Hamilton Journal News

Middletown woman could plead insanity

Attorney says he has questions concerning Gosney’s mental health.

- By Lauren Pack Staff Writer

The attorney for a Middletown mother charged with killing her 6-year-old son and disposing of his body in the Ohio River says he has concerns about the woman’s mental health and her ability to assist in her defense.

Brittany Gosney, 29, and her boyfriend, James Hamilton, 43, were indicted March 5 and arraigned last week in Butler County Common Pleas Court on a combined 31-count indictment for the slaying of 6-year-old James Hutchinson on Feb. 26 in

Brittany Gosney is charged with murder, abuse of corpse and tampering with evidence in her son’s death.

rural Preble County and the disposal of his body days later in the Ohio River.

Court-appointed attorneys

Gosney

David Washington for Gosney and Jeremy Evans for Hamilton entered not guilty pleas on behalf of the defendants, and Judge Noah Powers II set bond at $2 million for Gosney and $750,000 for Hamilton.

But Gosney’s plea could change to not guilty by reason of insanity in future hearings, according to Washington.

Washington filed a motion Wednesday indicating his intention to pursue a not guilty by reason of insanity plea and a question of competency for Gosney to stand trial.

“(Gosney) struggles to assist in her defense and counsel has serious concerns regarding defendant’s mental health,” Washington wrote in the brief motion.

Washington told the Journal-News he is concerned about Gosney’s mental health and her circumstan­ces at the time “the alleged offenses occurred, that is the (not guilty by reason of insanity plea).”

He added that the competency question is based primarily on the statement she made at arraignmen­t in Middletown Municipal Court on March 1.

“I have a learning disability ... I don’t understand what you’re saying,” Gosney told Judge James Sherron when he read the charges against her and asked if she wanted an court-appointed attorney.

Washington said he expects the plea to be addressed Monday in a scheduled pre-trial hearing.

Law enforcemen­t and search and rescue teams have continued to search the

James Hutchinson

Ohio River van to the Lawrencebu­rg, in Lawrencebu­rg, Indiana, area and threw the body into the Ohio River, Ind., for according to police. the boy’s Gosney and Hamilton are body, but as facing felony crimes against of Wednesday all three children, including afternoon murder, involuntar­y manslaught­er, it had gross abuse of a not been corpse and endangerin­g children for Gosney and kidnapping, gross abuse of a corpse, kidnapping and endangerin­g children for Hamilton.

According to the Preble County Sheriff’s Office report, Gosney said she was under pressure from Hamilton to get rid of Hutchinson and his two siblings, ages 9 and 7. The 29-year-old mother drove the three children in a 2005 Dodge Caravan to Rush Run to abandon them.

recovered.

Hamilton is also scheduled to be back in court Monday for pretrial hearing.

Middletown police say Gosney confessed to killing James Hutchinson, a first-grader at Rosa Parks Elementary, as he clung to her minivan when she attempted to abandon him and his two siblings at Rush Run Wild Life Area.

Gosney and Hamilton put Hutchinson’s body in a spare room under a window at their Crawford Street home, they told police. At about 3 a.m. on Feb. 28, they drove down Interstate 275 in the

 ?? MICHAEL D. PITMAN / FILE ?? Fairfield Twp.’s annual spring cleanup day is April 10 and partners with Habitat for Humanity’s Rock the Block program. Pictured is work in April 2019, where hundreds of volunteers filled over 11 dumpsters with debris from the Five Points area.
MICHAEL D. PITMAN / FILE Fairfield Twp.’s annual spring cleanup day is April 10 and partners with Habitat for Humanity’s Rock the Block program. Pictured is work in April 2019, where hundreds of volunteers filled over 11 dumpsters with debris from the Five Points area.
 ?? NICK GRAHAM / STAFF ??
NICK GRAHAM / STAFF

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