Alleged Murder Seeks New Prosecutor

A prosecutor's employee interrogated Ohio woman Brittany Pilkington, 23, without a lawyer present after she was accused of suffocating her three sons out of jealousy of the attention her husband gave them. Her trial is set for March for aggravated murder charges, and she faced the death penalty if convicted. Pilkington has pleaded not guilty. A judge has set a hearing for January 22 for the motion.

The motion is asking the court to disqualify the Logan County Prosecutor's Office to ensure fairness because Pilkington was interrogated while in custody and without her attorney's knowledge. The motion states the the interrogation violated her constitutional right to have counsel present and that it provided additional information to use in her prosecution. It also says that the employee who was questioning Pilkington could be called as a prosecution witness, which would create a conflict of interest.

County Prosecutor William Goslee said the interview didn't have to deal with her case, but an assault case against her husband. Joseph Pilkinton, 44, plead not guilty to sexually assaulting her when she was a teenager after he lived in her house for years as a stepfather figure.

Police are saying that he isn't a suspect in the children's deaths.

Goslee said that he was never briefed on what was said in that interview, and nothing for it has been used for Brittany Pilkington's trial.

An Ohio State University criminal law professor said that he doesn't see anything illegal in interviewing the wife to build a different case against her husband even though it would have been better to interview her with an attorney present.

Comments from Allen:

It is not uncommon for a criminal defendant to want to have the prosecutor removed from his/her case. It is very tough to do, and the motion rarely succeeds.


Government subdivisions have budgets, and out of those budgets must pay for the cost of prosecuting those accused of breaking the law. Having one office within a county, with a staff of full-time lawyers, is much cheaper than hiring outside firms to handle individual cases. For this reason, no judge is going to force a county to hire an outside attorney to prosecute a case unless there is a very, very compelling reason to do so.

In Ms. Pilkinton's case, had the prosecutor used the interview on the unrelated case to gather information to be used in the murder case, that might be a good reason.  Since Ms. Pilkinton was, herself, a crime victim and witness in the case in which she was a victim, the prosecutor's office had an obligation to interview her concerning what happened in that case, and use that information to prosecute her husband.

Sort of.

In my opinion, these two cases are not wholly unrelated.  Both concern Brittany's feelings toward Joseph Pilkington.  In the murder case, her feeling toward Joseph may have been her motive for murder.  In the rape case, her feelings for him may have allowed her to become a victim, and that relationship carried on after she reached legal age and married him.

While the prosecutor may have not intended to gain any information about the murder case while investigating the rape case, there is, I believe, a built-in conflict of interest here.  There is a washover of evidence about one case that can be used in the other.  I disagree strongly with the Ohio State law professor:  this lady's rights have been violated and the same office should not be investigating both crimes.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.cbsnews.com/news/ohio-woman-accused-of-killing-3-sons-seeks-new-prosecutor/

http://www.cbsnews.com/news/new-background-on-brittany-pilkington-ohio-mom-accused-of-killing-3-sons/

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