The attorney for Ivan Henk has filed notice of his intent to use an insanity claim in trial defense of his client, who is accused in the death of his four year old son.
Attorney Jerry Soucie filed the notice in Cass County Wednesday.
Prosecutors have said they will seek the death penalty in the case.
The body of four year old Brendan Gonzalez has not been found. He was last seen January 6, 2003, when he left his Plattsmouth home with Henk.
Henk later told authorities he had killed the boy and put his body in a trash bin near Bellevue. That led to a lengthy and unsuccessful search of the Sarpy County landfill.