BUTLER COUNTY, Ohio (WDTN) — Brittany Gosney, who was indicted for charges related to the murder of her son, 6-year-old James Hutchinson, has filed a motion to suppress evidence in her upcoming trial.

Court documents submitted by her attorney ask that evidence obtained illegally by the state not be used against her. These documents suggest that her seizure and arrest, as well as tangible evidence taken from Gosney, should be tossed out.

The motion also asks that the prosecution demonstrate to the court why the evidence, and her arrest, should not be dismissed.

Gosney and her boyfriend, James Hamilton, were indicted by the Butler County Grand Jury on a combined total of 31 charges. Both have submitted pleas of not guilty to the court.

The judge is considering whether to try them together or separately, but for now their jury trial is set for Monday, May 24, at 8:30 a.m. with a pre-trial set for Monday, March 22, at 8:30 a.m.

WDTN.com will update this story when more information is available.