Both Carrillos were scheduled to be in court this week but that was postponed until October, which is when a hearing on the state's motion for joinder will be held.
Attorneys for both Carrillos are saying the state filed a motion to join the cases together, instead of a notice of joinder, which would have allowed them to argue against the move.
“It's unclear if the judge will treat the motion the same it would have treated a notice and not really give us the opportunity to argue, or instead, if the court will treat it as a motion and let us oppose,” said Laura Shaw, an attorney for accused murderer Sharon Carrillo.
“If the court decided to treat the motion as a notice anyway then we would have the opportunity to file a motion to sever,” she added later.
No decision has been made about whether to oppose the state's request to have the trials together, the two defense teams said.
Both Sharon and Julio Carrillo are charged with murder in the brutal beating death of her 10-year-old daughter, Marissa Kennedy. She died back in February after months of daily beatings, the state medical examiner determined.
“Most of the time criminal defendants do want separate trials from co-defendants but there are cases where it might be more to their benefit to be tried together,” Shaw said. “Each case is unique and we just haven't made the final decision about that yet.”
Julio Carrillo's attorney, Darrick Banda, said it's likely that he'll oppose the motion to try the couple together. Back in May, he stressed the significance of following the rules.
“Not just following procedural rules, but following constitutional rules and following rules with regard to respecting people who are accused, respecting their rights and doing things the right way and conducting interviews the right way,” Banda said. “And I think this is a theme that is going to emerge in both of these cases.”