Maine Supreme Court has agreed to hear an appeal filed by Sharon Carrillo's attorneys aimed at barring the Attorney General's office from prosecuting the case.

Carrillo and her husband Julio are accused of beating 10-year-old Marissa Kennedy to death in February at the Stockton Springs condominium the family shared. Kennedy was Sharon Carrillo's daughter and her death was the result of months of abuse, according to police. Kennedy's official cause of death, the medical examiner's office said, was battered child syndrome. The couple have been charged with depraved indifference murder.

Sharon Carrillo's attorneys sought to have the Attorney General's Office removed from the case last month, citing illegal use of subpoenas to obtain records from a private boarding school Sharon Carrillo attended in New York.

However, a local judge dismissed that motion and ruled the AG's office could remain on the case. Waldo County Justice Robert Murray in April returned a seven-page decision denying motions from Sharon Carrillo's attorneys to disqualify the two lead prosecutors, and possibly the entire Attorney General's Office, from the case.

Murray previously barred the state from using the records during the trial.

Speaking on May 15, Carrillo's attorney Christopher MacLean called the law court's decision to hear the case "extremely unusual," particularly coming from a defendant during the trial. The attorney said the state's highest court has scheduled oral arguments, which indicates a still deeper review of the appeal than he would have expected.

Whether or not the law court rules in his favor, MacLean said the decision to hear the appeal is a "victory for due process."

"It's an extraordinary testament to the fairness of the process," he said.

The Supreme Judicial Court will hear the appeal June 12 at 1:30 p.m. in Portland.

Republican Journal reporter Ethan Andrews contributed to this report.

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