GREEN BAY, WI (WTAQ-WLUK) – Taylor Schabusiness’ request to dismiss the sexual assault charge against her should be denied, prosecutors argue.
Schabusiness, 25, is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault for allegedly attacking Shad Thyrion last year. She has pleaded not guilty and not guilty by reason of mental disease or defect. She is scheduled to stand trial July 21.
Last week, her attorney, Christopher Froelich, filed motions to dismiss the sexual assault charge, and the entire criminal complaint. However, it was filed under seal, meaning it’s not available to the public. Judge Thomas Walsh has a hearing scheduled for Wednesday on if the documents should be released to the public. It is unclear if Walsh will address the motions themselves, or wait for a June 13 motions hearing to hear arguments.
Deputy District Attorney Caleb Saunders filed a response to Froelich’s motion, but his brief was not filed under seal. Therefore, some details of Schabusiness’ arguments can be gleaned from the state’s reply.
First, the state argues Schabusiness’ motion should be denied because it comes too late in the proceedings, saying “Challenges to the sufficiency of a criminal complaint must be made prior to the preliminary hearing or a waiver of the preliminary hearing.”
Second, the state argues there is evidence to support the sexual assault claims, including Schabusiness’ confession.
The state also addresses of the items being filed under seal.
“The state finds nothing in the motion itself that would warrant a sealing order. And while it is not ideal that Schabusiness is attaching these specific discovery materials to her motion, the State takes no position on sealing Exhibits A and B to her motion. However, the State is utterly at a loss why the defense felt it necessary to attach Exhibit C to this motion. It is inflammatory, irrelevant, unnecessary, and potentially violative of the crime victims’ rights to be treated “with dignity, respect, courtesy, sensitivity, and fairness”… While Wisconsin has a “strong presumption in favor of openness for judicial proceedings and records,” that presumption can be overcome “by specific statutory or constitutional rights Based (state law) the State would respectfully ask the Court maintain the seal at least with respect to Exhibit C,” Saunders wrote.
But the motion does not say what Exhibit A contains specifically.
Froelich has other motions pending before Judge Thomas Walsh, including requests to suppress statements she made to police, as well as evidence gathered from her residence and vehicle. Those are expected to be addressed at a June 13 hearing.
According to the criminal complaint, police were called to a residence on Stony Brook Lane early in the morning of Feb. 23, 2022. There, police found a severed head inside a bucket in the basement.
Schabusiness said she and the victim were using drugs, including meth, and engaging in sexual play, when the man was strangled. She then sexually abused him, dismembered the body and placed body parts in various locations in the home and a vehicle, the criminal complaint states.
“Schabusiness made the comment that at one point, she did get paranoid and lazy and that she thought it was the ‘dope’ that was making her paranoid,” the complaint states.
