 |
A decision on whether or not all or some of Brittany Pilkington’s confession will be admitted at trial could come early next week.
Presiding Judge Mark S. O’Connor has reviewed closing briefs from the defense team and Logan County Prosecutor Eric Stewart in the capital murder case and testimony presented Jan. 8 and 9.
Pilkington, 25, is accused of killing her three sons during a 13-month period starting in July 2014.
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.
If convicted, she could face a sentence of death. O’Connor has reopened a 2016 suppression hearing to determine if a confession Pilkington gave Aug. 18, 2015, should be admitted as evidence in her capital murder trial slated to start March 18.
Pilkington’s team of Kort Gatterdam, Marc Triplett and Tina McFall have presented affidavits and testimony from psychologist Dr. Howard Fradkin and neuropsychologist Dr. Jeffrey D. Madden that Pilkington’s 2015 confession was not voluntary because of her brain damage; history of physical, emotional and sexual abuse; and mental illness.
They maintain she could not handle the pressure of more than six hours of questioning over a nine-hour period following Noah’s death and that she was deprived of food, water and restroom breaks.
Not only should O’Connor throw out the entire confession, they argued in briefs, he should also toss out the possibility Pilkington will face the death penalty.
“This court now has ample evidence in its possession that the imposition of the death penalty under these circumstances is improper,” they wrote. “The defense asks this court to exercise its inherent authority to find, after hearing testimony and receiving the exhibits from the recent hearing, that the death penalty specifications can no longer stand.”
Read complete story in Friday’s Examiner.
CLICK HERE to subscribe today!
WEB EDITION STARTING AT $9.50 FOR 5 WEEKS!