WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*

[Niner]

Wednesday, August 18th:
*Status Conference Hearing (@ 8:45am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial set to begin on 12/6/21 (thru 12/10/21).
Court information from 2/4/19 thru 4/19/21 reference post #180 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
5/14/21 Update: Present: Judge Jerilyn M. Dietz, attorney Donna Jean Kuchler with defendant Hauschultz, attorney Jacalyn Labre & Jill Vendetti appeared for the State of Wisconsin all via Zoom. Friday’s hearing was to specifically ask the defendant in open court to confirm his denial of a plea offer by the state. Hauschultz faces counts including intentionally contributing the delinquency of a child resulting in death, felony murder & 3 child abuse counts. District Attorney Jacalyn Labre said the state’s offer was for Hauschultz to plead to child neglect causing death & child neglect causing emotional harm, while the other 6 counts would be dismissed. The state offered to either argue for an unspecified prison term, or to argue for 14 years in prison & 6 years on extended supervision. But Hauschultz said he was not accepting the deals. Hauschultz returns to court July 15. The attorneys are expected to discuss the questions which will be posed to prospective jurors, among other topics.
7/9/21: Proposed jury instruction. 7/14/21: State's Motion in Limine. 7/15/21 Update: Next status conference hearing on 8/18/21.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & will be sentenced on 9/2/21.

 

[Niner]

Timothy:

Docket:
Date Event Court official Court reporter Amount
08-18-2021 Notice of hearing
Additional text:
Motion hearing on October 7, 2021 at 03:30 pm.


Hearings:
Date Time Location Description Type Court official
10-07-2021 03:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

11-08-2021 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Pre-trial conference Court Dietz, Jerilyn M.

12-06-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-07-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-08-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-09-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-10-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Thursday, Sept. 2nd:
*Sentencing Hearing (@ 1:30pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Damian L. Hauschultz (14 @ time of crime/16/now 17) charged (2/4/19) & arraigned (3/19/19) with 1st degree reckless homicide, 3 counts of abuse of a child intentionally causing bodily harm & 3 counts (felony) of substantial battery. $150K cash bond. Bond reduced (1/30/20) to $100K cash. Posted bond (4/13/20) & released from custody.
Court info from 2/4/19 thru 4/6/21 reference post #177 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
5/10/21 Update: Damian has agreed to a plea deal & will plead guilty to a felony homicide charge, the most serious of seven charges against him & the plea agreement includes a recommendation that he be sentenced Friday to 12 to 17 years in prison & the other charges will be dismissed. But Judge Jerilyn Dietz is not bound by that, and may sentence the teen to up to 40 years in prison & 20 of probation. Plea hearing on 6/25/21 & sentencing on 9/2/21.
6/25/21 Update: Damian plead guilty to 1st degree reckless homicide & will be sentenced on 9/2/21.
*Timothy Scott Hauschultz (48/now 50) (great uncle) – Motions hearing on 10/7/21. Pretrial conference hearing on 11/8/21 & trial set to begin on 12/6/21.
*Tina Marie McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.

 

[Niner]

Damian Hauschultz sentenced 20 years in death of Ethan Hauschultz

Sept. 2, 2021
Damian Hauschultz stands to exit following his sentencing, Thursday, September 2, 2021, in Manitowoc County Circuit Court in Manitowoc, Wis. Hauschultz was sentenced 20 years, plus 10 years probation in the killing of his foster brother.

 

[JudgeJudi]

Thank you Niner for all the good work you've done here.

At long last things seem to be moving along.
Tina deserved 5 years.
Bearing in mind Damian's age, I'm reasonably satisfied with his sentence because it was always possible he could have been treated more leniently.

I'll have to check in more often to see what happens with Timothy's trial.

 

[Niner]

Thursday, October 7th:
*Motions Hearing (@ 3:30pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial set to begin on 12/6/21 (thru 12/10/21).
Court information from 2/4/19 thru 7/14/21 reference post #182 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
7/15/21 Update: Next status conference hearing on 8/18/21. 8/18/21 Update: Next Motions hearing on 10/7/21 & pretrial hearing on 11/8/21 with trial still starting on 12/6/21.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & was sentenced on 9/2/21 to 20 years in prison & 10 years probation.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
10-08-2021 Notice of hearing
Additional text:
Motion hearing on November 5, 2021 at 01:00 pm.

10-08-2021 Notice of hearing
Additional text:
Motion hearing on November 2, 2021 at 01:00 pm.

10-07-2021 Writ of Habeas Corpus Dietz, Jerilyn M.
Additional text:
Writ of Habeas Corpus to Bring Prisoner as Witness.

10-07-2021 Writ of Habeas Corpus Dietz, Jerilyn M.
Additional text:
Writ of Habeas Corpus to bring Prisoner as Witness.

10-06-2021 Proposed Order
10-06-2021 Proposed Order
10-06-2021 Witness list - defendant


Court activities
Date Time Location Description Type Court official
11-02-2021 01:00 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

11-05-2021 01:00 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

11-08-2021 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Pre-trial conference Court Dietz, Jerilyn M.

12-06-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-07-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-08-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-09-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-10-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.


link: Wisconsin Circuit Court Access

 

[Niner]

Timothy:

Court record
Date Event Court official Court reporter Amount
10-18-2021 Other papers

10-18-2021 Amended order Dietz, Jerilyn M.
Additional text:
Amended Order for Release of Jury List and Questionnaires.

10-18-2021 Order Dietz, Jerilyn M.
Additional text:
It is ordered the defendant's motion to sequester jury is denied for the reasons stated on the record.

10-15-2021 Notice of motion, motion
Additional text:
State's Notice of Motion and Motion to Introduce Other Acts Evidence

10-13-2021 Letters/correspondence

10-11-2021 Order Dietz, Jerilyn M.
Additional text:
It is hereby ordered that the jury lists and questionnaires to be used in the trial of this matter be released to the attorneys of record as soon as they are available.

10-11-2021 Proposed Order

10-11-2021 Proposed Order

10-11-2021 Notice of hearing
Additional text:
Motion hearing on November 4, 2021 at 01:00 pm.


Hearings:
Court activities
Date Time Location Description Type Court official
11-04-2021 01:00 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

11-05-2021 01:00 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

11-08-2021 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Pre-trial conference Court Dietz, Jerilyn M.

12-06-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-07-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-08-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-09-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-10-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.


link: Wisconsin Circuit Court Access

 

[Niner]

Thursday, November 4th:
*Motions Hearing (@ 1pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial set to begin on 12/6/21 (thru 12/10/21).
Court information from 2/4/19 thru 7/14/21 reference post #182 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
7/15/21 Update: Next status conference hearing on 8/18/21. 8/18/21 Update: Next Motions hearing on 10/7/21 & pretrial hearing on 11/8/21 with trial still starting on 12/6/21.
10/6/21: Proposed Order: witness list-defendant. 10/7/21 Update: Writ of Habeas Corpus to bring prisoner as witness. Next motions hearing on 11/2/21 & 11/5/21. Pretrial conference hearing on 11/8/21 & trial is still set to begin on 12/6/21.
10/11/21: Motion hearing on 11/2 rescheduled on 11/4/21. It is hereby ordered the jury lists & questionnaires to be used in the trial be released to the attorneys of record as soon as they are available. 10/15/21: State's Notice of motion & motion to introduce other acts evidence. 10/18/21: It is ordered the defendant's motion to sequester jury is denied for the reasons stated on the record. Amended order for release of jury list & questionnaires.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & was sentenced on 9/2/21 to 20 years in prison & 10 years probation.

 

[Niner]

Timothy:

Docket:
11-04-2021 Motion hearing Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defendant in custody.
Court states there are two motions that need to be heard. Defense counsel does not wish to proceed on any of the motions today. She has an objection to the other acts motion which will be filed by Monday. She also has an objection to Lori Frasier. Counsel will reconvene on Monday, 11-08-21 at 11:30 a.m. Discussion is held that there will be 5 alternate jurors.
Minutes.

11-04-2021 Notice of hearing
Additional text:
Pre-trial conference on November 8, 2021 at 11:30 am.

11-04-2021 Jury instructions
Additional text:
State's Jury Instructions

Hearings:
Date Time Location Description Type Court official
11-08-2021 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Pre-trial conference Court Dietz, Jerilyn M.

12-06-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Monday, Nov. 8th:
*Motions Hearing (@ 11:30am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial set to begin on 12/6/21 (thru 12/10/21). Will have 5 alternate jurors.
Court information from 2/4/19 thru 10/6/21 reference post #190 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
10/11/21: Motion hearing on 11/2 rescheduled on 11/4/21. It is hereby ordered the jury lists & questionnaires to be used in the trial be released to the attorneys of record as soon as they are available. 10/15/21: State's Notice of motion & motion to introduce other acts evidence. 10/18/21: It is ordered the defendant's motion to sequester jury is denied for the reasons stated on the record. Amended order for release of jury list & questionnaires. 11/3/21: State’s amended witness list.
11/4/21 Update: Motion hearing. Defendant in custody. Court states there are two motions that need to be heard. Defense counsel does not wish to proceed on any of the motions today. She has an objection to the other acts motion which will be filed by Monday. She also has an objection to Lori Frasier. Counsel will reconvene on Monday, 11/8/21 at 11:30am. Discussion is held that there will be 5 alternate jurors. 11/5/21: Order to seal audiovisual recordings of children. It is hereby ordered that the USB containing the 6 recorded statements of children subject to the Sate's motion to use audiovisual recordings be sealed in the record subject to access only upon motion & notice to parties. And response to State's Other Acts Motion.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & was sentenced on 9/2/21 to 20 years in prison & 10 years probation.

 

[Niner]

Timothy:

Court record
Date Event Court official Court reporter Amount
11-08-2021 Proposed Order

11-08-2021 Demand for Discovery and Inspection - Prosecutor

11-08-2021 Notice of hearing
Additional text:
Pre-trial conference on November 15, 2021 at 11:00 am.

11-08-2021 Letters/correspondence
Additional text:
Letter re: Correction to State's Motion to Use Audiovisual Recordings of Children

11-05-2021 Witness list - plaintiff
Additional text:
State's 2nd Amended Witness List (Corrected)

11-05-2021 Response/reply
Additional text:
Response to State's Other Acts Motion

11-05-2021 Order Dietz, Jerilyn M.
Additional text:
Order to Seal Audiovisual Recordings of Children
It is hereby ordered that the USB containing the six recorded statements of children subject to the State's Motion to Use Audiovisual Recordings be sealed in the record subject to access only upon motion and notice to the parties.


Court activities
Date Time Location Description Type Court official
11-15-2021 11:00 am Manitowoc County Courthouse, Br. 2, Room 218 Pre-trial conference Court Dietz, Jerilyn M.

12-06-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-07-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-08-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-09-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

12-10-2021 08:30 am Manitowoc County Courthouse, Br. 2, Room 218 Jury trial Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Judge won't allow evidence from previous child abuse case to be used in Hauschultz trial

Nov. 8, 2021

MANITOWOC (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.
[.....]
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.
[.....]
.....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 [11/15/21].

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.

 

[Niner]

Timothy:

Docket Update:
Court record
Date Event Court official Court reporter Amount
11-12-2021 Request

11-12-2021 Exhibit

11-12-2021 Motion

11-11-2021 Letters/correspondence
Additional text:
Letter from District Attorney Jacalyn Labre to Judge Dietz re: unavailable witness.

11-10-2021 Letters/correspondence
Additional text:
Letter from Attorney Megan Sanders-Drazen to Judge Dietz.

11-10-2021 Witness list - defendant

11-09-2021 Motion in limine
Additional text:
State's 2nd Motion in Limine

11-09-2021 Order Dietz, Jerilyn M.
Additional text:
Order Denying State's Motion.
It is hereby ordered that the State's Motion to Introduce Other Acts Evidence, filed with the Court as Document 163, is denied.

Hearings stay the same.

link: Wisconsin Circuit Court Access

 

[Niner]

Mnday, Nov. 15th
*Pretrial Conference Hearing (@ 11am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial set to begin on 12/6/21 (thru 12/10/21). Will have 5 alternate jurors.
Court information from 2/4/19 thru 11/4/21 reference post #192 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
11/5/21: Order to seal audiovisual recordings of children. It is hereby ordered that the USB containing the 6 recorded statements of children subject to the Sate's motion to use audiovisual recordings be sealed in the record subject to access only upon motion & notice to parties. And response to State's Other Acts Motion. Counsel will reconvene on 11/8/21.
11/5/21: Order to seal audiovisual recordings of children. Hereby Ordered that the usb containing the 6 recorded statements of children subject to the State's motion to use audiovisual recordings be sealed in the record subject to access only upon motion & notice to parties. Defense's response to State's other acts motion. State's 2nd amended witness list (corrected). 11/8/21: Letter re: correction to State's motion to use audiovisual recordings of children.
11/8/21 Update: Demand for discovery & inspection by prosecutor. Information about 2009 child abuse case will not be allowed at Hauschultz’s upcoming trial 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. Prosecutors asked permission to introduce evidence from a 2009 case at 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 & 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 & said it won’t be allowed at trial. Another issue still to be decided involves the potential testimony of Damian Hauschultz. Next pretrial conference hearing on 11/15/21.
11/9/21: Order denying State's Motion (to introduce other acts evidence, filed with the court as Doc. 163, is denied. State's 2nd Motion in Limine filed. 11/10/21 Defendant's witness list filed. Letter from attorney Megan Sanders-Drazen to Judge Dietz. 11/11/21: Letter from DA Jacalyn labre to Judge Dietz re: unavailable witness.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & was sentenced on 9/2/21 to 20 years in prison & 10 years probation.

 

[Niner]

Looks like the trial on 12/6/21 has been continued....

Docket:
Date Event Court official Court reporter Amount
11-15-2021 Pre-trial conference Dietz, Jerilyn M. Lemke, Robert
Additional text:
11:15 AM Defendant Timothy S HAUSCHULTZ appeared by video, in custody, Attorney Donna Jean Kuchler appeared by video for Timothy S HAUSCHULTZ, Attorney Jacalyn Christie Labre appeared by video for State of Wisconsin.
The court does not find that the state has abused its discretion and therefore has no authority to grant the witness authority.
Discussion. Defense has no option but to agree to an adjournment.
Status set for December 6, 2021 at 1:30 p.m. (zoom)
Status set for March 2, 2022 at 10:30 a.m. (zoom)
Minutes.

11-15-2021 Notice of hearing
Additional text:
Status conference on March 2, 2022 at 10:30 am.

11-15-2021 Motion in limine

11-15-2021 Transcript

11-15-2021 Transcript


Court activities
Date Time Location Description Type Court official
12-06-2021 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

03-02-2022 10:30 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Timothy Hauschultz's trial postponed indefinitely

Nov. 15, 2021
MANITOWOC (WLUK) – With Damian Hauschultz deemed legally “unavailable” to testify, Timothy Hauschultz’s trial in connection with the death of Ethan Hauschultz has been postponed indefinitely.
[.....]
Timothy Hauschultz had been scheduled to stand trial starting Dec. 6. However, the attorneys and court have been discussing how to handle testimony from Damian Hauschultz, with the decision Monday to postpone the Timothy Hauschultz’s trial.

Because he has appeals pending, Damian Hauschultz would invoke his Fifth Amendment right and not testify, defense attorney Donna Kuchler has said.

Kuchler floated the idea of prosecutors offering him immunity – meaning the testimony at this trial couldn’t be used in other proceedings – but District Attorney Jacalyn LaBre rejected that idea in a letter to the court.

LaBre also rejected the idea of having investigators testify while presenting Damian Hauschultz’s previous statements because to do so “without the ability to cross examine the witness would be inappropriate and incomplete.”

That left just one option: postponing the trial while the appeals case proceeds, at least for now. Hauschultz’s attorney agreed to the delay, court records show.

As a result, a March 2 status conference was scheduled, at which time the status of Damian Hauschultz’s appeal and his availability will be reviewed, according to a court official.

Meanwhile, other pre-trial issues still need to be addressed. Instead of trial on Dec. 6, a motions hearing has been scheduled instead.

 

[JerseyGirl]

Ethan Hauschultz killing: Trial for foster dad accused of child's murder postponed until 2022 in Manitowoc County

 

[Niner]

Monday, December 6th:
*Motions Hearing (@ 1:30pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – for *Timothy Scott Hauschultz (48/now 51) (great uncle) charged (2/4/19) & arraigned (3/20/19) with first-degree reckless homicide, 3 counts of substantial battery & 3 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-death as a party to a crime, 2 counts of physical abuse of child — intentionally cause bodily harm, intentionally contributing to the delinquency of a child-felony & a misdemeanor battery. Plead not guilty. $100K cash bond.
Trial was set to begin on 12/6/21 (thru 12/10/21) was continued with no further dates available. There will have 5 alternate jurors.
Court information from 2/4/19 thru 11/8/21 reference post #196 here:
WI - Ethan Hauschultz, 7, beaten and buried in "coffin of snow", Manitowoc, April 2018 *arrests*
11/9/21: Order denying State's Motion (to introduce other acts evidence, filed with the court as Doc. 163, is denied. State's 2nd Motion in Limine filed. 11/10/21 Defendant's witness list filed. Letter from attorney Megan Sanders-Drazen to Judge Dietz. 11/11/21: Letter from DA Jacalyn Labre to Judge Dietz re: unavailable witness. Next pretrial hearing on 11/15/21.
11/15/21 Update: Judge Jerilyn M. Dietz presiding. Defendant Hauschultz appeared by video, in custody with attorney Donna Kuchler also by video. Attorney Jacalyn Labre appeared by video for the State. Court does not find that the State has abused its discretion & therefore has no authority to grant the witness authority. Discussion. Defense has no option but to agree to an adjournment. Hauschultz had been scheduled to stand trial starting Dec. 6. However, the attorneys & court have been discussing how to handle testimony from Damian Hauschultz, with the decision Monday to postpone the Hauschultz’s trial. Because he has appeals pending, Damian Hauschultz would invoke his Fifth Amendment right & not testify, defense attorney Donna Kuchler has said. With Damian Hauschultz deemed legally “unavailable” to testify, Timothy Hauschultz’s trial in connection with the death of Ethan has been postponed indefinitely. Next motion hearing on 12/6/21 & status conference hearing on 3/2/22.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 38) (great aunt) – 3/12/21: Plead no contest to 2 counts of child abuse-failing to prevent bodily harm & the 2 counts intentionally contributing to the delinquency of a child were dismissed. Sentenced to 5 years in prison & 5 years extended supervision.
*Damian L. Hauschultz (14/now 17) – Plea hearing on 6/25/21 & plead guilty to 1st degree reckless homicide & was sentenced on 9/2/21 to 20 years in prison & 10 years probation.

 

[Niner]

Timothy:

Court record
Date Event Court official Court reporter Amount
12-06-2021 Notice of hearing
Additional text:
Motion hearing on March 16, 2022 at 01:30 pm.

12-06-2021 Exhibit
Additional text:
Exhibit 1, Curriculum Vitae of Dr. Lori D. Frasier.
Exhibit 2, Report of Dr. Lori D. Frasier.


Court activities
Date Time Location Description Type Court official
03-02-2022 10:30 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

03-16-2022 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access