Photo courtesy of the family

Aveion Lewis' mother and stepfather are charged in the toddler's death.

Morgan Elizabeth Ward Lockett was so abused by her husband that she may not have been able to form the intent to kill her son Aveion Lewis -- the intent necessary to sustain the first-degree murder charge against her, one of her attorneys said Wednesday.

Court-appointed attorney Tommy Strelka asked Roanoke Circuit Court Judge Clifford Weckstein during a pretrial hearing to approve money for a psychologist to evaluate Lockett. Strelka said he needed to explore the effects of physical and mental abuse on his client and gain a better understanding of life in the Lockett household in Southeast Roanoke before 2-year-old Aveion's death in January.

Lockett, 23, and her husband Brandon R'eal Lockett Sr., 24, were charged with murder, felony homicide, child neglect and cruelty after Aveion's body was found in a Roanoke County landfill, nearly two weeks after Brandon Lockett reported his stepson had been kidnapped. Prosecutors and police have said Aveion suffered a broken arm and burns in the weeks before his death, and received no treatment for his injuries.

On Tuesday, Morgan Lockett sat silently, rarely raising her eyes from the tabletop in front of her as her body shook throughout the hearing.

Assistant Commonwealth's Attorney Sandra Workman protested Strelka's request for a psychological evaluation, saying it sounded as if he was trying to mount an insanity defense. Virginia law sets strict rules for an insanity defense and requires that any psychological evaluations be shared with prosecutors.

Weckstein asked if Strelka was trying to raise a "Trojan Horse insanity defense." Strelka denied it, but Weckstein said he was not convinced. The judge rejected the motion for money for a psychological evaluation, but said Strelka could renew the request if he could more clearly explain the distinction between his planned defense of Morgan Lockett and an insanity defense.

Weckstein did agree to add money to an already-approved request for an investigator to help interview witnesses and search records.

Strelka said he also wanted a doctor to review medical records, but Weckstein denied the request, again saying Strelka could renew the motion if he could raise new arguments. Strelka said he planned to do so.

Outside the courtroom, Strelka didn't elaborate on the abuse, except to say that Brandon Lockett "controlled every aspect of their lives."

Brandon Lockett's attorney, Rachel Jackson of the city public defender's office, declined to comment on the abuse allegations.

Morgan Lockett's trial had been scheduled for late October, but Weckstein said that next week he would set a new, later date to give the defense more time to prepare its case.

No trial date is scheduled for Brandon Lockett.