Six phones sought by Sharon Carrillo, attorneys, searched after warrant issued

Mon, 09/16/2019 - 6:45pm

BELFAST — The six phones sought by Sharon Carillo and her attorneys in several court motions have been examined following the issuance of a search warrant by Justice Valerie Stanfill Aug. 14. 

Sharon and Julio Carrillo were arrested following the prolonged beating death of Sharon Carrillo’s daughter, 10-year-old Marissa Kennedy. Kennedy was found deceased at the Stockton Springs condo where the couple lived with Marissa and their two young children. A medical determined Marissa’s cause of death to be beaten child syndrome, with both Carrillo’s initially confessing to months of prolonged, often daily beatings that ultimately led to the child’s death Feb. 25, 2018. 

Despite initially confessing to abusing her child, Sharon Carrillo retracted the statements, saying she was told by Julio Carrillo to take partial responsibility. Instead of an equal participant, Sharon Carrillo and her attorneys allege she, too, was a victim of Julio Carrillo, rather than a partner in crime. The phones in question were sought by Sharon Carrillo’s defense team so that they could be examined for any relevant content.  

The phones were found at the Stockton Springs residence where Sharon and Julio Carrillo lived with Marissa Kennedy and their two toddler children prior to Marissa’s death. They were found by Sharon’s father, Joseph Kennedy after Sharon and Julio were arrested for the murder of the then-ten-year old Feb. 26, 2018, the day after the child’s death. 

According to an affidavit filed by Maine State Police Detective Scott Quintero, Joseph Kennedy said he looked at one of the phones after locating them and stated he had seen a picture of Marissa that could have been from the day she died. The picture reportedly shows Marissa bruised and seated on the condo’s tile floor with her hands behind her back.

Joseph Kennedy turned the six phones over to Attorneys Christopher MacLean and Laura Shaw, both of Camden Law. The State was notified of the phones, which were turned over to a Maine State Police detective the same day they were received in early April, according to the affidavit.

In court documents seeking the return of the phones, MacLean wrote that the phones had been turned over with the expectation they would be examined, given what Kennedy said he’d seen on one of the phones.  

According to court documents, only three phones were seized from the home after Julio Carrillo stated that they were the only three in use. Once the six other phones in the residence were in the State’s possession and they were not examined, MacLean began filing motions for their return. 

On Aug. 13, MacLean filed a Motion to Compel Discovery, wherein he wrote: “the State’s withholding of the cell phones and electronic data is hampering Defendant’s ability to prepare her defense.” 

“It is clear that the State is engaging in foot-dragging and delay to run out the clock and prevent Defendant from having access to the phones and electronic data,” the motion continued, before adding that the defense would seek sanctions if the phones or electronic data on the phones was not produced “in the near future.”

An affidavit was submitted by MSP Detective Scott Quintero, who retrieved the phones from Camden Law offices, about what Joseph Kennedy had said he saw on the phone. 

A warrant to search the six phones was issued Aug. 14 and includes approval to retrieve any images and video of Marissa Kennedy and text messages pertaining to the discipline/abuse/neglect of Marissa. 

The phones were delivered to the Maine State Police Computer Crimes Unit Aug. 16 and the downloads were completed Aug. 20, with a report on the findings issued Aug. 23. 

A subpoena for the Department of Health and Human Services, Child Protective Services was issued Sept. 3, to produce any records or documents pertaining to Marissa Kennedy and the three children Julio and Sharon Carrillo shared.

Both Julio and Sharon faced the same charge of knowing and intentional murder following the prolonged beating death of Marissa and both initially pleaded guilty. 

Julio Carrillo changed his plea to guilty July 22 and was sentenced to 55 years in prison Aug. 28, and serving his time at the Maine State Prison in Thomaston. His earliest possible release date is June 25, 2065, according to the Maine Department of Corrections.

Lawyers for Sharon Carrillo appealed to the Court to allow her to attend Julio’s sentencing, though her request was denied. Sharon was able to submit a written statement to the Court, though it is not known whether she did so. The State requested that any statement be impounded in order to protect the Court’s ability to impanel an impartial jury for Sharon Carrillo’s trial, scheduled for December.

 

See also

Maine Legislature recommends three of five child abuse, protection bills ought to pass

DHHS commissioner says LePage bill addresses questions, concerns about agency

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 casejudge 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  

Gov. LePage signs four of five proposed child welfare reform bills into law

Prosecutors seek joint trial for Carrillos, with separate juries for each

Sharon Carrillo lawyers file to suppress evidence, sever trials; claim torture at hands of husband

Prosecutors request further testing of Sharon Carrillo after her attorneys move to have statements suppressed

Mother, stepfather to get separate trials in murder of 10-year-old, judge says

Julio Carrillo gets 55 years behind bars for murder of 10-year-old stepdaughter


Erica Thoms can be reached at news@penbaypilot.com