“The body for me, while I would like to have it, is unessential,” Gmoser said. “But you have to have other evidence of the factual circumstance of the crime other than a mere confession. Confessions are important, they give you a lot of direction. It helps you find other evidence. It tells your investigators where to go and where to look for other things that corroborate certain things.
“But there has to be other evidence of a crime.”
The prosecution has filed some evidence expected to be used in the case, including notice to the defense of DNA testing of two swabs from the floor of the Crawford Street house in which the family lives, records from Cincinnati Children’s Hospital for “LG” and “RG,” notes of “LG” and “RG” statements, dental records and police photos.
Gosney has pleaded not guilty by reason of insanity, and her attorney, David Washington, raised questions about her competency to stand trial. After reviewing the forensic phycological report that said Gosney was not suffering from any mental defect and was capable of understanding the charges against her, Butler County Common Pleas Judge Noah Powers II declared her competent to stand trial.
Washington said after the hearing that the not guilty by reason of insanity plea will be withdrawn. He also said he does not anticipate Gosney and Hamilton will be tried together.
“They need to be tried separately,” Washington said.
Court documents say Gosney and Hamilton, between Feb. 25 and Feb. 26, made efforts to “hog-tie” the hands and legs of Hutchinson and his siblings, ages 7 and 9, behind their backs and place cloths in their mouths, leaving them in that position for hours.
Hutchinson’s body was left in the house for almost 48 hours, and a concrete block was tied to his body before it was tossed in the river, according to court documents. Hutchinson’s body has not been found despite several searches in the water and along the banks of the river
Gosney said she was under pressure from Hamilton to get rid of Hutchinson and his two siblings, according to authorities.
Hamilton and Gosney are scheduled to be back in court May 24. Bond was set at $2 million for Gosney and $750,000 for Hamilton.