CHRISTOPHER K. MACLEAN — RICHARD A. MeKITTRICK
PAMELA G. TERRY PETER G. WARREN
SARAH L. GILBERT — Retires
—
KATHERINE C. GIBSON
se CAMDEN citrus
eee LAW regan
February 8, 2019
Brooke Otis, Clerk
Waldo Unified Criminal Docket
103 Church Street
Belfast, Maine 04915
Re: State of Maine v. Sharon Carrillo
Docket No. WALCD-CR-2018-146
Dear Brooke:
Enclosed please find the Motion to Suppress Evidence (Statements of Defendant),
Defendant Sharon Cartillo’s Motion to Sever Trial from the Trial of Julio Carrillo, and
Defendant Sharon Carrillo’s Memorandum in support of her Motion to Sever Trial from the Trial
of Julio Carrillo for filing with the Waldo Criminal Docket in the above referenced matter.
Please contact my office with any questions you may have.
Very truly yours,
CAMDEN LAW LLP
AW
Laura P. Shaw, Esq.
LPS:eac
Enclosure
ce: Sharon Carrillo
Leane Zainea, Assistant Attorney General (Via electronic and regular mail)
Donald Macomber, Assistant Attorney General (Via electronic and regular mail)
CAMDEN LAW LLP | Camden Law LLP is @ merger of the firms McKittrick & Warren, PA. and Elliott, MacLean, Gilbert & Coursey, LLPSTATE OF MAINE WALDO CRIMINAL DOCKET
WALDO, SS LOCATED IN BELAST
Docket No. WALCD-CR- 18-146
STATE OF MAINE
MOTION TO
SUPPRESS EVIDENCE
(STATEMENTS OF
DEFENDANT)
v.
SHARON CARRILLO
Defendant
NOW COMES the Defendant, Sharon Carrillo, by and through her
undersigned counsel, Christopher K. MacLean, Esq., and moves this Court,
pursuant to M.R.U.Crim.P. 41A, to suppress all statements made to law
enforcement between February 25, 2018 and February 26, 2018, for the
following reasons:
1 On February 25, 2018, law enforcement officers from the Waldo
County Sheriff's Department and Maine State Police responded to Defendant's
residence in Stockton Springs, Maine following a report that Defendant’s ten-
year old daughter had died
2. Because of the nature of the child’s injuries, law enforcement
officers immediately treated Defendant's home as a homicide crime scene. All
questioning of Defendant was undertaken with an exclusive focus on
Defendant and her husband as the subjects of the homicide investigation
3. No statements made to law enforcement by Defendant between
February 25, 2018 and February 26, 2018, including the initial 911 call, can
be considered voluntary and therefore must be suppressed. State v. Rees,
2000 ME 55, 43, 748 A.2d 976, 977; see also Constitution of the State of
Maine.4. Although Defendant was purportedly advised ‘of her Miranda
rights, any waiver of those rights purportedly made by Defendant could not be
considered knowing, intelligent, or voluntary.
5. Defendant has significant cognitive and developmental deficits.
Defendant’s intelligence falls in the bottom 2% of the population. In addition to
Defendant’s compromised reasoning, judgment, and problem solving abilities,
she was experiencing significant symptoms of depression, anxiety, and trauma
at the time of the interrogations.
6. The Court must consider the surrounding circumstances—as they
are now known—when assessing Defendant’s purported waiver of her Miranda
rights and when evaluating the voluntariness of her statements to the police on
February 25, 2018 and February 26, 2018. Through no fault of the Maine
State Police detectives, extraordinary and unfathomable facts about the
conditions of Defendant’s life with Julio Carrillo were not yet known. These
facts—and the evaluations that have now been completed—not only call into
question the validity of Defendant’s confession that she was “50%” responsible
for Marissa’s death, but make such an assertion absurd and grotesque.
7. It is now known that Defendant (along with Marissa) was the
victim of severe domestic torture by her husband, Julio Carrillo. The torture
took the form of extreme physical, sexual, and psychological abuse designed to
cause physical and emotional agony. The torture was designed to, and had the
effect of, breaking down Defendant’s (and Marissa’s) conception of reality and
submitting to a new reality created and imposed by Julio Carrillo.
8. Well after the interrogations on February 25, 2018 and February 26,
2018, the Maine State Police gained access to the stored contents of Julio
2