HAMILTON — A Butler County judge now says the public can see a report on the mental health of the Middletown mother accused of killing her six-year-old son, James Hutchinson.
Last week, Judge Noah Powers ruled that Brittany Gosney is competent to stand trial after he reviewed a psychologist report as part of a court-ordered mental evaluation.
On Monday, the judge made his decision about whether the public should have the right to know what is in the report.
The hearing happened after a public records request from a local news organization.
Gosney’s defense attorney argued he did not want the document released by calling details in it “sensitive.”
“It contains statements made by my client that may be prejudicial if in fact released to the general public. I think that the interest in having a fair and impartial jury, having a fair trial are served by the court by not allowing much of the report to be released at this time,” Gosney’s defense lawyer, David Washington said.
Prosecutors stayed neutral during the hearing.
“The state is not taking a position, your honor,” Kelly Heile, Assistant Butler Co. Prosecutor said.
The judge decided the report is public record with the exception of six paragraphs and one other sentence he ordered to be redacted from the ten-page document.
After the judge decided to release Gosney’s competency report, News Center 7′s I-Team obtained a copy of the document.
The report showed that at one point the psychologist wrote of her evaluation of Gosney saying “She did not appear to present with distress as she discussed the offenses charged, including the death of her youngest child instead, discussing this in a matter-of-fact manner and presenting with no emotional attachment to others.”
The I-Team was also able to see what Judge Powers has previously read in open court from the paperwork.
He said a psychologist found Gosney had an “underlying personality disorder,” but was “not considered to have a severe mental illness.”
Gosney’s attorney withdrew a “not guilty” by reason of insanity plea after the court’s decision to rule her competent to stand trial.
Gosney’s next court appearance is May 24 when the trial is scheduled to begin.