The Maine Supreme Judicial Court has agreed to hear an appeal filed by murder defendant Sharon Carrillo’s attorneys aimed at barring the Maine Attorney General’s Office from prosecuting the case.

Marissa Kennedy

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. Marissa was Sharon Carrillo’s daughter. 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 school she attended in New York. However, Superior Court Justice Robert Murray dismissed that motion and ruled that the AG’s office could remain on the case.

On Tuesday, Carrillo’s attorney Christopher MacLean called the Law Court’s decision to hear the case “extremely unusual.” He 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.

It was unclear Tuesday night who would prosecute the case if the Law Court rules for the defense. The Attorney General’s Office could not be reached for comment late Tuesday.

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

Ethan Andrews of The Republican Journal contributed to this report.