Jeffrey Hugh Brown, 38, right, and Crystial Ballenger, 24, both face capital murder charges in the death of Ballenger’s son, Hoss Wayne Benham.

Editor’s Note: The death of Hoss Wayne Benham led to capital murder charges against the child’s mother and her boyfriend.

A Cullman County mother and her boyfriend have remained in jail for a year following their arrest in connection with her 1-year-old child.

As the investigation moved forward, an autopsy report revealed the child died from various wounds. 

Crystal Ballenger, the child’s mother, and her boyfriend, Jeffrey Hugh Brown, were arrested immediately following the March 11, 2014 death of one year-old Hoss Wayne Benham, and have remained incarcerated without bond ever since. Both have been ordered to undergo mental evaluations.

Released in August, Benham’s autopsy indicated the child had suffered 89 injuries prior to his death. That report let to the addition of capital murder indictments in October against both suspects.

Ballenger and Brown were arrested a few days after the death and have remained incarcerated since that time. According to Brown’s court records, the state intends to seek the death penalty if he is convicted.

Ahead of the release of state-conducted mental evaluations on each suspect, Brown’s defense team has requested Circuit Judge Martha Williams to forbid anyone connected to his case from releasing information to, or discussing it with, the media.

Attorneys Sara Baker and Josh M. O’Neal motioned the court this month to impose “an order prohibiting all attorneys, parties, witnesses, law enforcement personnel and court personnel who are connected to the prosecution or investigation of this case from extra judicially releasing information in any form, to any agent or employee of any news media, concerning any aspect of these proceedings.”

Over the past six weeks, the circuit court has ordered separate mental evaluations for each suspect. Ballenger’s case is set for Circuit Judge Greg Nicholas’ docket; Brown’s is set for Williams’ docket.

The mental evaluations will be performed by the Alabama Department of Mental Health. No timetable has been given for when the results will be returned.

Ballenger and Brown were each indicted in October on charges of sexual torture, capital murder of a child and capital murder during sexual abuse.