Also request return of seven cell phones found in residence

Sharon Carrillo, lawyers, seek any evidence proving Sharon participated in daughter’s abuse

Tue, 08/13/2019 - 5:45pm

BELFAST — Lawyers for Sharon Carrillo filed two motions with the court July 31, a Motion in Limine and a Motion for Return of Property. 

The Motion In Limine requests the State turn over any “documents, photographs, writings, videos, audios, or other materials in any form that show, establish, or suggest that Sharon Carrillo participated in [the] physical abuse of Marissa Kennedy.”

Sharon Carrillo is facing a charge of knowing and intentional murder in the Feb. 25, 2018, beating death of her then 10-year-old daughter, who succumbed after months of abuse. 

Both Sharon Carrillo and her husband Julio Carrillo were arrested the day after alerting police of Marissa’s death, with both initially claiming equal responsibility in the beatings. Lawyers for Sharon Carrillo were quick to assert that these statements were not made voluntarily and that Sharon was, in fact, a victim of her husband rather than his partner in abuse. 

There is reportedly photographic evidence that Sharon was also subjected to abuse alongside her daughter. 

According to the Motion, which was filed by Christopher K. MacLean, of Camden Law, he is specifically seeking recordings of an off the record conference of counsel held in chambers May 3, during which Julio Carrillo reportedly stated he was in possession of evidence proving Sharon’s culpability in the abuse. 

When lawyers for Julio Carrillo were asked whether they were in possession of such materials, they reportedly said they were not. 

Attorney MacLean notes that Sharon Carrillo is unaware of “the exact nature or form of the evidence, so no effort can be made to locate it through other means.” Her lawyers state that they only know such evidence exists because lawyers for Julio Carrillo “represented to the Court that such evidence exists.”

Lawyers for Julio Carrillo have reportedly stated that the documents or materials in question are protected by privilege, and Julio Carrillo  has objected to the subpoena to produce them on those grounds. 

MacLean asserted in the motion that they “cannot properly prepare for trial or properly advise his client without access and possession” of the documents and/or materials. 

The motion ends with lawyers for Sharon requesting that the matter be scheduled for a hearing. 

A Motion for Return was filed by Maclean the same day, where he argues for the return of seven cell phones reportedly discovered in the Stockton Springs condo where the Carrillos lived at the time of Marissa’s death. The phones were found by Sharon Carrillo’s father, Joe Kennedy, on Feb. 25. 2018, but were not taken by State Police because they were told by Julio Carrillo the phones were “broken and did not contain any relevant data.”

Kennedy reportedly turned at least one of the phones on and discovered there were photos of Marissa Kennedy that appeared to be taken the day that she died. The phones were then turned over to defense attorneys on April 4, 2018,  and were turned over to the State the same day. 

MacLean said he anticipated the contents of the phones would be analyzed, given that the other phones recovered from the home contained “monstrous images” of Marissa Kennedy and Sharon Carrillo being subjected to abuse side by side. 

The State reportedly declined to analyze the additional seven phones or to return the phones to counsel for Sharon Carrillo, with the State arguing it lacks probable cause to examine the phones’ contents. 

“This explanation defies credulity,” the Motion reads, before going on to explain its reasoning. 

“First, Julio Carrillo has pleaded guilty and the content of the phones has no bearing on the case. His consent is now immaterial. Second, Sharon Carrillo gave the phones to the State so their content could be analyzed. Third, Defendant’s counsel provided written consent to analyze the content over two months ago to expedite this process…. Fourth, it is an established fact that Julio Carrillo used cell phones to record and preserve images of ghastly and monstrous abuse.”

Other reasons include Julio’s statements to detectives discouraging them from analyzing the phones, which MacLean said “should cause any reasonable person investigating the matter to pay extra attention to the content of those phones.” 

Lastly, the fact that Joseph Kennedy has told the State that at least one of the seven phones contains images of Marissa Kennedy on the day she died. 

MacLean argues later in the Motion that the State “cannot both refuse to analyze the contents of the phones on the grounds that the State does not have sufficient probable cause to believe that the phone contains evidence of a crime…. And at the same time not return the property to Sharon Carrillo, an owner of the phones who provided them to the State. 

An order was issued by Justice Robert Murray Aug. 7, ordering that the State file it’s written memoranda in opposition to either or both motions no later than Aug. 23. The order further states that if the State does not oppose either motion, they must indicate so to the Court in writing by Aug. 23. 

Sharon Carrillo is set to go on trial Thursday, Dec. 5, with the trial estimated to last through the following Friday, Dec. 13. Jury selection is scheduled to take place Dec. 4.


Erica Thoms can be reached at news@penbaypilot.com