The defense team says the attorney general's office should be asked to step aside, while prosecutors responded by saying the motion is just shameless posturing.
Sharon Carrillo and her husband, Julio Carrillo, are both charged with murder in the late February beating death of her 10-year-old daughter, Marrissa Kennedy.
Justice Robert Murray chastised the prosecution two weeks ago for incorrectly handling out of state subpoenas involving Sharon Carrillo's high school records, which included a psychological exam. He also ordered affidavits from everyone who may have touched them.
Her defense team then filed a motion to dismiss both assistant attorney generals Leane Zainea and Donald Macomber.
In court on Thursday, her attorney Chris MacLean said he believes the prosecution used the subpoenas to dupe the school's leaders and that they delayed notifying the defense until after the materials had already been emailed to the AG's office.
“I am trying to contain my rage at the attacks on my personal integrity, on Ms. Zainea's personal integrity, on the integrity of the staff at the Attorney General's Office,” Macomber told the judge.
MacLean also said he believes that six of the nine AG affidavits were not filed correctly. When he presented Macomber with paperwork about how to file an affidavit in Maine, Macomber tossed it back on the podium.
After the hearing, Macomber made a rare mid-case statement.
“The defense lawyers for Sharon Carrillo are trying to make this about the prosecution. It's not about the prosecution. This case is about Marissa Kennedy and what happened to her,” Macomber said out in front of the courthouse.
“Everybody makes mistakes,” he added. “I admitted in court I made a mistake, but for him to suggest that our office engaged in prosecutorial misconduct is just shameless posturing for the court and the general public,” he added.
The hearing ended with the judge saying he would have a decision on the motion shortly. It's expected in the next week or so.
“I think our decades of experience, have shown that we hold public service to be the highest calling there is,” Macomber said. “Our dedication to the pursuit of justice is second to none. And we don't take lightly the allegations that we engaged in misconduct.”