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PILKINGTON |
Legal arguments on dozens of defense motions to weaken the prosecution’s capital murder case against Brittany Pilkington are months away.
The 24-year-old Bellefontaine woman was charged in late August with three counts of aggravated murder, each carrying the possibility of death. She is accused of smothering her three young sons over a 13-month period.
Her defense team led by Kort Gatterdam have filed 59 motions, most covering procedural issues such as jury questioning, court instructions given to the jury and handling of evidence and discovery.
Mr. Gatterdam filed six more motions April 1, seeking once again to dismiss the death penalty specification by citing a U.S. Supreme Court ruling in January regarding Florida’s law.
An earlier motion to dismiss the death penalty provisions was previously dismissed by Logan County Common Pleas Court Judge Mark S. O’Connor.
Chief Assistant Prosecutor Eric Stewart said Florida law differs from Ohio’s and he intends to argue the death penalty is constitutionally applicable in this case.
Mr. Gatterdam also is asking the court to hold separate trials for each count which might be a roundabout way to scuttle the death penalty component.
The indictments against Ms. Pilkington took into account a continuing course of action to add the death penalty specification.
Three separate trials could make it harder to seat juries and limit any mention of a continued course of action during the separate penalty phases.
Ms. Pilkington’s team continues to push to have statements she made to detectives of the Bellefontaine Police Department thrown out.
Detectives spent hours with her Aug. 18 after the third son, Noah, a-month-old infant, was found dead in his crib.
They had developed a rapport with the mother while investigating the deaths of infant Niall on July 22, 2014, followed by Gavin, 4, on April 6, 2015.
She allegedly confessed to smothering all three as they slept.
Judge O’Connor has given prosecutors until April 27 to respond to the latest motions. He also has set a four-day hearing from July 19 through 22 to hear arguments on the defense motions.
Mr. Gatterdam is actively involved in a major federal gang trial in Columbus and will need time to prepare for the motion hearings.
Ms. Pilkington’s four-week trial is set to start Oct. 18.