AUGUSTA, Maine (AP)   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 Chris 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.

Sharon and Julio Carrillo have pleaded not guilty to charges in the death of her daughter, Marissa Kennedy.