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Defense attorneys for Brittney Pilkington will file a motion by June 3 to argue their client should not face the death penalty because of her intellectual deficiencies.
As they have fought the three capital murder charges over 3 1/2 years, attorneys Kort Gatterdam, Marc Triplett and Tina McFall have tried suppress her Aug. 18, 2015, confession. They presented evaluations that she suffered from brain damage because of exposure to lead paint as an infant and severe emotional trauma and mental illness from years of sexual abuse as a child and teen, most committed by her mother’s boyfriend who later married the defendant and who was father to her four children.
Pilkington, 26, is accused of killing her three sons during a 13- month period starting in July 2014.
Authorities say she admitted during a recorded hours-long interview that she smothered the boys as they slept, starting with infant Niall on July 22, 2014 followed by Gavin, 4, on April 6, 2015 and infant Noah on Aug. 18, 2015.
Their sister, now 7, survives and is in the custody of family.
Pilkington was indicted on three counts of capital murder. If convicted, she could face a sentence of death.
Most of her confession will be allowed as evidence at her trial which is now set to start Sept. 23 and last three weeks.
Tuesday, Presiding Logan County Common Pleas Judge Mark S. O’Connor met with the defense and Logan County Prosecutor Eric Stewart.
O’Connor asked if the defense was ready to move ahead with plans for a motion and Gatterdam responded they were and it would be done by June 3.
The judge then set July 8 as the due date for Stewart’s response. The judge will then study the motions prior to oral arguments at 9 a.m. July 25. It will allow him time to render an opinion prior to starting the trial.
Pilkington remains in the Logan County Jail where she has been incarcerated since her Aug. 18, 2015, arrest.