The Maine Supreme Judicial Court heard arguments Tuesday about whether two prosecutors with the Maine Attorney General's office should step down from a murder case involving a mother accused of beating her daughter to death.
Sharon Carrillo, and her husband, Julio Carrillo, are both charged with murder in the brutal death of her 10-year-old daughter, Marissa Kennedy, who died at the end of February in Stockton Springs.
Carrillo's defense team argued that AG prosecutors used fake subpoenas to get protected out-of-state school records, including psychological exams, and should be dismissed.
"We're looking to ... reestablish the integrity of the judicial process," said Christopher MacLean, attorney for Sharon Carrillo. "We're not looking to disqualify the entire Attorney General's office. We're looking to disqualify the two attorneys who were part of the prosecuting team."
Several members of the court drilled MacLean about where the state would eventually have access to the protected files, since he has already stated several times that his client has a reduced mental capacity.
"What would be lost, if the Attorney General continues to prosecute the case? In the fairness of the trial," asked Hon. Leigh Ingalls Saufley, chief justice of the Maine Supreme Judicial Court
MacLean responded by saying while his client does have a reduced mental capacity, that may not become part of the defense strategy.
"As soon as the prosecution team received the defense team's motion about the protective order, they realized the error in issuing the subpoena ... and immediately made efforts to retrieve and destroy all copies and produce the original records under-seal for the court," said Assistant Attorney General Leanne Robbin, who argued the case.
She also argued that there was no ethical rule violation, and added that changes have been made in the AG's office to prevent similar instances in the future.
"They said they've made changes but I think the proof will be in the pudding on that," MacLean said outside of the courthouse after the hearing ended.
The law court is expected to make it's decision shortly.