- By JOEL E. MAST, Examiner Correspondent
There is no excuse for Brittany Pilkington killing her three sons over a 13-month period, her lead attorney acknowledged Tuesday as the 27-year-old woman entered guilty pleas to two counts of murder and a first-felony count of manslaughter.
“No human being should suffer as she has suffered,” Kort Gatterdam told Assigned Logan County Common Pleas Judge Mark S. O’Connor. “It does not excuse her behavior but, by God, it sure explains it.
“In my 31 years (as a defense attorney), never have I seen a case so complex.
“But we now know Brittany’s brain is broken.”
Gatterdam explained it took years of analysis by multiple mental health professionals and doctors to fully understand the extent of Pilkington’s condition and to begin treating it, all of which helped him and his team of Marc Triplett and Tina McFall convince their client it was best to plead to the charges.
Tuesday, Pilkington admitted to rolling over onto infant Niall Pilkington while they slept in her bed in July 2014. Rather than call for medical help, she simply placed him back in his bed.
Further, she admits she intentionally suffocated Gavin, 4, on April 6, 2015 and infant Noah on Aug. 18, 2015.
With her guilty pleas, Logan County Prosecutor Eric Stewart dismissed a 2015 indictment charging her with three counts of aggravated murder, each with death penalty specifications.
Both sides agreed Pilkington should serve seven years on the manslaughter charge and then consecutive life sentences on the murder counts.
She has been in the Logan County Jail since Aug. 18, 2015 and will receive credit for the time served.
Under state sentencing laws, she will have to serve a total of 37 years before she is eligible for a parole hearing.
The parole board does not have to grant a hearing upon the anniversary and there are no guarantees Pilkington will ever receive parole.
“It’s a bit surreal,” Stewart said after the hearing. “It is a dramatic conclusion and it brings relief and closure for the community.”
Speaking prior to sentencing, Stewart said, “I can’t speak on behalf of the three boys whose lives have been cut short … way too short.”
He noted the boy’s sister, Hayley, has been deeply affected by the loss of her siblings and the case has devastated relatives and foster parents who cared for Hayley and Noah after Gavin’s death.
Dave Grimes, one of the guardian parents of Hayley, spoke to the court and said the young girl continually wonders what colors and gifts her brothers would like.
She also questions whether or not she can ever be a good mother.
“Brittany robbed us all, but robbed Hayley the most,” he said.
Speaking for the boys, Grimes said, “Imagine the last thing you saw in this world was your mother as she smothered you to death.”
Recounting the years of work on the case, Stewart noted prosecutors offered a similar deal several years ago but it was not accepted by Pilkington.
As the case progressed and the defendant underwent multiple mental health, cognitive and medical diagnosis, both prosecutors and defense attorneys learned more about Pilkington.
Stewart said the state’s own forensic psychologist determined Pilkington’s cognitive disabilities would rule out a death sentence even if she were convicted of aggravated murder.
It was Gatterdam’s plan to drive home the years of abuse and early childhood exposure to lead if the case would have progressed to a death penalty phase.
“I am 100 percent sure we would have won that argument,” he said.
He recounted during the sentencing phase his client suffered developmental disabilities after exposure to lead as an infant.
Later, she endured neglect from her mother and sexual abuse from Joe Pilkington, who was brought into the home by her mother when the defendant was 8 years old.
Joe Pilkington later married the defendant after she became pregnant with Gavin at age 17. He was indicted in 2015 for sexual battery and later pleaded guilty to misdemeanor sexual imposition.
Court proceedings over the years revealed that authorities were aware of the situation but Brittany Pilkington never cooperated with authorities at the time.
Gatterdam explained during Tuesday’s hearing that his client learned to disassociate from reality as a way of dealing with the trauma from years of abuse.
It is why she she appeared stoic and unemotional after the deaths of her sons and in repeated court hearings up until Tuesday.
“It appeared she didn’t care,” Gatterdam said after the hearing, “but the exact opposite is true. She cries … she cries a lot.”
Incarceration has benefited Pilkington, he said both during and after the hearing.
Mental health counseling and treatment has helped her grow, the attorney said, and to realize the horrific magnitude of her actions.
“However, when given a structured environment, Brittany can do well,” Gatterdam said. “Sadly, she was safer and living a better life in jail.”
He said his client hopes others who are in abusive relationships or environments learn from Pilkington’s experience and seek help.
Toward that end, Gatterdam has filed motions to open public access to exam reports particularly a positron emission tomography scan which confirmed damage to the right frontal lobe of Pilkington’s brain.
“If anyone has any doubts, they can read it themselves,” he said. “They’ll have no doubts afterward.”