Attorneys for the woman charged in the death of her ten-year-old daughter, Marissa Kennedy, have asked a judge to remove state prosecutors from the case. In a motion filed in Waldo County District Court Monday, defense attorneys accuse prosecutors of misconduct.
Defense attorneys allege the Maine Attorney General's office improperly issued a subpoena to obtain confidential information about their client, Sharon Carillo, who's accused of the beating her daughter to death.
According to court documents, prosecutors subpoenaed the Maplebrook School in New York, where Carrillo was a student more than a decade ago, and received 73 pages of sensitive information. Defense attorney Laura Shaw says the subpoenas issued from Maine are not valid across state borders, and that prosecutors falsely indicated that if school officials did not send the requested records, they would have to appear in court in Maine on a date when nothing was actually scheduled. Shaw is asking the court to prohibit the state from using those records. She also wants the Attorney General's office to be removed from the case.
"There has to be sort of repercussion to right what has happened here,” Shaw says. “I mean, these are the prosecutors handling the most important cases in the state and we need to make sure that they're following these procedures perfectly."
The Attorney General's Office declined a request for comment. The motions will be considered in Waldo County District Court on Tuesday.
