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BRITTANY PILKINGTON |
Issues at the heart of legal efforts to throw out Brittany Pilkington’s Aug. 18, 2015, confession could set a statewide precedent that would open the way for pros- ecutors to use forensic psy- chological examinations to bolster their case, her attor- neys argued in an appeal filed Tuesday with the Ohio Supreme Court.
“As this matter is one of first impression, this Court must review the Third District’s decision,” attorneys Kort Gatterdam, Marc S.
Triplett and Tina McFall argued in their brief asking the court to take the case.
“If the trial court’s ruling is permitted to stand,” the filing continues, “the State will have the ability, in any criminal case where a suppression motion is filed, to seek a psychological evaluation simply to be prepared for anything the defense may argue.
“This would conflict with a criminal defendant’s Fifth, Sixth, and Fourteenth Amendment rights under the United States Constitution and corresponding provisions of the Ohio Constitution. This would set a dangerous precedent for all future criminal cases and thus, this matter impacts numerous current and future criminal defen- dants across Ohio.”
Read complete story in Thursday’s Examiner.
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