BELFAST (NEWS CENTER Maine) -- A second bid by Sharon Carrillo to have prosecutors thrown off her child murder case met with the same refusal as the first time.
The Maine Supreme Court posted its rejection of her appeal to its website on Tuesday, July 3.
Sharon Carrillo is heading to trial on a charge of depraved indifference murder concerning her daughter, 10-year-old Marissa Kennedy. Police said Marissa died in February at her home in Stockton Springs after months of abuse. Her step-father, Julio Carrillo, is also charged in her murder.
In building their case against Sharon Carrillo, prosecutors subpoenaed employment and school records from New York State where she previously lived. But Carrillo's lawyer argued that those documents were obtained improperly. The court agreed and sealed the documents.
That action did not satisfy Carrillo's lawyer who further requested the prosecutors be removed from the case. When a lower court denied the request, the appeal went to the Supreme Court.
As with the first judgment, the Supreme Court decided the prosecution's error did not merit such a severe response. In further explaining its decision, the court said the defense failed to prove its claim that Carrillo's right to a fair trial would be irreparably damaged unless the prosecutors were removed.
Sharon Carrillo appeal denied by NEWSCENTER26 on Scribd