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Judge rules Millete children's court-appointed guardian can decide if they meet with San Diego District Attorney

Judge also issued tentative ruling that attorneys for sister of Maya Millete can depose Larry Millete regarding custody battle over the three kids.

SAN DIEGO — New information regarding the criminal case against Larry Millete came out during a probate hearing downtown Wednesday, August 3.

Guardian ad litem Kelley James told Judge Julia Kelety that the San Diego District Attorney's Office would like to speak with the Millete children regarding the criminal case against their father.

"[The district attorney] would like to speak with them informally and she asked 'Who would be able to grant permission for that?'" said James. "It was an unfamiliar question for both her and I. Typically it would go to the parents, and in this case, that's not possible."

Judge Kelety gave James the authority to make the decision.

"Your touchstone is what’s in the best interest of the children," said Judge Kelety. "And so I hope that will guide you coming to whatever decision you think is right and whatever terms you think would be appropriate for any such interviews."

Meanwhile, Judge Kelety also issued a tentative ruling granting attorneys for Maricris Drouaillet permission to depose Larry Millete in regards to the custody battle over the three children. 

However, that deposition hinges on whether or not Millete is found mentally competent to stand trial in criminal court. 

According to an attorney for Larry Millete's parents, even though the evaluation was scheduled to take place in July, Millete has not undergone a mental evaluation yet. 

"Mr. Millete showed up for his evaluation. For some unknown reason he was not seen that day. So we're trying to figure out what happened, why he was not seen on that day and when it will be rescheduled for," said attorney Joseph Goldberg. 

Goldberg said he was filling in for Millete's defense attorney Bonita Martinez, who was out sick. 

A hearing regarding custody of the kids was scheduled for Oct. 24.

Larry Millete is scheduled to be back in criminal court at the end of August.

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