Court to decide if Logan County mom accused of killing kids will be evaluated

A Bellefontaine mother who is accused of killing her three children has a jury trial date set.

However, a part of the case is still under review in the Ohio Third District Court of Appeals.

READ: New information in Brittany Pilkington case

Brittany Pilkington is charged with three counts of aggravated murder in Logan County Common Pleas Court. She is accused of killing infant Niall in July 2014, 4-year-old Gavin in April 2015 and infant Noah on Aug. 18, 2015. If convicted, she could face the death penalty.

MORE: Doctors: Bellefontaine mom Brittany Pilkington has brain damage

Pilkington is scheduled to face a four-week-long trial starting on Jan. 7, 2019, according to online court records.

However, though the Logan County criminal case seems to be moving forward, an appeal filed to the Ohio Third District Court of Appeals has yet to be ruled on.

The issue at the center of the appeals court is whether an alleged confession by Pilkington that was recorded by police during an interview should be allowed as evidence during a jury trial.

The defense has filed motions to suppress the evidence from being heard because it says that confession isn’t true.

READ: Fate of taped alleged Pilkington confession lies in judge’s hands

In July, Pilkington’s lawyers submitted evidence that two doctors found that she suffers from brain damage from lead poisoning as a child and abuse. The evaluations were conducted by Dr. Jeffrey Madden, a neuropsychologist who previously taught at Ohio State University College of Medicine, and Dr. Howard Fradkin, a psychologist who specializes in sexual trauma.

MORE: Doctors: Bellefontaine mom Brittany Pilkington has brain damage

The judge reopened the motion to have the recording suppressed. Prosecutors sought an evaluation because Pilkington’s “state of mind is at issue,” according to an entry from O’Connor.

The judge ruled that the law allows for Pilkington to undergo the evaluation, despite the defense objecting. Defense attorneys have appealed the order for the evaluation to the Ohio Third District Court of Appeals.

The attorneys have argued their case to the panel of judges, court administrator Gregory Miller said. There has not been a decision yet.

“The release date is unknown,” Miller said. “Most cases are out within two to four months.”

Pilkington is scheduled to be back in court on Aug. 15, 16 and 17 for a motion hearing.

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