AUGUSTA — The attorney for a woman accused of beating her 10-year-old daughter to death with her husband’s help say prosecutors have made errors that justify removing them from the case.

Defense attorney Christopoher MacLean told the state supreme court Tuesday that prosecutors inappropriately obtained records relating to defendant Sharon Carrillo’s mental health state.

The attorney general’s office filed a subpoena with a school in New York and threatened a made-up court date if the records weren’t produced. WCSH-TV reports that MacLean said the errors were “not mistakes.”

Prosecutor Leanne Robbin says the error was just a mix-up caused by a miscommunication among prosecutors.

MacLean said in March that his client’s family members have told him that Carrillo has been diagnosed with intellectual disabilities since she was a child and had attended special schools.

Sharon Carrillo and her husband, Julio Carrillo, 51, were charged with depraved indifference murder after Marissa Kennedy was found dead in the Stockton Springs condominium where they were living with their two other children. Julio Carrillo was Marissa’s stepfather.

Marissa Kennedy

Both of the Carrillos pleaded not guilty in Marissa’s death.

Neither husband nor wife has a criminal record in Maine, but according to a prosecutor, Julio Carrillo was convicted of a domestic violence assault charge in Kentucky in 2000.