Brittany Gosney, charged with murder in the death of her 6-year-old son James Hutchinson, is seeking to plead not guilty by reason of insanity, according to court documents.
Gosney's lawyer, David S. Washington Jr., filed the motion in Butler County Common Pleas Court Wednesday.
"(The) Defendant struggles to assist in her defense and counsel has serious concerns regarding defendant's mental health," Washington wrote.
He will seek a competency evaluation for her mental status.
Middletown Police Chief David Birk has previously said Gosney "knows right from wrong" and understood her rights.
During her first court appearance in Middletown, she told the judge she had a learning disability and didn't understand what was happening.
Search teams are still looking for James' body in the Ohio River. Officials said Wednesday they spotted something using sonar, but as of Thursday afternoon, there was no word on a recovery.
Investigators said Gosney intended to abandon her three children, James and his two older siblings, in a Preble County Park on Feb. 26 due to pressure from her boyfriend.
James grabbed the door handle of her minivan as she was speeding away and was dragged, police said.
Officers said Gosney confessed she took her two other children and left the park for 30 to 40 minutes before coming back to James, who had already died.
The following night, Gosney and her boyfriend, James Hamilton, drove James' body to the river near Lawrenceburg, Indiana and threw him in, according to police reports.
Gosney initially reported her son missing, but police said she confessed to the killing after she was questioned.
Gosney is charged with murder, abusing a corpse and tampering with evidence. Hamilton is charged with abusing a corpse and tampering with evidence.
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