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.
Erica Thoms can be reached at firstname.lastname@example.org