Attorney seeks insanity plea for Middletown mother accused in son’s death, court records show

HAMILTON — The attorney for the Middletown woman accused of murdering her son, James Hutchinson, has filed a motion seeking an insanity plea, according to court records.

>>PREVIOUS COVERAGE: Sheriff: Divers to resume Ohio River search for James Hutchinson after conditions improve

Brittany Gosney, 29, is facing 16 charges stemming from the death of her 6-year-old son in late February, including murder, kidnapping, endangering children and others.

>>RELATED: Timeline: How the investigation into James Hutchinson’s death unfolded

The motion to seek the insanity plea was filed Wednesday in the Butler County Court of Common Pleas by Gosney’s attorney David Washington.

“Defendant struggles to assist in her defense and counsel has serious concerns regarding defendant’s mental health,” Washington said in the court document.

>>RELATED: Trial dates set for mother, boyfriend charged in James Hutchinson’s death

Washington will seek a competency evaluation, a court-ordered mental health assessment meant to determine the defendant’s ability to understand the charges against them and assist in their own defense. The motion seeks for Gosney to be found not guilty by reason of insanity.

>>RELATED: Butler Co. Children Services had no prior contact with James Hutchinson’s family, prosecutors say

Wednesday’s motion comes after Washington filed a different motion last week to have evidence removed from the case including “the seizure and arrest of the defendant,” and “tangible evidence seized from the defendant,” court records show.

>>RELATED: Mother, boyfriend accused in death of 6-year-old indicted on 31 felonies

Gosney is accused of killing Hutchinson while trying to abandon him and his two older siblings at Rush Run Wildlife Area in Preble County in the early morning hours of Feb. 27. Hutchinson suffered a fatal injury when he grabbed onto the vehicle Gosney was driving as she sped away.

According to investigative records, Gosney said she intended to abandon the children after feeling pressure from her boyfriend, James Hamilton, 42, to do so.

After bringing Hutchinson’s body back to Middletown, along with the two other children who were not hurt, Gosney and Hamilton drove to Lawrenceburg, Indiana about 24 hours after the boy died. Investigators said the boy’s body was dumped into the Ohio River from the Carroll Cropper Bridge, the I-275 bridge that crosses the river.

>>Middletown custodian goes viral after posting emotional video on death of 6-year-old James Hutchinson

Search efforts to recover Hutchinson’s body have been ongoing since the discovery of information that police said Gosney confessed to.

On Wednesday, Butler County Prosecutor Mike Gmoser said search crews located a “target of interest” in the river near the Carroll Cropper Bridge using sonar and cadaver dogs. Investigators were clear that a body was not confirmed in that location, however there was a high likelihood a body could be there.

After searching the spot with divers, a body was not located. While the search was in the area where Hutchinson’s body was disposed of, crews were also looking for Nylo Lattimore, a 3-year-old Cincinnati boy who investigators said was also thrown into the river in December whose body has also not yet been recovered.

Preble County Sheriff Mike Simpson said divers faced dangerous conditions searching in the river yesterday and will resume their search when it is safe to do so.

We’ll continue to update this story as new details become available.

Cox Media Group