 10: Knowing that you hold the answer. We maintain control. By keeping her location from us. While watching us suffer.
[00:53:23] Speaker ?: Is our cruelty. Beyond measure. Larry.
[00:53:26] Speaker 10: I listen to you. I pray for you. I genuinely believe. I was doing the right thing. By trying to help you. And May reconcile. Learning the hard way. That you lied. And manipulated everyone around you. About wanting to save your marriage. Has been devastating. It hurts deeply. To know that while I believe. You are acting in good faith. You are planning harm against your family.
[00:53:53] Speaker ?: You failed.
[00:53:54] Speaker 10: To even consider your children. Who are now forced to grow up. Without both a mother and a father. It is not too late to do what is right. You can still tell us what may is. Do this for your children. So they can finally have peace. The peace of knowing that their mother never abandoned them. This time has offered our lives forever. When we gather for birthdays and holidays. We carry an overwhelming void. Because may is missing. The heavy silence. And the profound sorrow. In my husband's eyes. And across our entire family. Are always present. And I respectfully ask this court. To impose. To pull this sentence possible. And hold Darimo Yeti. Completely accountable. For the devastating crimes. He committed.
[00:54:47] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
[00:55:19] Speaker 14: Thank you. Thank you. Thank you. Good afternoon everybody. My name is Mary Chris Trillet. That's a. N-A-R-I-C-R-I-S. I'm Trillet. D-R-O-U-A-I-L-L-E-T.
[00:55:35] Speaker ?: I'm Maya's.
[00:55:37] Speaker 14: Older sister. Your Honor. Five years. And nine months. Of waiting for justice. For my sister's disappearance. Has felt like. Forever. For all those years. My family and I lived. With questions. Fear. And uncertainty. We kept hoping Maya would come home. While trying to prepare ourselves. For the possibility. That she will not. That kind of waiting. Changes you. It follows you through. Every day. Every family gathering. Every birthday. Every holiday. The night I reported Maya missing. I already suspected Larry. But I refused to accept it. When Maya didn't come home. Home for Lara's birthday. I knew something terrible. Had happened. Still. I tried not to believe Larry. Had anything to do. With her being gone. A few days later. I spoke with him. That conversation. Left me feeling that. He had already moved on. I knew. My sister wasn't coming back. I wanted to believe I was wrong. I wanted to believe. There was an explanation. And that my sister Maya. Was somewhere safe. For years. We did not know what happened to my sister. We had no answers. No place to visit. No way to say goodbye. Every lead brought a little hope. And every time it led nowhere. That was. That hope was crushed again. We searched. We asked questions. We followed leads. And pleaded with people. To help us. Find my sister. We spent so much of ourselves. Trying to bring her home. Even when we were exhausted. We kept going. Because we could not give up. On Maya. I quit my job. And dedicated 16 months of my life. Searching for my sister. To bring her home. To seek justice. And to be her voice. I never thought of myself as a leader. But I became one. Because someone had to organize the searches. The prayer visuals. The prayer walk. The prayer hikes. The Zoom prayers. The rallies that we had done. I stood in front of news cameras. And pleaded with the public. To help us find my sister. Mya was a favorite. Among the six of us siblings. She was the brightest one. She brought so much life. Into our family. I still ask myself. How could Larry. Take her away from all of us. Especially from her children.
[00:58:56] Speaker ?: Larry's actions.
[00:58:58] Speaker 14: Did not. Take only Maya from us.
[00:59:00] Speaker ?: They changed the lives of her children.
[00:59:01] Speaker 14: And everyone who loved her. Her children. Have had to grow up without their mother. I became their guardian. And have tried to give them stability. Support. And love. While carrying my own grief. I have to answer their questions. Make decisions. And help them through milestones. Maya should have been there. To share. I cannot replace their mother. I cannot give them back. The years. That they should have had.
[00:59:34] Speaker ?: With her.
[00:59:34] Speaker 14: They have been robbed of the life. They could have. With their mother. They lost her guidance. Her comfort. Her presence at school. Events and celebrations. been robbed of the life they could have with their mother. They lost her guidance, her comfort, her presence at school, events and celebrations. They have birthdays and holidays without her, and they have missed the chance to make more memories with her as they grew up. No one can ever replace their mother. She was loving and caring, and they deserve to have her there for them. Our parents have suffered. My siblings and their families have suffered. Our extended family has suffered. We have all had to live with the shock of Maya's disappearance, the long years of uncertainty, and the heartbreak of learning that she was murdered. We have carried sadness, anger, fear and grief. We have watched important family moments pass with Maya missing from them. There is an empty place at every gathering, and there always will be. The surge consumed years of our lives. It took time away from work, from our children, from rest, and from the future we thought our family would have. It cost us financially and emotionally. We kept going because Maya was worth every effort, every sacrifice, and every plea for help. We would have kept searching for as long as it took. I cannot understand how far Larry went to make Maya's life miserable. He used spellcasters. He emailed her supervisors because he wanted her to lose her job. He made the children believe their mother wasn't a good mother. He left them with memories of her during some of her worst days of her life, when she was struggling to get away from him. I wish I could have protected her from all of it. But nothing compares to what Maya endured in that relationship, and Larry's parents especially, his mother. To me, she was a true definition of a monster in love. Maya deserved to be treated with kindness and respect. She deserved to feel safe and supported. Instead, she suffered and our family has had to live with the consequences of that suffering and her loss. This has been especially hard because we were fighting against our own family. Larry is a family. Family is supposed to protect one another, not hurt one another. It is difficult to comprehend that someone we considered family could hurt someone we love so deeply. We did not only hurt Maya. Larry did not only hurt Maya. He hurt and wronged our entire Tabalaza family. The court proceedings seemed endless. Each delay meant more waiting, uncertainty and pain. I never imagined it would take this long, five years, six months, to get a verdict. And to finally learn the truth about what happened to my sister. And who was responsible for taking her from us. The Jewish verdict gave us accountability and confirmed the truth. But it did not undo the years of suffering. It did not bring Maya back. It did not give her children their mother. Or give us back the time we lost searching and waiting. I always feel the heartache of her absence. And I miss her so much. I still think of the life she should be living and the moments we should be sharing. But the truth always comes out. For years, we carried questions and suspicions. And we waited for the truth to be heard. Through this trial, the truth came out. And the jury returned its verdict. That cannot give us Maya back. But it matters. It tells us that Maya's life mattered. That what happened to her mattered. And that our family's search for justice was not in vain. When I filed guardianship of Lara, Melani, and Lazarus. I did not understand everything that guardianship would involve. I only wanted them to have therapy to help them through their trauma. And to grow up the way their mother would have wanted. I wanted to give them a safe and loving home. And help them keep moving forward. Help them keep moving forward. While making sure they never forget how much their mother loved them. These children are amazing. And I am so, so proud of them. I see Maya in each of them. They are thriving even though their lives change completely. And I truly admire their resilience. They are really good kids. They have faced more than children should have ever have faced. And I am grateful that I get to raise them and be there for them. Sometimes it feels like raising my sister again. The way we started out in Hawaii after coming from the Philippines. When Maya was in high school and she earned an A in her class. An A in a class. I will reward her with money. About 20 dollars. Every A. Now I do the same for Laura, Melani and Lazarus. Those little things help me feel connected to Maya. And I hope they help the children feel connected to her too. My faith has helped me carry this pain. Our Lord knows what Larry has done. I hope Larry will repent for his sins. And truly reflect on the harm he has caused. I hope he finds peace. And I hope that peace brings him to a change of heart. Tell us where my sister is. And help bring her home. So we can lay her to rest. That is what we are still waiting for. Maya deserves to come home. Larry, Melani and Lazarus deserve to know where their mother is. Our family deserves a chance to bring her home and say goodbye. We hope that one day, after all this pain, our family can find some peace again. Not because we have forgotten Maya. But because we have finally been able to bring her home and honor her memory. I asked the court to recognize the lasting crime this crime has at court. Had caused not only the loss of Maya's life, but the years of suffering we had endured. By her children, our parents, my siblings, and our whole Tabo Lanza family, including her friends and those that love her and know her. We have waited a long time for justice. I asked the court to impose the sentence allowed by Lo. And to acknowledge the full weight of what Larry took from all of us. Thank you, your honor.
[01:08:14] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
[01:11:44] Speaker 9: Thank you.
[01:12:14] Speaker 15: Thank you. This disappearance has infected me these past few years, and I am very appreciative to have been given this opportunity. To begin, honestly, I love both my mother and father very deeply. The day as I cried into my mother's arms, the days I cried into my mother's arms when I got hurt and didn't get what I wanted, the days I thought from Laura's birthday we were going to have the best time at Big Bear like years before. And all of a sudden, all of a sudden, we were in the day, and all of a sudden, and all of a sudden, my mother was there for me to cry to, and all of a sudden, my mother wasn't there for me to cry to anymore, and police officers were coming in and out of my house constantly. And all of a sudden, everything was moving in and out of my mind, and all of a sudden, and all of a sudden, and all of a sudden, I knew things weren't a laughing matter anymore. I know everybody knew my mother and saw her through different perspectives, having her as an aunt, sister, and friend. But I saw and knew her as the only mother I have in my life. And with the time that I did have her, she was amazing and kind. She was sweet to me and spoiled me, too. We went on hikes together. She got me and my sister the cutest matching outfits. On Christmas, she gave us expensive presents and filled our stockings with a bunch of candy and, for some reason, pencils. Sleeping in the garage because me and my siblings wanted to camp, but not actually leave the house. Nevertheless, she was probably the present I never knew I'd lose. While I haven't seen her in years, only in photos I still hold on to, I see her in my sister's mannerisms. Her intelligence, artisticness, characteristics, and love for music. It makes me feel like she's still with me and lives through her. We still sit and play guitar in our rooms together while singing and reminiscing the times it was three of us, not just two. I'm glad we were the people she chose to experience her around the world trip to, to Rome, Paris, Italy, Barcelona, and more. I still look at others with envy. At times, I wish she was still here to take me on trips and see me grow up. See my milestones, like watch me graduate middle school and high school and on my birthdays. But still, with my father, he was awesome to me and my siblings. Regardless of anything, he was a person I would never regret having in my life. The trips to Disney, SeaWorld, Legoland, and shopping screens, even though I didn't know anything about shopping and money, will forever be memories I will never forget and always hold close to my heart. Remembering this, I knew our family trips were never going to be the same again. Deep down, I knew my dad was trying to shield me and my siblings from everything going on with trips to the beach and late night snacking. And going to the park whenever we wanted on our e-bikes and stuff. Taking this all into account, it's so hard to believe that my dad, who has taught me everything I know, could have done something like this to me and the rest of my family. I'll forever keep loving him, though. Because even if people see him as a bad person, he will never be seen as a bad father in my eyes. One, four, three, six, three, seven. Because he's the only parent I have left in this world. In spite of trying to shield me and my sisters from everything, he couldn't do it for long. As he was soon taken to jail. And from that moment on, the only one that was left to carry the burdens, which then left behind, was my sister. Every interrogation together, she talked first to open up a path for my little brother and me so he wouldn't be scared, even though I knew she wasn't any less scared than I was. Seeing her handle paperwork and take care of us so we would at least have some sort of parental figure was disheartening. That was also when I started to feel as if everybody was looking at us differently now. Some of us looking at them to give them answers and guidance to our mother. Others with looks of sympathy and care. Detectives and police officers would often pull us to a room and interrogate us for what to me felt like hours of telling them the same story over and over again, as if they were hoping my answer would change. I always felt disappointed at myself for never being able to give anybody closure, even if I didn't have any of my own. Pulling me out of school and classes without me knowing who I might see and who I would have to talk to next, which I hope anybody could imagine how nerve-wracking that was for an elementary school child. I never liked the looks of my own classmates watching me get pulled in and out of class. I will always remember the feeling, the stares, and all the murmuring behind it. Even with all that, also came the searches. I'm not exactly how many times they happened. I just knew I was overwhelmed every time they did come around. I know they tried to cover it up by playing hide-and-seek with us in the backyard, but after all was done and they got what they wanted, they left me and my family to clean up what was left behind. At that age, I hated cleaning, but the hours and hours of cleaning just to try to make our house look like a home again was heartbreaking for me. Me and my sister cleaning glass off the floor, trying to rebuild whatever was left of the little jar of nice coins I had left on my shelf. The combinations of both questionings and searches were exhausting for a child as young as I was. As time went by, agonizingly slow, when everything seemed to have died down more, and I thought I would maybe get a break, I got the text saying that my grandparents had lost the four-year-long case and that we were moving. Now that it's mentioned, the custody case, truthfully, was also very tiresome. Other than having to talk to different people, like child psychologists and therapists, asking how I would be if I were to live here or there, I never truly had a good break. Next thing I knew, all my stuff was packed into boxes and dragged outside of the home I had lived in for so long and had so many cherished memories in. I didn't sleep those nights. I stayed up wondering what life would have been like if none of it was taken from me. If I could have more time with my mom and truly experience what she was like as a person, see what she would think of me now, if she'd be proud of my sports and academics, maybe even reward me too, like she always did with candy. I still feel a pit in my throat every time somebody asks me when my parents are picking me up or what do your parents do for work, knowing I was too young to get to know them any further, to know stuff like that, and much too late to try. In addition to this, my little brother Lazarus didn't even get much time at all. While he did come on the spontaneous trips, he barely remembers them and mostly remembers the time after we lost our parents. With that being said, with everything that has happened these past years, it has only been one question that has been eating away at me and others. Where is my mom? I think if I could get that bit of closure, I would finally be able to leave all of this in the past and live my life without a heaviness in my chest. To the court, I thank all of you for sitting and listening to me go on and giving me and my sister the chance to speak our minds after these years of silence.
[01:20:55] Speaker 16: Good afternoon, Your Honor. My name is Laura Miliete, L-A-R-A-M-I-L-L-E-T-E. I speak before you today in painful complexity. In a situation enveloped in as much grief as this one, I find myself and my siblings to be stuck in a very complicated position. I am a daughter of the victim, my Miliete, while simultaneously being a daughter of the defendant, their Miliete. My reason for even writing this statement is to voice the grief and trauma that this situation has brought to my life and to those around me and also take some control over how my story is told. For so long, my opinions, my perspectives, my feelings, and even sometimes my own sanity has been told secondhand to be analyzed and picked apart. At least now, I am able to face this situation head on, and by being here, I can finally let a situation that has been active for so long settle down. Similarly to my sister's statement, I want to bring light to the circumstances that we were forced to live in after her disappearance. To really understand the life that had been taken from me, I'd like to remember some of my favorite memories with my mother. There isn't really a day that goes by where I don't imagine the life I would have led still having her in my life. And even now, I still find myself reminiscing on what little I can remember, considering I've lost any access to the pictures that keep those memories alive. Nevertheless, I can still remember the feelings that are tied to the vague images that play in my head. When I feel as if I'm losing the sound of her voice, I watch the video she posted on YouTube to remind myself. And sometimes I can still remember how she sounded, singing me to sleep when my mind wouldn't shut off. I remember when I play guitar and sing along, either by myself or with my sister, or when I play piano, even if it's not the grand piano we used to play duets on. And when I feel like I'm forgetting her features, I allow myself to look at the old photos I do have. And occasionally, I can find her most beautiful features that were sculpted and reborn into my sister's face. I'm grateful for all the memories she was able to give to me, allowing us experiences most kids our age would dream about. Traveling all over the world and doing so much living in the earliest years of our lives shaped me and the way I want to live. Our trips across Europe and Asia, our off-roading trips in the Jeeps, spontaneous trips to the snow on a school day all helped me see the most beautiful things in life, and the way that she loved life raised my own standard of living. She made every holiday something to remember, giving us everything we could possibly think of on Christmas Day, while also making sure we understood how lucky we were to have what we did by hosting donation events for children in the Philippines, spoiling us, but making sure we wouldn't turn out rotten. Thinking about the loss of her presence at every one of my future milestones makes my chest heavy. My first games, my promotions, future events like homecoming and prom, my debut, my graduation. It's all something that I will not see her attend. Thinking about the loss of her, knowing that even now I strive to be as good as I can be in everything that I can grasp. I imagine how she'd react, how proud she'd be, even how she'd have rewarded me for accomplishments, and how she'd push me to do more. Losing the guidance of her steady navigation through life is a weight I will unfortunately have to carry for the rest of my life. However, we continue to live on doing the things I believe she would have pushed me to do, taking every opportunity that could lead to another adventure, and doing so with as much excitement and wonder that she would. Though her disappearance was as sudden and as unexpected as it could be for a child with her birthday celebration just out of her reach, life afterwards made it extremely hard to save a lease, to process the grief of losing someone so significant in such a manner that in hindsight, I wasn't able to find peace and acceptance for years, all while having to deal with the ongoing challenges of life. For a while, it wasn't too terrible, not to undermine the severity of the situation, but we were shielded by my father, who wanted to protect us from the overbearingness that was the law enforcement and legal processes which took over these parts of my life. Those months we spent surviving together tightened our bond unimaginably, just for him to be taken away as well. Even with the stresses of house searches destroying so much of what we owned, confiscation of things we had just fought, never-ending questions and retelling of the same story I wanted so much not to think about, my father made sure to keep our spirits up by having as much fun as we could in the time that we had, not knowing it was limited. Seemingly never-ending trips and adventures, spontaneous night drives to the beach where me and my sister would still get into the ice-cold water, sea world from opening times to closing, going on every single ride possible, or maybe even right after a long school day. Those experiences will always be kept close to my heart. So, while I feel the complicated pain of knowing as a person what he did was unimaginable, and as a human being, unforgivable, as his daughter, I cannot stop loving him, for he is the only parent that we have left, and the last living peace that keeps my memory of those times alive and vivid. Being made out to lose him, having him cheer me on in my future, knowing he is just out of reach, also hurts me in a way nothing else can. It's too much to ask of me to pick sides when I have so much love in my heart for both of them. Still, the ache in my heart lingers and strengthens, knowing what we lost. After all these years without a single glimpse at each other, without a true conversation, I hope that at least one day those conversations won't be confined to such boundaries, one-sided and of such little occurrence. I grieve extra for my little brother, Lazarus, knowing that even though he was able to share some of the memories we made, he was too young to fully experience the childhood me and my sister were blessed to have, and was too young to have to go through what we lost. While I know that these types of trauma could not possibly be put on a scale and asked to be compared, my experiences with law enforcement and other professionals involved in this case are some of the most memorable, with long-lasting consequences after the losses of my parents, of course. I still feel a pit in my stomach and a pain in my throat each time they get called up to the school office. Not because I had done anything wrong, but because in sixth grade I had gone to the principal's office only to be taken by officers to a facility where we were held without food or explanation, and given a golden retriever and toys in hopes for our cooperation. I still struggle with truly opening up about my feelings after spending so long, knowing anything I said would be more than likely used somehow, so I opted for silence. I still feel uneasy every time I lock my door, because when I was ten I had locked it and then fallen asleep, so I awoke to the sound of my door being broken down by authorities, half-conscious and scared, while my room was being flooded by people in uniform, only for them to have a few questions to ask. I won't ever forget the fear and restlessness that these events had brought to me every day for years. Even now, I still struggle to shed the dread that lingers in my head when life begins to settle down, because there's always something else to worry about. Needing to be strong for my siblings, for my family, made it difficult to ask for help. Needing to be a role model whose shoulder could be cried on, with a shell I built to be so unbreakable that I hardly let anyone see me cry, made it hard to allow myself to feel the full extent of our loss. And at the same time, I had to keep getting through life without the guidance of my parents. I had to know what was going on, so my siblings wouldn't have to worry so much about anything, so I could try and feel the role that was left behind in their absence. After all, we would only have each other. I'm grateful for how close that made us, especially when our lives flipped completely, having moved from Chilavis to Moreno Valley. It was in those times when I truly felt completely alone, save for the accompaniment of my little siblings, for whom I felt responsible for. I can only hope that even in the times where I had no idea what to do, they always felt like they could come to me for help, all while trying to figure out how and why I should keep moving forward. I'm hoping that through this statement, the hold that this situation has had on me and others for so many years will finally loosen. While it has had an incredibly significant impact in the way my life turned out, who I've come to be, and will always be an ache I live with, I've learned through constant re-evaluation with myself, hours or even days' worth of wondering and trying to find meaning and purpose in the midst of all the chaos that was my reality, that the best thing I can do for my sake and for those around me is to keep moving forward despite it all, and to help sew up the scars that have been cut open again and again each time we remember our losses. I can't help but ask the one mystery that remains, one you cannot convince me to form a solid opinion on. I must ask about the whereabouts of my mother. That final piece of information would bring peace to our entire family and finally give us a little bit of closure to this mess. I wrote this in a tongue together, the thoughts and emotions that have built up in me all these years, and to finally have a bit of closure by telling them, even though an entire library worth of writing likely would be insufficient for describing every single complicated aspect of my perspective. I'd like to thank you for allowing me this moment to share my words after so much silence and giving me the opportunity to be heard. My final wish would be for my mother to be remembered as the person she was. She was so much more than a case, a statistic, another story to be entertained. She was my mother, and she was a person, and she meant so much to so many people. And I must ask the court to also allow me to maintain that connection with my remaining client.
[01:31:34] Speaker 3: So it's all about the picking and casting, but we have a black video to be played, so this is off the field.
[01:31:52] Speaker 17: Yes, go ahead. Yes, go ahead.
[01:32:09] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
[01:35:53] Speaker 17: Can we connect that HDMI cord back to where it was? Oh. I'll be honest with you. I don't think anybody on teams could hear anything because we disconnected that, but that's okay. Go ahead.
[01:36:12] Speaker 3: My assistant is going to help me.
[01:36:19] Speaker 17: What happens here is more important, right?
[01:36:24] Speaker 3: So, your honor, there's not much more I can say to add to the victim impact statements. I think it's clear this has been a tragedy in every respect, so much loss. I think my sentencing brief, I did point out a few additional facts for the court's consideration. I know the defense brief mentioned that the defendant was fully cooperative with law enforcement, but I think it's important to note that to this day there are things that are still hidden. There is a gun that he never relinquished and that some of those searches were done because he refused to fully cooperate and provide all of his firearms. There were a multitude of protective order violations and attempts to subvert the court's orders. As I said, his refusal to give up his guns led to a search warrant particularly for that. He refused to allow his children to be interviewed in a forensic setting, which would have been a safer, quieter environment to speak to them. And that led to a very unique and extreme step of having to get an investigative search warrant. All of those attempts were to try to, done in a way to try to protect the children. But a lot of additional trauma occurred because of the defendant's choices. His refusal to let them be around their cousins, who had been a source of support for their entire lives. He demonized her side of the family, completely unfairly. After the arraignment, Mary Chris sobbed because of the fact that this man, the defendant, had been part of their family since he was 18 years old. This was no victory for them. He kept, but regardless, he continued the narrative that her side of the family was responsible for his being in jail. He kept his children from being able to experience the love and support during a time they needed most from her side of the family. And more importantly, and most damaging of all, he's hidden their mother away from them. All of them, there can be no closure until they can say goodbye to their mother, their sister, daughter, aunt, colleague, and friend. May Millette had been planning to divorce the defendant, and she was afraid of what he would do, that he would react with violence when she told him. She was concerned at every turn for the well-being of her children. She was fearful of how divorce would affect them, but also that the defendant might hurt them to hurt her. Every decision she made was with her children in mind, and we know what was going on in her head because she contemplated leaving him in 2011. The letter she wrote to her daughters in 2011 provides insight into how she was feeling even at the time in 2020, when she said things like, Before anything else, I want you both to know how much I love you, that neither of you have ever caused me pain. You are the sole source of my inspiration, and you are always on my mind. But I don't think I can anymore with your dad. He's physically abusive, not to mention his verbal assaults that he freely gives without any bit of remorse. I want to be strong, to keep strong and start over. I need to be strong so he will never put his hands on me again. I want to set an example for both of you that no matter what, learn to be strong so no man will ever think of hitting you. I just want to make sure you know that at this turning point in my life, all I can think about is how it will affect you both. I have to be strong. I have to move forward and make sure the three of us will have better lives. I love you both with all my heart. The defendant made his children believe that their mother walked away from them. That cruelty is immeasurable. May Millette tried to shield them from it all. His physical abuse began almost immediately, as demonstrated by the journals that she left behind. There was evidence that he had previously choked her to unconsciousness. When May finally got the courage to leave, he stopped her. He stopped her by killing her. Your Honor, we're asking for this court to sentence the defendant to 25 to life, as is required under the law for first-degree murder. As to the gun charge, I am asking this court to sentence him consecutively to two years. I don't believe under the law that there's a way to get the aggravated sentence, but I think that two years is certainly warranted, consecutive to the 25 to life. I am also asking on behalf of the children, even though I understand that it is not necessarily what they are asking, but I am asking for a criminal protective order, and I submitted, Your Honor, my analysis of the law. It's very kind of complicated in this realm, in a post-conviction arena, but I do believe that the law has changed, and at the very least, would allow this court to issue one that would be effective January 1st of 2027. Restitution in the amount that I indicated in my brief, and as I think was stated, 25 to life is simply not enough. The damage that has been done, the number of people who have been traumatized by his actions, and most importantly, the life he took, which I think was illuminated here today through the victim impact statements and the videos. The loss here is immeasurable, and we would ask the court to find the defendant, or hold him accountable, as required by law. Thank you.
[01:42:35] Speaker 17: All right, defense.
[01:42:38] Speaker 2: Your Honor, there are some family members who would like to speak on behalf of Mr. Miliete. Okay. Thank you.
[01:42:55] Speaker 18: Good afternoon to all. My name is Judith Miliete. I'm the dearest mother of Larry Miliete. You want me to spell my name?
[01:43:14] Speaker 17: Yes, please.
[01:43:14] Speaker 18: It's J-U-D-I-T-H. M-I-L-L-E-T-E. To my dearest son, Larry, I thank God for giving me a son like you. No matter how old you get, you are always my little boy. Wherever life takes you, my love is always with you. I love you forever and always. Always. I am not ashamed of you. I am proud of you because I know that you didn't hurt anybody. You provided for all of us a comfortable, wonderful, and joyful life when you are with us. So be still and know that God is always with us. We love you so much. We pray yours always. I pray that my son's wife, Maya, come back home because she said, If I leave you, you will not see the kids. She said this after she and Larry had a big verbal fight. I am the only one who heard these words because I was just one foot distance from her. Larry did not hear Maya said this statement because she was then with the kids inside the room. So I pray that Maya come back home safely to be with us and to be with her family as a whole. So that is all I can say for now. Thank you so much.
[01:45:12] Speaker 3: And your honor, I just want to make sure it's clear. I don't believe that there's a basis for the defense to present impact evidence at a sentencing hearing. And I certainly don't think it's appropriate for individuals from the defense to stand up and start claiming certain evidence or things that have happened that would be contrary to what we're doing here today.
[01:45:37] Speaker 2: I think having family members speak in support of him is pretty typical of a sentencing hearing. And I would ask the court to allow his parents and his immediate family members to be able to do so.
[01:45:47] Speaker 17: Sure. I just agree on the evidentiary part. If it wasn't presented at the trial, that part's not going to be considered. But you may proceed.
[01:45:59] Speaker 19: I would have turned on your honor. I would have turned on everybody. I am Benito Millete, father, B-E-N-I-T-O-M-I-L-L-E-T-E. I'm the father of Larry Millete. I'm not here on this very moment if I did not believe my son. I was in Texas. I asked Larry nine times if he'd do it. He said, no. That's why I'm here. To let you know, guys. I'm a retired serviceman. I always want the truth. I don't want any something that we are vindicating, prosecuting a person that I think he do nothing wrong. So, we about 1989, my son Larry Millete asked a permission to go to the Tabalanzo family to ask for Maya hands. I asked him, are you sure? That is the very moment that he assured me. I love Maya. Make sure every day, every moment, that's the face that you're going to see when you wake up. So, since 1989, Larry and me live in Hawaii because I'm as a serviceman. I was transferred in Hawaii because my wife asked me, let's go and be transferred to Hawaii because your son is in trouble. To let you know, to let the people, the nation, the world know of what happened to Larry. Larry, you remember your childhood friends, Clint, and the other guy over there, also a serviceman. They were still young, Your Honor. One of their friends is comatose, vegetable, because of the gun. He was hit on the head. So, what happened, Clint and Larry was also attacked by three gang members in defense, Larry, Hart, Juan, or whatever. Larry, if he's a bad man, bad record, he cannot enlist in the military. So, he served the service for five years. He served in Balboa Hospital ever since before, after he was accused. I supported the family of Larry because he asked me, Dad, please stay with me and my mom. My wife is a nurse. I don't let her work just to take care of Larry and Maya. To share whatever expenses they can afford and help of his family. Here comes Laramie, Milani, Lazarus. Me and my wife take care of these three kids. I changed diaper, took them to school, took them to medical, whatever activities they do. Maya just concentrate on her schooling, his profession, and her job. On the house, nothing Maya can do, just go home, and Larry gonna tell us, Dad, Mom, please, don't disturb Maya. She got a headache. Please, don't disturb Maya. She's drunk.
[01:50:36] Speaker 3: Your Honor, I'm going to object to this. This is outrageous.
[01:50:40] Speaker 17: This is your top end in this world. Mr. Malete, we need to concentrate on what the...
[01:50:45] Speaker 3: There is no...
[01:50:46] Speaker 19: I'm sorry, Your Honor, I got a peacemaker. I'm sorry, my prosecutor. Let the nation, the world, know what happened. Oh! This is static. It's static, I'm sorry. I... Ow! Oh, s***. I need a medical. I need a... I got a peacemaker. Yeah, yeah, yeah, yeah. No, no. Ow! Oh, s***.
[01:51:27] Speaker 5: Let's take care of me.
[01:51:28] Speaker 19: Please, please, please, he's shouting me.
[01:51:31] Speaker ?: Let's go.
[01:51:32] Speaker 19: Come with me, okay? Let's go. I'll take care of you. We'll go and let it... Ow! We're going to get three minutes for you, okay? Come here, come here, come here. Yeah, my bag.
[01:51:40] Speaker 9: Sir, let me get three minutes. My bag. Relax, relax. Hey, mate. Hey, come here.
[01:51:45] Speaker 19: Come this way. I got a peacemaker. Don't worry, Mr. Malete. Fish, fish, fish, fish... It's attacking me. Here, here, here, here. Let's go outside, okay? Okay, come here, come here. The parking is in the bag. Oh, s***. Thank you. I'm sorry, judge. I'm sorry, I'm sorry. My peacemaker. My peacemaker.
[01:52:06] Speaker ?: I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry. I'm sorry.
[01:52:15] Speaker 17: All right, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17.
[01:52:22] Speaker ?: I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17. I'm sorry, Mr. Malete has left the courtroom with 17.
[01:52:42] Speaker 20: Good afternoon, Your Honor. Good afternoon, Your Honor. My name is Katherine Fredericks. I'm Larry Millett's aunt, K-A-T-H-E-R-I-N-E, last name Fredericks, F-R-E-D, R-I-C-K-S. I'm not gonna take too much of your time.
[01:53:33] Speaker 21: I know it's been hard for both families. We've been through a lot, both of us. The Malete and the Tabalans family. Maya is my niece too, and we loved her as well. You just need to let you know that, and I respect Mary Chris. She's been a good sister to everybody and to our family as well. The first time I saw Larry was he was four months old. He's lent my son to me.
[01:54:19] Speaker ?: He's been a good nephew.
[01:54:20] Speaker 21: He's been a good kid, a good nephew, a good son. I'm sorry. I love you so much, Larry. Your mom, your dad tried to be strong for you and for the kids. You're this kind of nephew that thinks about everybody else except yourself. And nobody knows that, but I think it was extended to your wife's family as well. You don't know how hard it is for us to keep quiet.
[01:55:06] Speaker ?: Oh, fuck.
[01:55:14] Speaker 21: But I know, for us, you didn't do anything. This world might think you did, but I know in my heart you didn't do anything. God knows the truth, and I hope that both families will have peace, and think about the children that's left, you know, Lara, Milani, and Lazarus, and for both families, that we could just think about the children as well. You already lost my niece, Aya, and now Larry will be away from us. Family, remember, family, no matter what, we're always family, and we're always here for you, Harry. Don't forget what I told you. You may be alone somewhere else, but God is with you, and we're always praying for you, okay? We love you very much, and we miss you so much. I wish we could hug you, and kiss you, and kiss you, and we're not going home soon. I know, you're a good person. You've been helping everybody else. You've been helping me, my son, and other family members, without asking nothing in return. So, wherever you're going to go, always remember, we're always here for you, and we love you so, so much. And I hope both families will have peace soon, for the sake of the children. Thank you. Thanks, Your Honor. Love you, Larry.
[01:57:08] Speaker ?: I do believe that it is for the rest of the people who wanted to speak on their behalf, Mr. Remonte's behalf. I submitted a sentencing brief. I think the court is pretty well acquainted with it, so I need to help not take up time
[01:57:30] Speaker 2: from today for the court's duties, and I know Mr. Remonte also wanted to address the court. I would just note a couple of things, just for the record, in the probation report, there's a request by VCB claims. We would stipulate to those, and then we would ask that the $10,000 fine be reduced within the court's ability for an inability to pay. We, again, with respect to the court's sentencing options, we would submit on the probation recommendation for count two. We believe that the law would be justified by the court imposing the lower sentence given Mr. Remonte's lack of criminal history, the nature of the crime, and things of that nature that I laid out in my sentencing in my mouth. I would submit on everything else, and I would just give Mr. Millie a ticket for it.
[01:58:31] Speaker 5: Mr. Millie, do you want to get a plan on your turn to address the court to it? Mr. Millie, first, you know, I don't really have much prepared, just side notes, but, you know, it's been compliant for four or five years in Sweden, it's all right, you know, comments of the crime as a regression has taken its toll. Mr. Millie, I wasn't able to protect my wife, and I gave into what she wanted and what she needed. So I just want to let you know that she wasn't just my wife, she was my best friend, and we've been together since we were 15, married very young, but, you know, we've been together 25 years, married 20 years, and I know I wasn't the best or greatest husband, but I would consider myself a decent and good husband. I'm not a monster, I'm not a bad person. I am a present and lovely father, and I consider myself a good father. I'm just hoping, you know, for one day, I know they hate me right now, you know, the family, even Richard, respect Mary Chris, I know they hate me right now, and I'm just hoping one day, if you make a mess in Reconcile, and hopefully, you know, time does, you know, and I didn't realize, you know, my mom is missing a daughter, you know, siblings are missing sister, their children are missing their mother, missing my wife and my best friend. And I just, I pray, you know, you know, just hoping, you know, just pray that, you know, I leave my faith to God, to this court, to judge, to judge your honor, that, you know, hopefully one day I can still come home to my family. And I just want to say, I love my family, I love my mom, I love my dad, I love my mom. I love you, I love you, I love you, I love you, I love you, I love you, Leicesterston. Always fit together, keep your palms tight. And no person I'm behind, you know, always know that I love you unconditionally, and I'll never change, I'm always proud of you guys. And I hope you guys, you know, will be proud of me. And, you know, just hoping I can make amends with the town of the family, you know, hopefully, you know, it can run south of the road, I know it's not going to be easy, but, you know, thanks. You know, Jennifer, Mike, Chris, JR, you know, and I apologize for, uh, to her father and mother, you know, I wasn't able to take care of her baby, so, I don't know, thank you for having you to speak.
[02:01:56] Speaker ?: Anything else?
[02:01:57] Speaker 2: Just briefly, and I apologize, your honor, who knows? I would just ask, I did put this in my sentencing brief regarding the protected voter, given that it's the children's rights that are contemplated under mercy's law, I would ask the court to inquire with them regarding requests as well, you know, the prosecutor's position, the court knows our position, but ultimately, under mercy's law, it's their rights that are being implicated, um, so I would ask the court, um, along with that request to inquire with them, and I, sorry, and I can make representations that the children didn't reach out to me personally to make that request for. I, your honor, sorry, I think this is really a chance, it's a little worth of this thing.
[02:02:46] Speaker 5: I just wanted to, you guys know, Chris, mother, father, that, you know, I'm not starting to believe, but you know, I really love your sister, and, um, I miss her every day, it's like, without meeting, without her, and, um, joking, it's like, having work forward every day, so, and I see
[02:03:07] Speaker 3: making the average, but, where's my, where's my, where's my, where's my, where's my, where's the, um, I have no problem if the court wants to inquire, but I can tell you, I spoke with them, and I, they do want to have contact with their father. They are at odds with my request, and I explained to them that I would be making a request for a full protective order, um, and they, they would like to be able to have contact with their father. All right. I'll accept your representation. Everybody's representing that, so I'll accept their representation.
[02:03:53] Speaker ?: All right. Anything else? No, thank you. All right. Ms. Bowles, anything else to be more?
[02:03:57] Speaker 6: All right. All right. All right. All right. All right. I'm going to have a few more deputies, please. No, submitted.
[02:04:09] Speaker 1: Okay. This court has carefully considered the jurors verdict, finding the defendant guilty of first-degree murder, the evidence presented at trial, a probation report, statements of counsel, victim impact statements, statements of the defendant, and the arguments regarding sentencing factors under California law. I have considered rules 4.421 and 4.423. The court has considered the defendant's opportunity through the course of these proceedings and at the sentencing where so many people truthfully expressed their feelings, one, to accept responsibility, two, to express genuine remorse, and to take concrete steps that might provide a measure of closure to the victim's children, and to the broader plan. In the court's observation, he remains a stone, and with a flat absent today, as he has in every other court hearing. The record before the court does not demonstrate humility or acceptance and responsibility. He has maintained the posture of denial and defiance. Of particular gravity is the evidence of the defendant's callousness and immediate aftermath of the murder. The record shows that after the evidence conducted the defendant casually and nonchalantly determined work engaged in ordinary conversations with members of the victim's family, with numerous other individuals who were actively seeking information about Mrs. Maletti's whereabouts. The evidence for the court further demonstrated a complete lack of any genuine interest in locating her or supporting the extensive search efforts undertaken by family, friends, and law enforcement. Some of this conduct was documented as a juvenile dependency statement of decision. Frankly, the court finds the conduct abhorrent. It reflects a profound indifference regarding his missing wife, to the life that was taken, and to the anguish inflicted upon the victim's children and family, who are left to search and hope, while the defendant preceded it, as though nothing of consequence had occurred.
[02:06:21] Speaker ?: The defendant is presumptively ineligible for probation, and even if this were to be seen as an unusual case for that finding, that anybody is asking for that, this court finds that he is not suitable for grants of probation,
[02:06:34] Speaker 1: and his medical probation report, the only circumstance of mitigation is that the defendant has no prior criminal record.
[02:06:44] Speaker ?: The court does find that the aggravating factors outweigh the mitigating factors. Crime involves great bodily harm, death, and the defendant's actions being up to and after the murder were cruel, vicious, and callous. The court finds that the manner in which the crime would occur indicates planning, sophistication, and professionalism.
[02:07:04] Speaker 1: The court also finds that the defendant is engaged in violent conduct that indicates that he is a serious danger in society.
[02:07:12] Speaker ?: For certain rule of 4.421, subsection C, the court initially finds that the defendant demonstrated the blatant disregard for court orders early on in the case. He violated the criminal protective order many times. Accordingly, the court sentences the defendant as follows. As to count one, the charge of first-degree murder,
[02:07:32] Speaker 1: the court imposes the indeterminate term of 25 years to life in state prison. As to count two, the court imposes the middle term of two years. That two-year term shall be served consecutively to the previously imposed indeterminate terms. The defendant is remanded to the custody
[02:07:50] Speaker ?: of the California Department of Corrections and rehabilitation to serve the sentence in both two years and served consecutively to the 25 years to life sentence in state prison. The court finds this sentence accurately fulfills the objectives of protecting the public and holding the defendant accountable
[02:08:07] Speaker 1: for the cold-calculated murder of his wife. The defendant has custody credits for 1,841 days. Pursuant to penal code section 2933.2, he is ineligible for any additional custody credits. The defendant shall pay the following. An additional restitution fine pursuant to penal code section 12 and 2.4 subsection E in the amount of $10,000. An additional restitution fine pursuant to penal code section 12 and 2.45 in the amount of $10,000. That's to be stated and remain so unless the defendant's supervision is removed. Court security fees order in the amount of $80. A criminal conviction assessment fee in the amount of $60. Pursuant to penal code section 12 and 2.4 subsection F. The court orders victim restitutions are increased through a land in an amount to be determined by the court at a future hearing to the victim compensation program. It's not opposed to all the amounts stipulated probation report on delving those award for work. All these restitution amounts and additional restitution for other or distinct individuals are subject to modification by the court and further restitution jurisdiction is reserved by the court. All fines, fees, restitution shall be paid forthwith or as provided in penal code section 28.5.5. As to the issue of the criminal protective order, the court does grant a 10-year protective order. To the children, to the men, your adults, and want to come ask and petition to the court to modify their work, the court will consider that.
[02:09:45] Speaker ?: And for some of you, it gets sooner rather than later.
[02:09:49] Speaker 1: Court will always hear a request to modify the protective order. I'll be honest, even without the protective order, CDCR might not allow the visit, but the criminal protective order prevents it. But I'll hear you out when you make that request. So the clerk is directed to prepare
[02:10:11] Speaker ?: the abstract of judgment. Let's leave a date for our next hearing regarding exhibits.
[02:10:17] Speaker 1: I'll defer to the court's schedule.
[02:10:45] Speaker 6: I think defense counsel may have to.
[02:10:47] Speaker 2: Do 30 days-ish. 30 days from now. December 2nd?
[02:10:56] Speaker 6: I actually have a trial that's starting.
[02:10:59] Speaker 1: We can have December 1.
[02:11:04] Speaker 6: The trial starts December 1, actually. I can come on the 30th. Of December? We will not be in town. November. Otherwise, it'd have to go into later in December.
[02:11:15] Speaker 2: Can you do December 3rd? We can do it virtually. Mr. Miliassi is waving his presence if the court is okay with that,
[02:11:22] Speaker ?: and we would love to appear virtually. We're not going to be here yet.
[02:11:27] Speaker 1: It's probably going to be a discussion.
[02:11:29] Speaker 6: That's fine. Is it going to be 1.30?
[02:11:32] Speaker 1: Yes. It's on December 3rd at 1.30 p.m. in this department. It's a status regarding the meeting's request for release of the trial exhibits, and then also for further standing or for denial of that, I guess, as you requested earlier today as well.
[02:11:50] Speaker 3: Yes, I will provide, I have kind of a spreadsheet so it's clear. And just in terms of the protective order, I know it's late in the day, but I just want to make sure that's clear. That means that the defendant's family cannot convey messages to the kids from the defendant. They cannot provide letters or communication through any third party. I just want to make sure that's very clear, because I believe there was some communication between the verdict and today. I didn't raise it because I don't know if there was some confusion about the end of the trial, but I want to make sure it's very clear that the defendant's parents are not to act as a third party intermediary, because they do still have visitation, and will be seeing the children. So I want to make sure that's very clear.
[02:12:49] Speaker 1: The criminal protection order includes all contact, even through third parties.
[02:12:55] Speaker ?: So you'll be served with that order here today.
[02:12:57] Speaker 2: The criminal protection order is no different than what's been in place before. And then, Your Honor, I think I missed it. First, we did request a reduction. And I don't know if the court did it.
[02:13:13] Speaker ?: I did not have a client. Lastly, so, before we terminate this hearing, the court does express its hope that even at
[02:13:21] Speaker 1: this late stage, it's a lot that you'll choose to provide the information that your children requested, that the family has been requesting. It won't change the guilt judgment. It won't change the sentence as required by law. It might constitute a measure of some accountability and afford your children and the Tabalaza family a measure of closure so far. They have yet to be given. All right. It's my duty at this time to advise you of your appeal rights.
[02:13:59] Speaker ?: You have the absolute right to appeal for the judgment of this court. In a closing sentence on you today, that means if you wish to appeal,
[02:14:06] Speaker 1: you must file a written notice of your intention to appeal within 60 days from today. An appeal, not filed within 60 days, shall be void and with no effect. The notice must be in writing and signed by you or your attorney or both of you. It must specify what you are appealing from, whether it is the whole judgment or just part
[02:14:23] Speaker ?: of the judgment. If you appeal and do not have the financial ability to retain the services of an attorney
[02:14:28] Speaker 1: to represent you on appeal, the appellate authorities will appoint counsel to represent you. In that regard, it is your obligation. To keep the appellate authorities advised at all times of your current residing address so that they can be in touch with you to advise you of your appointed counsel. If there's nothing else, this hearing is concluded.