In a motion filed by Brittney Gosney's defense attorney on Wednesday, March 17, David S. Washington Jr. states that his client "struggles to assist in her defense and counsel has serious concerns regarding defendant's mental health."
He is seeking a competency evaluation and for leave to file not guilty by reason of insanity.
According to the Enquirer, Gosney told the judge during her first court appearance that she had a learning disability and didn't understand what was going. Middleton Police Chief David Birk previously stated that she "knows right from wrong" and understood her rights.
29-year-old Gosney has been charged with murder, involuntary manslaughter, two counts of gross abuse of a corpse, tampering with evidence, three counts each of kidnapping and abduction, and five counts of endangering children.
Police state that Gosney confessed to them that she had intended to abandon her three children at Rush Run Park in Preble County due to pressure from her boyfriend, 42-year-old James Hamilton.
While driving away, 6-year-old James Hutchinson is said to have grabbed on to the door handle of the van. It is believed he was drug and run over. When Gosney returned 30-40 minutes later Hutchinson was dead.
She returned home with her two other children and Hutchinson's body. Hamilton and Gosney are accused of dumping his body in the Ohio River near Lawrenceburg the following night.
Attempts to recover his body from the river are still underway.
Hamilton has been charged with three counts each of kidnapping, abduction, endangering children, gross abuse of a corpse, and tampering with evidence.
They both remain in custody and their next court date is scheduled for March 22 at 8:30 am for a pretrial conference. Their jury trial is scheduled to begin on May 24.