OH - James Hutchinson, 6, abused, thrown in river, Middletown, 28 Feb 2021 *GUILTY*

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Mom accused of killing 6-year-old son James Hutchinson to plead insanity: Report
"According to WKRC, Gosney’s lawyer filed a motion this week for a not guilty by reason of insanity defense. The motion also argued that Gosney is not competent to stand trial.

“Defendant struggles to assist in her defense and counsel has serious concerns regarding defendant’s mental health,” the court filing states, according to the report.

The local news report appears to corroborate statements made by the Butler County prosecutor Wednesday that searchers may have hit on possible remains in or near the Ohio River. But search crews have not yet found the body of Hutchinson or 3-year-old Nylo Lattimore, another child who is presumed murdered. Lattimore has not been seen since December and police reportedly believe the suspect in his mother’s murder also killed the little boy."
I called it! Need to find the post # but when they were saying she couldn’t understand things, I said she (her lawyer) was setting up insanity plea. Oh I’m furious! MOO

ETA post #154
 
It was not immediately clear Thursday when her competency would be evaluated and then considered during a hearing in Butler County Common Pleas Court.

Criminal defense attorney Mark Krumbein says both sides will look at Gosney’s mental health history, including whether she’s taken certain medications.

“And if there’s not a strong background, and if the defense can’t find a doctor to say that she’s insane, then she’s really in huge trouble as far as the defense is concerned.”
Mother charged with murdering James Hutchinson, 6, to seek insanity defense


"She would have to show that at the time of the act, the disappearance of this child, that she did not know the wrongfulness of her actions," said Thaddeus Hoffmeister, a professor at the University of Dayton School of Law.

Gosney and Hamilton are both due in court Monday.

Crews say they will continue searching the river for Hutchinson's body when it is safe. Butler County Prosecutor Mike Gmoser says the case will move forward with or without Hutchinson's body.
Legal experts say woman accused of killing son faces big challenges using insanity defense
 
Insanity and developmental delays are NOT the same thing and aren't even remotely equivalent. Nope. She knew what she was doing, come on. I don't understand why the other adult in the car didn't say anything either, though? You witness a mother, or anyone, abandoning 3 kids in the middle of nowhere and do nothing to stop it? Wow.
 
Insanity (legal definition) is a lot harder to prove than most people think. That's reassuring. She may not be smart and have mental health issues but she knew right from wrong as evidenced by disposing of the body.
I'm following the Kevin Bacon murder here at WS- Mark Latunski the man who killed him is a real nut case. He was actually declared mentally unfit, put in a treatment facility, then declared fit again and will stand trial.

Brittany's attorney can try that ploy, but it will never fly and Washington Jr should know that. I view it as a delay/throw spaghetti at the wall tactic if nothing else.

I wonder who has the other kids, hoping this horrific tragedy brings them to people who will love & cherish them the rest of their lives.
 
I'm following the Kevin Bacon murder here at WS- Mark Latunski the man who killed him is a real nut case. He was actually declared mentally unfit, put in a treatment facility, then declared fit again and will stand trial.

Brittany's attorney can try that ploy, but it will never fly and Washington Jr should know that. I view it as a delay/throw spaghetti at the wall tactic if nothing else.

I wonder who has the other kids, hoping this horrific tragedy brings them to people who will love & cherish them the rest of their lives.
I hope they can have a normal life. Wherever they are at least it's not with someone willing to abandon them in the woods at dark or run over them with a car.
 
i feel u, but if they were bad attorneys the perps would get off on technicalities or get new trials due to insufficient representation.
well, I don’t want them to be THAT bad. ;)
Yea them pulling out an insanity defense is not even a little surprising to me, but can the influence of drugs be a reason for insanity consideration in this kind of case? If so, that’s total BS. That’s my very unofficial and non LE related opinion. MOO JMO I question the sanity of anyone who does something like this. It’s certainly not normal behavior but to say you didn’t know it was wrong to leave your kids in a dark park in Ohio Winter, run one over and then come back to get him, find him dead and throw him in the river? I just don’t see how this can all be something that you didn’t know was “wrong” to do. I mean if you didn’t know it was wrong, why go in the dark? Why leave and come back? Why dispose of him this way? Nope. Nope nope nope. :eek:MOO MOO MOO
 
I don't think I can follow this, this precious little boy and what he must have been thinking and feeling as that monster dragged him with her car....
Its mind numbing, I am eternally grateful that this is incomprehensible to me - I never want to understand why a human would do this to a child, not only a child but a child that they created, one they gave life to.
Wtf is wrong with these people!
All I have left is a shed load of expletives for the monster that did this and so so many tears for this little boy who should have only ever known love, safety and happiness.
 
Clearly this lady isnt a member of Mensa.... but I wasn't aware that not being Albert Einstein & showing up to court with your hair looking like you had 47 bad perms back to back meant that you could claim you were insane. :rolleyes:o_O

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well, I don’t want them to be THAT bad. ;)
Yea them pulling out an insanity defense is not even a little surprising to me, but can the influence of drugs be a reason for insanity consideration in this kind of case? If so, that’s total BS. That’s my very unofficial and non LE related opinion.
Sniped for focus.

My criminal law Professor used to say "you did it drunk, you thought about it sober" so that's a hard no IMO.
Insanity means a break from reality that renders you objectively unaware of either what you did, its consequences or both

"Generally speaking, criminal insanity is understood as a mental defect or disease that makes it impossible for a defendant to understand their actions, or to understand that their actions are wrong."

Taken from the Cornell Law School website.
 
BUTLER COUNTY, Ohio (FOX19) - The Middletown mother and her boyfriend who are charged in the death of her 6-year-old son and throwing his body in the Ohio River returned to court for a brief hearing Monday.

Brittany Gosney, 29, and James Hamilton, 43, face a combined 31-count indictment in connection with the slaying of first-grader James Hutchinson.

Both initially pleaded not guilty, but now Gosney plans to pursue the insanity defense. Her lawyer filed paperwork seeking to change her plea to not guilty by reason of insanity.

Butler County Common Pleas Court Judge Noah Powers ordered Gosney to undergo a psychological examination. Her cooperation is required for her competency hearing April 22.

Mother and boyfriend charged in death of 6-year-old Middletown boy return to court Monday

There is a 24 minute video of the first hearing in the body of the news story, interesting to observe body language of the defendants.
 
BUTLER COUNTY, Ohio (FOX19) - The Middletown mother and her boyfriend who are charged in the death of her 6-year-old son and throwing his body in the Ohio River returned to court for a brief hearing Monday.

Brittany Gosney, 29, and James Hamilton, 43, face a combined 31-count indictment in connection with the slaying of first-grader James Hutchinson.

Both initially pleaded not guilty, but now Gosney plans to pursue the insanity defense. Her lawyer filed paperwork seeking to change her plea to not guilty by reason of insanity.

Butler County Common Pleas Court Judge Noah Powers ordered Gosney to undergo a psychological examination. Her cooperation is required for her competency hearing April 22.

Mother and boyfriend charged in death of 6-year-old Middletown boy return to court Monday

There is a 24 minute video of the first hearing in the body of the news story, interesting to observe body language of the defendants.
I guess she's trying to act crazy? Or her version of it? She's in for a big surprise when she meets the court-appointed psychiatrist/mental health evaluator. She's already demonstrated she is competent and understands her actions and the consequences. MOO
 
I'm not very good with words but I have to say I can't understand how people who do these horrible things to children can sleep at night or just continue with things as if nothing has happened. How do they live with themselves and to lie and say they didn't do it I will never understand. I hope this sweet boys body is found but I wouldn't believe her as to were his body is dumped she's a liar he could be anywhere. MOO
 
This was done “with purpose to terrorize and/or inflict serious harm” to the children, prosecutors wrote.

According to Middletown police, Brittany Gosney confessed to killing her youngest child Feb. 26 as he tried to get back into her minivan when she abandoned him and his two siblings, 9 and 7, at Rush Run Wild Life Area in Preble County.

Gosney left the park but went back for the children about 30 or 40 minutes later, police have said. She put them in the van and returned to their Middletown home.

That’s where prosecutors say Gosney and her boyfriend, James Hamilton, put her son’s body in a spare room and left it there 48 hours before driving to the Ohio River in Lawrenceburg, Indiana, court records show.

At some point, a concrete block was tied to the first grader’s body before they threw it into the water, prosecutors wrote.

The latest court records also allege Gosney and Hutchinson removed the hard drive from video cameras at their residence along with tape and rope and hid them at another location.
Middletown mom hog-tied, gagged children before killing 6-year-old son, prosecutors reveal
 
This was done “with purpose to terrorize and/or inflict serious harm” to the children, prosecutors wrote.

According to Middletown police, Brittany Gosney confessed to killing her youngest child Feb. 26 as he tried to get back into her minivan when she abandoned him and his two siblings, 9 and 7, at Rush Run Wild Life Area in Preble County.

Gosney left the park but went back for the children about 30 or 40 minutes later, police have said. She put them in the van and returned to their Middletown home.

That’s where prosecutors say Gosney and her boyfriend, James Hamilton, put her son’s body in a spare room and left it there 48 hours before driving to the Ohio River in Lawrenceburg, Indiana, court records show.

At some point, a concrete block was tied to the first grader’s body before they threw it into the water, prosecutors wrote.

The latest court records also allege Gosney and Hutchinson removed the hard drive from video cameras at their residence along with tape and rope and hid them at another location.
Middletown mom hog-tied, gagged children before killing 6-year-old son, prosecutors reveal
O sweet Lord! How much worse will we hear before this is done?
 
BUTLER COUNTY, Ohio (FOX19) - The Middletown mother and her boyfriend who are charged in the death of her 6-year-old son and throwing his body in the Ohio River returned to court for a brief hearing Monday.

Brittany Gosney, 29, and James Hamilton, 43, face a combined 31-count indictment in connection with the slaying of first-grader James Hutchinson.

Both initially pleaded not guilty, but now Gosney plans to pursue the insanity defense. Her lawyer filed paperwork seeking to change her plea to not guilty by reason of insanity.

Butler County Common Pleas Court Judge Noah Powers ordered Gosney to undergo a psychological examination. Her cooperation is required for her competency hearing April 22.

Mother and boyfriend charged in death of 6-year-old Middletown boy return to court Monday

There is a 24 minute video of the first hearing in the body of the news story, interesting to observe body language of the defendants.

in my state, they just send you to the state hospital to get your meds right then send u back to court. some refuse their meds and get sent back and forth. they end up spending A LOT of time incarcerated so they really dont "get off" in the true meaning.
 

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