Defense says state lied to N.Y. school to get Carrillo's records

Attorney moves to bar psych evaluation and other school documents
By Ethan Andrews | Mar 23, 2018
Photo by: Ethan Andrews Sharon Carrillo is led into Waldo County Superior Court Feb. 28.

Belfast — An attorney for Sharon Carrillo is seeking to block information about her, including a psychological evaluation, that was obtained by police and the state from a school she attended in New York.

Sharon Carrillo and her husband Julio are accused of killing of Sharon Carrillo's daughter Marissa Kennedy, who was found dead in the couple's Stockton Springs home in February, allegedly as the result of beatings that occurred over many months. The couple each face a charge of depraved indifference murder.

Sharon Carrillo's attorney, Laura Shaw, contends that the state tricked the CEO of a private boarding school in New York for people with learning disabilities into mailing the school's records about Carrillo, a former student.

In a motion for protective order filed at Waldo County District Court March 21, Shaw said the state overstepped the authority of Maine law by attempting to command records from an out-of-state school and made false statements in the subpoena by referring to an upcoming court date that did not exist.

In an affidavit, Donna Konkolics, chief executive officer of Maplebrook School in Amenia, N.Y., said she received a phone call from Maine State Police Detective Jason Andrews in March, who asked for records relating to Carrillo, who was known as Sharon Kennedy when she attended the school.

Konkolics told the detective she could not release the records without the student's consent or a subpoena. On March 19, she received a written subpoena by mail from Assistant District Attorney Donald Macomber requiring her to appear at Waldo County District Court on April 6 with Carrillo's records.

Alternatively, the subpoena stated, she could mail Carrillo's records to the Attorney General's Office.

According to Shaw, there was never a court date on April 6, which rendered the subpoena not only invalid but "dishonest and deceitful."

A clerk at Waldo County District Court, who spoke to The Republican Journal, found no record of an April 6 court date for Carrillo.

Konkolics said she didn't question the date and took the subpoena as a valid legal document. Traveling to Maine would have been a burden, she said in her affidavit, so she sent all records on Carrillo maintained by the school to the Attorney General's Office, "believing those were the only options before me."

Those records included progress reports, report cards, an individualized education plan (IEP) and a psychological evaluation, Konkolics said.

Carrillo's counsel contacted Konkolics on March 20 asking her not to send the records, but they were already in the mail.

Shaw, in her motion for protective order, said the way in which the Attorney General's Office obtained the Maplebrook School records violated the Maine Rules of Unified Criminal Procedure, Carrillo's privacy and due process rights, as well as the Maine Board Overseers of the Bar definition of misconduct, which refers to lawyers who "engage in conduct involving dishonesty, fraud, deceit or misrepresentation."

"The conduct at issue surrounding the service of this subpoena is egregious, and constitutes misrepresentation at best," Shaw wrote.

Reached by phone March 23, Macomber, the assistant attorney general, said he is reserving his comments for a hearing on the motion, to be held March 27.

Earlier this month, the state requested its own psychological evaluation of Sharon Carrillo based on information from Carrillo and her family members that she has a documented history of mental illness and learning disabilities.

Maplebrook School has students aged 11 to 18 and a post-graduate program for ages 18 to 21. Students typically have an IQ in the range of 70 to 95, according to the school's website. Most have a language-based learning disability, and many struggle with social skills and executive functions. Diagnoses of students at the school include ADD/ADHD, Auditory Processing Disorder, Dyscalculia, Dysgraphia, Dyslexia, Executive Functioning deficiencies, Expressive and Receptive language deficits, Fine/Graphomotor Skills difficulties and Visual Processing Disorder. The school does not enroll students with a diagnosis of a behavioral disorder or severe emotional needs.

The Republican Journal contacted Maplebrook School to speak with Donna Konkolics and was told she is not taking any calls.

A hearing on the motion for protection order is scheduled to be held at 3 p.m. Tuesday, March 27, at Waldo Superior Court.

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