MANITOWOC, WI (WTAQ-WLUK) – Information about 2009 child abuse case will not be allowed at Timothy Hauschultz’s upcoming trial in connection with the 2018 death of Ethan Hauschultz, a judge ruled Monday.
Meanwhile, a decision could be made next week on how testimony from Damian Hauschultz will be presented at trial – or if the trial needs to be delayed to accommodate such testimony.
Timothy Hauschultz, 51, is charged with felony murder and other counts for allegedly ordering the punishment which led to death of Ethan Hauschultz, his 7-year-old great-nephew who he had custody of. His trial is scheduled to start Dec. 6.
Ethan Hauschultz was beaten, forced to carry a 44-pound log, and was buried in the snow before he died in April 2018, prosecutors say.
Two people have already been convicted in the case. Damian Hauschultz, now 17, who supervised Ethan’s punishment, is serving a 20-year prison sentence. Tina McKeever-Hauschultz, Tim’s wife, is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death.
Prosecutors asked permission to introduce evidence from a 2009 case at Tim Hauschultz’s trial. Hauschultz was originally charged with physical abuse of a child, but the case was resolved with a no contest plea to a reduced charge of disorderly conduct. Because Hauschultz referenced the 2009 incident during the investigation into Ethan’s death, prosecutors wanted to introduce evidence about it to the jury.
But during a hearing Monday, Judge Jerilyn Dietz ruled that the incident was too far removed from the current case, and with different circumstances. Most importantly, she said, the risk the evidence would unfairly prejudice the jury against Hauschultz outweighed the possible probative value of the evidence – and said it won’t be allowed at trial.
Meanwhile, another issue still to be decided involves the potential testimony of Damian Hauschultz.
Although he was convicted, Hauschultz may file post-conviction motions or appeal the conviction, and therefore will invoke his Fifth Amendment right not to testify, according to defense attorney Donna Kuchler.
She presented the court with three options Monday: the state offer Damian Hauschultz limited immunity – meaning he could testify at trial but that testimony could not be used in his own case; that Hauschultz be declared “unavailable” – and his previous testimony & statements be read into the record without him testifying; or the trial be postponed until after those post-trial issues are resolved. Since Tim Hauschultz has been in custody since February 2019, one of the first two options are preferred by the defense, Kuchler said.
Manitowoc County District Attorney Jacalyn LaBre said she needed more time to review the first two options, so arguments on the issue were postponed until next Monday.
Other pre-trial motions will also be discussed next week.
The Dec. 6 trial is currently scheduled to last five days. Tim Hauschultz previously rejected a plea offer from the state, in which prosecutors would have capped their recommendation for prison time at 14 years.
Timothy Hauschultz and McKeever-Hauschultz, were the court-appointed guardians for Ethan. They were not home at the time of the incident.
The complaint says on April 20, 2018, Timothy told his son Damian Hauschultz, then 14, to make sure 7-year-old Ethan Hauschultz completed his punishment.
That included, according to the complaint, Ethan Hauschultz being required to carry the log for two hours around a path in the backyard of their home. Damian said he had to carry wood for not knowing 13 Bible verses to Timothy’s satisfaction. The punishment was one week of carrying wood for two hours per day. Timothy picked out the logs, but Damian had to supervise the punishment for the younger children.
During that time the complaint says Ethan Hauschultz “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say Damian Hauschultz also stood on Ethan Hauschultz’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian Hauschultz buried Ethan Hauschultz in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Ethan died of hypothermia, but also had extensive other injuries, including blunt force injuries to his head, chest and abdomen, and a rib fracture, the medical examiner determined, the complaint states.
