Defense attorneys for Brittany Pilkington will have until June 15 to determine whether or not they agree a DNA test proposed by prosecutors is the best available option and necessary.
Logan County Common Pleas Judge Mark S. O’Connor set the date after Marc S. Triplett asked for 30 days to respond.
Chief Assistant Prosecutor Eric Stewart said prosecutors want a blood sample from the 23-year-old defendant to definitively disprove genetic defects led to the deaths of her three sons over a 13-month period.
“We don’t believe there will be genetic evidence of defects,” Mr. Stewart said. “But because of pending Children’s Services case at the time of the third son’s death, it is incumbent upon the state to gather all evidence even though she has since confessed to smothering the boys.”
He said Ms. Pilkington and her husband, Joseph, made claims Niall, one month, and Gavin, 4, may have died from genetic defects.
Infant Noah’s death on Aug. 18 changed the direction of investigations into Niall’s July 22, 2014, and Gavin’s April 6, 2015, deaths from undetermined to homicides.
A blood sample has been collected from Mr. Pilkington, but prosecutors need the mother’s sample to complete the tests which take five to six weeks.
Mr. Stewart noted defense attorneys have filed dozens of motions contesting the state’s case, including arguments against a competency evaluation of the defendant.
Ms. Pilkington is charged with three counts of capital murder. She could face the death penalty if convicted and a jury determines the sanction is appropriate.
Hearings on dozens of defense motions is set for July 19 through 22. Her trial is set for Oct .18 through Nov. 11.
Her husband, Joseph, 43, faces his own legal battle. He has been charged with sexual battery for impregnating her when she was a minor and before they were married.
He was living in her home fulfilling a stepfather role when she became pregnant with Gavin.
Prosecutors have DNA evidence to prove he is Gavin’s father.
His trial is set for July 26 and 27.