|
BRITTANY PILKINGTON |
The Ohio Supreme Court today declined Brittany Pilkington’s appeal of a court order that she undergo a psychiatric evaluation.
At issue is whether a confession made by the 26-year-old Bellefontaine woman can be used at her trial.
Pilkington is accused of killing her three sons during a 13- month period starting in July 2014. She faces three counts of aggravated murder in the deaths of a toddler and two infants in 2014 and 2015. She has pleaded not guilty.
Pilkington’s attorneys argued the confession should be tossed after their experts concluded Pilkington has brain damage and a low IQ. Presiding Logan County Judge Mark S. O’Connor has ordered an independent psychiatric evaluation.
An appeals court upheld O’Connor’s order in May, and the Ohio Supreme Court today declined to hear the case.
Through her attorneys, Pilkington, 26, who faces three counts of capital murder, argued she should not have to submit to a compelled psychological exam.
Logan County Prosecutor Eric Stewart argued otherwise and pointed to a 2010 supreme court ruling, as reported in Friday’s Examiner.
“Since the defense has raised the defendant’s mental state as an issue, this court’s ruling … is controlling,” Stewart wrote in his brief.
“This court has specifically held that the prosecution may utilize evidence from a compelled examination to rebut the defendant’s own psychological evidence.”
Authorities say she admitted during the recorded hours-long interview that she smothered the boys as they slept, starting with infant Niall in July 2014 followed by Gavin, 4, on April 6, 2015, and infant Noah on Aug. 18, 2015.
Her trial has been delayed while her attorneys appealed a 2017 order from Judge O’Connor to undergo a forensic evaluation by a psychiatrist chosen by prosecutors.
Armed with affidavits from a neuropsychologist and a psychologist, Pilkington’s side asked the judge to reopen the suppression hearing.
They argued Pilkington’s brain damage and mental illness were so extensive that she could not fully comprehend the Bellefontaine Police Department’s interrogation.
Judge O’Connor agreed to reopen arguments to suppress the confession, but also ordered the suspect to undergo evaluation by a forensic psychologist picked by prosecutors.
On average, the state high courts take two to three months to decide whether or not to accept a jurisdictional appeal.
Currently, Pilkington’s trial is set for January. She could be sentenced to death if found guilty of the charges. She has been incarcerated in the Logan County Jail since her Aug. 18, 2015, arrest.