Justice Robert Murray heard arguments on the motion Thursday morning and made his decision later that day.
Sharon Carrillo and her husband, Julio Carrillo, are both charged with murder in the late February beating death of her ten-year-old daughter, Marrissa Kennedy.
Her attorney asked that the prosecution be dismissed because the AG's office improperly used Maine subpoenas outside of the state, but Murray said their actions did not warrant dismissal.
“This issue regarding the disqualification of the attorney general's office and these prosecutors is not over though,” said Chris MacLean, the attorney for Sharon Carrillo. “And we may be filing some more paperwork regarding this issue in the very near future.”
The attorney general did not respond to a request for comment on Friday, but did issue a statement Thursday after the hearing.
“I think our decades of experience, have shown that we hold public service to be the highest calling there is,” Assistant Attorney General Don Macomber said outside of the courthouse. “Our dedication to the pursuit of justice is second to none. And we don't take lightly the allegations that we engaged in misconduct.”
The Carrillos will next be in court on April 30, when a hearing is scheduled to see if Julio Carrillo should also undergo a psychological exam. An evaluation for Sharon Carrillo, who is pregnant and due to give birth in may, has already been ordered.