No decision yet as Bellefontaine father seeks to throw out charges

The father of three Bellefontaine boys who were allegedly murdered by their mother was supposed to appear in court Tuesday, but the hearing was delayed.

Joseph Pilkington is the husband of Brittany Cummins Pilkington, the Bellefontaine mother accused of smothering her three young sons to death from July 2014 to August 2015. She faces the death penalty if convicted of three capital murder charges.

Joseph Pilkington was scheduled for a hearing to ask that the criminal case against him be dismissed. Lawyers and the judge met in the judge’s chambers Tuesday, but no decisions in the case were made and the hearing was continued, according to court records.

Joseph Pilkington was charged with sexual battery and arrested in September for allegedly starting a sexual relationship with Brittany Cummins while she was a minor and he was a step-father figure living in her home. He was involved in a relationship with her mother from the time she was a child and purported himself to be her parent at school and at doctors’ appointments, prosecutors have said.

Another pretrial hearing was scheduled for July 11, according to court records, and his trial is scheduled for July 26 and 27. He is currently out of jail after he posted a $10,000 bond, jail records show.

Brittany Pilkington remains in the Logan County Jail as her case unfolds in court.

A suppression hearing is scheduled to begin July 19 in her case, according to court records. Brittany Pilkington’s lawyers have filed motions that certain evidence in the case be withheld.

Her trial is scheduled to begin Oct. 18.

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