AUGUSTA — The Maine Supreme Court decided July 3 that the two assistant attorney generals prosecuting Sharon and Julio Carrillo for their role in the February beating death of 10-year-old Marissa Kennedy will remain on the case, despite defense attorneys efforts for their removal.

Lawyers for Sharon Carrillo, Chris MacLean and Laura Shaw, both of Camden Law, argued that by using extrajudicial subpoenas to secure confidential and privileged information prosecutors committed “serious and ethical violations.”

MacLean first moved to disqualify Assistant Attorneys General Donald Macomber and Leane Zainea in Waldo County Superior Court in April. Justice Murray denied the motion to disqualify the prosecutors, though he did agree that Zainea and Macomber had obtained the records in question in violation of the subpoena process.

Any records gained from the subpoenas, which went to Maplebrook Elementary School and a Walmart Supercenter, both in New York, was ordered to be turned over to the court where they were sealed.

According to the Court’s finding, Sharon Carrillo “failed to meet her burden of establishing the application of the death knell exception to the final judgment rule.” The death knell exception is only available if substantial rights of the respective party will be irrevocably lost if the appeal is not granted preconviction. 

Supreme Court Justices include Leigh I. Saufley, Chief Justice, and Justices Donald G. Alexander, Andrew M. Mead, Ellen A. Gorman, Joseph M. Jabar, Jeffrey L. Hjelm, and Thomas E. Humphrey. 

Sharon and Julio Carrillo remain in custody at Two Bridges Regional Jail in Wiscasset.

The Carrillos are scheduled for their next court appearance Aug. 8.

See also:

Mother, stepfather arrested following 10-year-old daughter's death in Stockton Springs 

Mother, stepfather accused of murdering daughter to make first court appearance Wednesday 

Bail set at $500k for mother, stepfather accused of murdering daughter 

Sen. Thibodeau calls on Governor for investigation into DHHS following girl's murder 

Searsport schools plan 'Dress Blue' day in remembrance of slain girl 

Sen. Thibodeau issues statement following LePage remarks on murdered 10-year-old

Update: State investigation into Marissa Kennedy's death to take place in two phases 

Sharon, Julio Carrillo indicted for murder of 10-year-old Marissa Kennedy

Attorney for Sharon Carrillo seeks bail reduction, cites spousal abuse 

Maine Children's Trust donations grow following Stockton Spring girl's death 

Sharon Carrillo lawyer accuses state of deception

Carrillos plead not guilty to charges of murdering 10-year-old

Tensions run high in Waldo County Court as Sharon Carrillo lawyers argue to have prosecutors disqualified

Carrillo prosecutors to remain on case, judge decides

Maine Supreme Court to decide whether Sharon Carrillo prosecutors stay on case

OPEGA returns phase one report into abuse deaths of two Maine children

Gov. LePage steps in for Department of Health and Human Services at Augusta oversight hearing

Government Oversight Committee issues subpoena for DHHHS Commissioner, LePage responds  

Erica Thoms can be reached at news@penbaypilot.com