BELFAST – The Waldo County Superior Court justice handling the murder trial for Sharon Carrillo basically smacked the prosecution on the hand for incorrectly handling out of state subpoenas.
Justice Robert Murray ordered the state to turn over all of the records acquired from Carrillo’s high school within two days as well as destroy any electronic copies and file an affidavit saying who may have had access to the protected files.
Carrillo’s defense team said the state didn’t file the subpoena paperwork in the right state or with the right wordage, which duped the school’s CEO into turning them over.
The judge described the prosecution’s actions as “at minimum a procedural error.”
“It appears to clearly to be of a privileged or confidential nature, because of that there are steps that are required to be undertaken to account for that erroneous behavior on behalf of the state,” Waldo County Superior Court Justice Robert Murray said.
A second subpoena issued to Carrillo’s former employer in New York was withdrawn by the state. The judge also barred the state from issuing further out of state subpoenas from the state of Maine and to turn over any information they get as a result of the first two subpoenas.
“There is a pretty high hurdle that they would have to get over to get these documents through the right process, which is probably why they didn’t follow it in the first place,” said Laura Shaw, attorney for Sharon Carrillo.
Assistant Attorney General Leane Zainea turned over two of the files in court on Tuesday and tried to argue that the request for the school records was akin to discovery, especially if the defense team chooses to use their client’s mental health in her defense.
The defense also has filed a motion to dismiss both Zainea and fellow Assistant Attorney General Donald Macomber, which the judge said he would consider at an upcoming hearing.
“These prosecutors at a minimum need to be disqualified from the case based on what happened,” Shaw said after court.
Sharon Carrillo and her husband, Julio Carrillo, are both charged with murder in the late February death of her 10-year-old daughter, Marrissa Kennedy.
“She feels really upset with the way the state went about getting her records,” Shaw said. “I think she feels pretty violated. It’s pretty private stuff that was in there.”
Both Sharon and Julio Carrillo have been indicted by the Waldo County Grand Jury, and the arraignment for both is scheduled for April 2.