In what is believed to be the first time in Maine history, the Maine Supreme Court will hear oral arguments about whether prosecutors with the state's Attorney General's Office should step down from a murder case.
Accused murderer Sharon Carrillo's defense team says the AG's office used fake subpoenas to get protected out-of-state school records and requested prosecutors be removed.
“Basically, their position is: This is no big deal,” said Christopher MacLean, attorney for Sharon Carrillo. “And that they should be able to use subpoenas the way they did because everybody else does.”
The Maine Supreme Court will hear oral arguments on June 12.
The 45-page AG's office brief basically says that the lower court ruled correctly in denying the request to remove prosecutors.
"She failed to establish that the prosecutors' continued participation in the case would result 'in an affirmative violation of a particular ethical rule' and 'actual prejudice' to Carrillo," it states.
The defense team says the use of Maine subpoenas in New York duped the headmistress of their client's former school into turning over the records, which included a psychological exam.
“We just think that is fundamentally flawed,” MacLean said. “So we're curious to see how the Maine Supreme Court considers that kind of argument from the AG's office.”
MacLean's co-council added that much of the state's brief also lacks details addressed in their 40-page brief.
“They really didn't even talk much at all about what actually happened in their brief,” said Laura Shaw, attorney for Sharon Carrillo. “They are really trying to ignore that and just focus on the fact that they don't think it will make a difference in this case.”
All seven members of the law court voted to hear the appeal on an expedited basis.