STATE 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 ) ) ) SHARON CARRILLO DEFENDANT) 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Carrillo’s personal cell phone. Among the many disturbing photos found on the phone was one haunting photo that depicted the sadistic torture of Defendant and Marissa together—a photo that could only have been taken by Julio Carrillo himself and preserved in his phone to enjoy just as anyone might keep cherished images of loved ones. 9. In one form of torture, Julio Carrillo would physically force Defendant and Marissa to strip naked and kneel together on the floor of their home. He would force them to hold their arms in the air and threaten to beat them with his hands and other objects if they lowered their arms. The physical agony caused in the knees and the shoulders was excruciating. While naked and helpless in this position, Julio Carrillo would sexually assault Defendant and Marissa by standing above them and using his bare foot and toes to caress their vaginas. The haunting photo from the Maine State Police captures this gruesome scene. Marissa appears to be about 10 years old in the photo Defendant is visibly pregnant. 10. Julio Carrillo used extreme manipulation, deception, and isolation to reinforce his absolute control over Defendant. On February 25, 2018, Julio Carrillo instructed Defendant to tell detectives that they shared “50/50 responsibility” for Marissa’s death. ul During a break between interrogations, Maine State Police Detectives placed Julio Carrillo and Defendant in a room together and left a recording device to capture any conversation. The Maine State Police ‘Transcript of Interview from February 25, 2018 (p. 1389) documents Julio Carrillo instructing Defendant that if they do not “stand together” he’s “going to get in more trouble.”