WICASSET, Maine (AP) A Maine mother charged with beating her 10-year-old daughter to death with her husband’s help is expected to ask a judge to annul the marriage.

The Portland Press Herald reports Sharon Carrillo’s lawyer, Christopher MacLean, says he plans to present evidence on Thursday showing that Julio Carrillo wasn’t legally divorced from Kathleen Carrillo, of Louisville, Kentucky, at the time he married Sharon Carrillo. MacLean says his client will testify.

Sharon and Julio Carrillo have pleaded not guilty to charges of depraved indifference murder of Marissa Kennedy.

Investigators have said the Carrillos acknowledged taking turns beating the girl before her death in February at their Stockton Springs condominium.

MacLean has said that Sharon Carrillo was abused and controlled by Julio Carrillo.