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Mental health evaluation to push back trial for man accused of killing Nylo and Nyteisha Lattimore

Desean Brown2.JPG
Posted at 11:33 AM, Aug 29, 2022
and last updated 2022-08-29 11:33:11-04

CINCINNATI — Attorneys for the man accused of killing Nyteisha Lattimore and putting her 3-year-old son, Nylo, into the Ohio River while still alive claim he was mentally ill when he allegedly murdered them.

Defense attorneys hired a mental health professional to perform an evaluation on Brown; That evaluation claims Brown was suffering from "serious mental illness" when he allegedly killed the mother and son.

As a result, Brown's attorneys filed two motions: One requests the death penalty be dismissed in Brown's case because of the mental illness; a second motion requests to vacate Brown's trial schedule to allow the prosecution to appoint their own expert to evaluate Brown.

Prosecutors said they do intend to appoint an expert to perform their own evaluation, but said one hasn't yet been named. Because of the time this evaluation process will likely take, Judge Meghan Shanahan agreed to move the start of Brown's trial to October 26. A hearing will happen on Oct. 12 to determine whether that trial date will be sufficient, Shanahan said.

Brown was originally scheduled to face trial on October 17.

Brown is charged with two counts of murder, and one count each of felonious assault, gross abuse of a corpse and tampering with evidence. He is accused of murdering his then-girlfriend, Nyteisha Lattimore, and putting her 3-year-old son Nylo into the Ohio River while still alive in early December 2020.

Nylo's body has never been recovered.

In June, Cincinnati police detectives told the judge it appears Nyteisha was pregnant with Brown's child, but had a miscarriage. Detectives believe Brown killed her and Nylo out of retaliation for the miscarriage.

Less than one week later, Nylo Lattimore's father, Tonio Hughes, attacked his son's alleged killer in court, punching Brown in the head and neck during a procedural hearing. Hughes was charged with contempt of court, but was released from custody early.

WATCH: Father attacked his son's accused murderer in court