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

[Niner]

I received this article in my alert - but unfortunately I can not access it - can someone give a 10% synopsis on this, please?

Hauschultz's appeal in 7-year-old's death faces another delay

MANITOWOC (WLUK) – There’s been another delay in Damian Hauschultz’s appeal in connection with the snowbank and abuse death of a 7-year-old boy – which will del

fox11online.com

TIA!

 

[JudgeJudi]

Damian’s appeal will be delayed again and this will in turn delay Tim’s trial. His attorneys had an April deadline to file their brief outlining their claims of why he should get a new trial or the conviction overturned and the deadline has been extended 6 times.

Instead of filing that, his attorney filed a motion seeking copies of the recordings of the police interrogations of Damian during the investigation. The court of appeals clerk’s office didn’t receive a copy of the recordings either and they’re critical to the Court’s review. The appeal concerns four police interrogations in which he made statements that he sought to suppress pretrial.

The briefing schedule has been stayed pending his attorneys’ receipt of the records within 10 days and the appeal brief is due 5 days after that. Prosecutors will get to respond, Damian’s attorney will get to reply and the appeals court will then review the case.

Damian's attorneys plan to call him as a witness at Tim’s trial but they don’t want him to testify while his appeal is pending and said he’ll invoke the Fifth Amendment at a trial before his own appeals are done. This will put the case against Tim on an indefinite hold.

Tim will next appear in court for a status conference on January 5. No trial date has been set.

Hauschultz's appeal in 7-year-old's death faces another delay

 

[Niner]

For Damian re appeal

Court record
Date Event Court official Court reporter Amount
12-01-2022 Other papers for HAUSCHULTZ, Damian L
Additional text:
Certified Mail Receipt - Video mailed to Court of Appeals

11-29-2022 Other papers
Additional text:
Supplemental Circuit Court Case Record.

11-29-2022 Supplemental Index
Additional text:
Appeals Document Index saved for: 2022AP000161 by: Jasmine Schwerma

11-29-2022 Transmittal of record to court of appeals
Additional text:
Appeals Document Index: 2022AP000161 sent to Court of Appeals by: Jasmine Schwerma

11-29-2022 Certificate of transmittal for HAUSCHULTZ, Damian L
Additional text:
Supplemental

11-29-2022 Notes for HAUSCHULTZ, Damian L
Additional text:
Exhibit received at Motion Hearing on 08-12-2020 mailed to Court of Appeals.

11-23-2022 Order of Court of Appeals
Additional text:
IT IS ORDERED that the motion to supplement the record is granted. The clerk of circuit court shall transmit these items to the clerk of this court by supplemental return within ten days of the date of this order.
IT IS FURTHER ORDERED that the appellant's brief shall be filed within five calendar days after the clerk of this court receives the supplemental return.

link: Wisconsin Circuit Court Access


and for Timothy - docket update.

Court record
Date Event Court official Court reporter Amount
11-30-2022 Motion for modification of bond
Additional text:
Defense Notice of Motion and Motion to Modify Bail

Court activities
Date Time Location Description Type Court official
01-05-2023 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn
link: Wisconsin Circuit Court Access

 

[Niner]

Teen sentenced for killing 7-year-old boy appeals conviction

At issue is whether statements Damian Hauschultz, who was 14 at the time, should have been admissible in court.

www.wbay.com

Dec. 10, 2022

The lawyer for a Mishicot teen filed a formal appeal Friday to overturn Damian Hauschultz’s conviction for the death of a 7-year-old boy who was in his family’s care.
[.....]
At issue is whether statements Hauschultz, who was 14 at the time, should have been admissible in court. His lawyer points out police questioned the boy by himself three times -- first at the hospital, then at the sheriff’s office, and then after being awakened at 2:45 in the morning after Ethan was pronounced dead -- and he was never given Miranda warnings.

The circuit court said Hauschultz was not in Miranda custody at the time of the interviews, but would a 14-year-old boy feel free under those circumstances to end the questioning and leave, or even know that he could? His lawyer challenges a circuit court ruling that his statements were voluntary.

“Damian’s overnight questioning took place in the same stationhouse interrogation room he’d spent two-and-a-half hours in before, again with no friendly adult present, again without advice about his rights—or even any mention that he could decline to answer questions,” the appellate brief reads.

Hauschultz reached a plea bargain on a charge of first-degree reckless homicide. Felony charges of child abuse and substantial battery were dismissed but read into the record, so the judge could weigh them at sentencing.

The maximum penalty for reckless homicide is 40 years in prison and 20 years on extended supervision. Hauschultz received half of that, but it was more than the district attorney asked for, which was a 12- to 17-year sentence. The Court of Appeals District 2 will now wait for a response from the State to the lawyer’s challenge. That brief is expected by January 9, 2023. There is no timeline for having a decision.
[.....]
Hauschultz’s father, Timothy Hauschultz, 52, is still awaiting trial on charges of felony murder, child abuse, battery, and contributing to delinquency resulting in death. His next court date is a motion hearing on January 5.

 

[Niner]

Timothy:
Docket update:

Court record
Date Event Court official Court reporter Amount
12-09-2022 Letters/correspondence
Additional text:
Letter from Attorney Sanders-Drazen to Judge Dietz re: Damian's appeal

12-08-2022 Notice of hearing
Additional text:
Motion hearing on January 5, 2023 at 01:30 pm.



Court activities

Date Time Location Description Type Court official
01-05-2023 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

01-05-2023 01:30 pm Manitowoc County Courthouse, Br. 2, Room 218 Motion hearing Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Thursday, January 5th:
*Status Conference & Motions Hearing (@ 1:30pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available. There will be 5 alternate jurors.
Court information from 2/4/19 thru 10/3/22 reference post #239 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-12
10/6/22: Letter from Liz Neuser to Judge Dietz. Motions hearing on 10/7/22. 10/7/22 Update: Presiding Judge Jerilyn M. Dietz. Attorney Olivia Garman appears via zoom for defendant. Attorney Jill Vendetti & Attorney Jaclyn LaBre appear via zoom for the state. Hearing regarding letter from Anthony Hauschultz requesting the no contact order be lifted. This motion is not a request by the defendant or the state. The individual requesting this motion is not present. The court denies this motion for failure to prosecute. Next status conference hearing on 11/18/22.
11/16/22 Update: Video conferencing. Defendant Hauschultz appeared by video. Attorney Olivia G. Garman appeared by video for defendant. Attorney Jacalyn Christie Labre & attorney Jill Vendetti, appeared by video for the State. There is an underlying juvenile matter that the SPD needs to appoint an attorney on that coincides with this matter. This matter is scheduled for a status conference hearing on 1/5/23 @ 1:30pm.
11/30/22: Motion for modification of bond. Defense notice of motion & motion to modify bail. 12/8/22: Motion hearing on 1/5/23. 12/9/22: Letter from attorney Sanders-Drazen to Judge Dietz re: Damian's appeal.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 39) (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 19) – 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. Filed official appeal on 12/9/22.

 

[Niner]

Timothy:
Court record
Date Event Court official Court reporter Amount
01-05-2023 Notice of hearing
Additional text:
Status conference on January 18, 2023 at 02:45 pm.


Court activities
Date Time Location Description Type Court official
01-18-2023 02:45 pm Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Wednesday, January 18th:
*Status Conference Hearing (@ 2:45pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available. There will be 5 alternate jurors.
Court information from 2/4/19 thru 11/30/22 reference post #246 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-13
12/8/22: Motion hearing on 1/5/23. 12/9/22: Letter from attorney Sanders-Drazen to Judge Dietz re: Damian's appeal. 1/5/23 Update: Next status conference hearing on 1/18/23.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 39) (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 19) – 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. Filed official appeal on 12/9/22.

 

[Niner]

Court record:
Date Event Court official Court reporter Amount
01-19-2023 Notice of hearing
Additional text:
Status conference on March 17, 2023 at 01:15 pm.

01-19-2023 Order Dietz, Jerilyn M.
Additional text:
Based upon the record of the motion hearing held on 1-18-23, the defendant's motion to allow contact with codefendant is hereby DENIED.

01-18-2023 Video conferencing

01-18-2023 Bond motion for HAUSCHULTZ, Timothy S Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defendant Timothy S HAUSCHULTZ appeared by video. Attorney Olivia G Garman appeared by video for Timothy S HAUSCHULTZ. Attorney Jacalyn Christie Labre appeared by video for State of Wisconsin. Prosecuting attorney Jill L. Vendetti appeared by video for the State of Wisconsin.
Attorney Garman argues for the no contact provision currently in place between the defendant and Tina McKeever-Hauschultz to be removed.
State objects to the no contact provision being amended.
Court denies the defendant's motion to change the no contact provision in any way. State to draft order.
Status conference set for 03-17-2023 at 1:15pm.

01-18-2023 Proposed Order


Court activities:
Date Time Location Description Type Court official
03-17-2023 01:15 pm Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Friday, March 17th:
*Status Conference Hearing (@ 1:15pm ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available. There will be 5 alternate jurors.
Court information from 2/4/19 thru 11/30/22 reference post #246 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-13
12/8/22: Motion hearing on 1/5/23. 12/9/22: Letter from attorney Sanders-Drazen to Judge Dietz re: Damian's appeal. 1/5/23 Update: Next status conference hearing on 1/18/23.
1/18/23 Update: Bond motion for Hauschultz. Defendant Hauschultz appeared by video. Attorney Olivia G Garman appeared by video for defendant. Attorney Jacalyn Christie Labre & Prosecuting attorney Jill L. Vendetti appeared by video for the State of Wisconsin. Attorney Garman argues for the no contact provision currently in place between the defendant & Tina McKeever-Hauschultz to be removed. State objects to the no contact provision being amended. Court denies the defendant's motion to change the no contact provision in any way. State to draft order. Next status conference hearing on 3/17/23 @ 1:15pm.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 40) (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 19) – 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. Filed official appeal on 12/9/22.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
03-17-2023 Notice of hearing
Additional text:
Status conference on April 20, 2023 at 11:00 am.


Court activities
Date Time Location Description Type Court official
04-20-2023 11:00 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

State upholds Manitowoc County teen's conviction in 7-year-old relative's death

Damian Hauschultz’s conviction for the April 2018 death of his 7-year-old cousin, Ethan, should stand, the state argued.

fox11online.com

April 11, 2023
(WLUK) – Damian Hauschultz’s conviction for the April 2018 death of his 7-year-old cousin, Ethan, should stand, the state argued in a brief filed Tuesday.
[.....]
Damian Hauschultz’s appeal was filed in December, focusing on two claims:

• Due to his age (14), Damian would not have felt free to end the questioning by police, therefore, he was in custody and should have been read his Miranda rights during three separate interviews.
• Given the pressures placed by police, "Damian's self-incrimination was not based on "deliberateness of choice," but immaturity, ignorance, and susceptibility to pressure from law enforcement," therefore were not voluntary, and should not have been allowed at trial.

The state’s reply was filed Tuesday.

As for Hauschultz’s age, Attorney General Josh Kaul argued he fully understood what was going on.

“In sum, should this Court consider Hauschultz’s personal traits, they weigh in favor of a finding that his statements were voluntary, especially since the interviewers did not pressure Hauschultz to confess,” Kaul argued.
[.,....]
Hauschultz’s attorneys have until April 26 to reply. It will be several months before a decision is reached, with or without oral arguments.

Meanwhile, Timothy Hauschultz's fate is still to be determined. Damian Hauschultz is expected to be a key witness at that case, but his attorney has indicated if Timothy's trial happens before Damian's appeals are concluded, Damian would invoke his Fifth Amendment rights and would not answer any questions. As a result, Timothy's trial is on indefinite hold. No trial has been set, and a trial in 2023 appears unlikely, given court workflow. He returns to court April 20 for a status conference.

 

[Niner]

Thursday, April 20th:
*Status Conference Hearing (@ 11am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available until Damian's appeal is decided. There will be 5 alternate jurors.
Court information from 2/4/19 thru 1/5/23 reference post #250 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-13
1/18/23 Update: Bond motion for Hauschultz. Defendant Hauschultz appeared by video. Attorney Olivia G Garman appeared by video for defendant. Attorney Jacalyn Christie Labre & Prosecuting attorney Jill L. Vendetti appeared by video for the State of Wisconsin. Attorney Garman argues for the no contact provision currently in place between the defendant & Tina McKeever-Hauschultz to be removed. State objects to the no contact provision being amended. Court denies the defendant's motion to change the no contact provision in any way. State to draft order. Next status conference hearing on 3/17/23 @ 1:15pm.
3/17/23 Update: Notice of hearing. Status conference hearing on 4/20/23 @ 11am. 4/11/23: Letter from Attorney Sanders-Drazen to Judge Dietz re appeal.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 39) (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 19) – 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. Filed official appeal on 12/9/22. (see next post on appeal).

 

[Niner]

Damian's docket update - re appeal.

Court record
Date Event Court official Court reporter Amount
04-11-2023 Acknowledgment from Court of Appeals

04-11-2023 Transmittal of record to court of appeals
Additional text:
Appeals Document Index: 2022AP000161 sent to Court of Appeals by: Jasmine Schwerma

04-11-2023 Index
Additional text:
Appeals Document Index saved for: 2022AP000161 by: Jasmine Schwerma

03-29-2023 Letters/correspondence
Additional text:
Letter from AAG Shaeffer to Court of Appeals indicating that the sealed record item is sufficient.

03-21-2023 Order of Court of Appeals
Additional text:
IT IS ORDERED that within seven days of the date of this order the assigned AAG may
either (1) file a limited appearance in the circuit court to get electronic access to sealed record item No. 32; or (2) determine the copy provided by the circuit court clerk is sufficient.
IT IS FURTHER ORDERED that if the assigned AAG makes an appearance in the
circuit court, the circuit court clerk shall grant the assigned AAG access to sealed record item
No. 32.
IT IS FURTHER ORDERED that within fourteen days of the date of this order, the
circuit court clerk shall return the record back to this court.
IT IS FURTHER ORDERED that the State shall file its respondent's brief fifteen days
after the record is returned to this court.

03-15-2023 Letters/correspondence
Additional text:
Letter from JS, clerk, to the Court of Appeals.

02-24-2023 Appeals - Memorandum, Decision, and Order
Additional text:
Court of Appeals grants the State's request to have access to sealed record No. 32.
State shall file its response brief within 15 days of receiving the sealed record.
(Clerk mailed copy of document #32 to Assistant Attorney General Sara Shaeffer on 02-27-2023)

link: Wisconsin Circuit Court Access

 

[Niner]

Court record:
Date Event Court official Court reporter Amount
04-20-2023 Video conferencing

04-20-2023 Status conference Dietz, Jerilyn M. Lemke, Robert
Additional text:
Defendant Timothy S HAUSCHULTZ appeared by video. Attorney Olivia G Garman appeared by video for Timothy S HAUSCHULTZ. Attorney Jacalyn Christie Labre appeared by video for State of Wisconsin.
Trial in this matter is dependent on co-defendants criminal case which is pending at court of appeals. Defendant in this matter has filed an appeal on a previously ruled motion in a related matter. State requests the matter be set for status conference to check back on the status of both matters.
Status conference set for 05-17-23 at 11:30 am via zoom.

04-20-2023 Notice of hearing
Additional text:
Status conference on May 17, 2023 at 11:30 am.



Court activities:
Date Time Location Description Type Court official
05-17-2023 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Juvenile justice advocates want court to overturn Manitowoc County teen's conviction

They argue juveniles cannot fully comprehend their situation to waive their Miranda rights.

fox11online.com

May 12, 2023
MANITOWOC (WLUK) – A group of juvenile justice advocates from the across the country filed a brief Friday, urging the state Court of Appeals to overturn Damian Hauschultz’s conviction for the death of his cousin, Ethan, 7. They argue juveniles, especially those with trauma histories such as the then-14-year-old Damian, cannot fully comprehend their situation to waive their Miranda rights.
[.....]
The appeal asks the court to reverse the trial court's ruling allowing the statements from his first three interrogations, and it wants Hauschultz to be able withdraw the guilty plea, and have the case resume from that point.
[.....]
Prosecutors replied in April, arguing the law was followed, and Damian did, in fact, understand what he was doing.

Hauschultz’s attorneys have until May 26 to reply to the state’s arguments. After that, the appeals court will issue a ruling, likely in several months.

 

[Niner]

Wednesday, May 17th:
*Status Conference Hearing (@ 11:30am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available. There will be 5 alternate jurors.
Court information from 2/4/19 thru 1/18/23 reference post #253 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-13
3/17/23 Update: Notice of hearing. Status conference hearing on 4/20/23 @ 11am. 4/11/23: Letter from Attorney Sanders-Drazen to Judge Dietz re appeal.
4/20/23 Update: Video conferencing. Defendant Hauschultz appeared by video. Attorney Olivia G Garman appeared by video for defendant. Attorney Jacalyn Christie Labre appeared by video for State. Trial in this matter is dependent on co-defendants criminal case which is pending at court of appeals. Defendant in this matter has filed an appeal on a previously ruled motion in a related matter. State requests the matter be set for status conference to check back on the status of both matters. Next status conference hearing on 5/17/23 @ 11:30am.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 39) (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 19) – 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. Filed official appeal on 12/9/22. Court of Appeals acknowledged on 4/11/23.

 

[Niner]

Court record
Date Event Court official Court reporter Amount
05-17-2023 Notice of hearing
Additional text:
Scheduling conference on June 8, 2023 at 08:45 am.


Court activities
Date Time Location Description Type Court official
05-17-2023 11:30 am Manitowoc County Courthouse, Br. 2, Room 218 Status conference Court Dietz, Jerilyn M.

06-08-2023 08:45 am Manitowoc County Courthouse, Br. 2, Room 218 Scheduling conference Court Dietz, Jerilyn M.

link: Wisconsin Circuit Court Access

 

[Niner]

Thursday, June 8th:
*Scheduling Conference Hearing (@ 8:45am ET) – WI – Ethan J. Hauschultz (7) (April 20, 2018, Manitowoc; burned & buried in “coffin of snow”) – *Timothy Scott Hauschultz (48/now 52) (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. Reduction in bond denied (12/6/21). Bond reduced (3/16/22) to $75K cash. Posted $75 cash bond (6/15/22) with conditions.
Trial was set to begin on 12/6/21 was continued with no further dates available. There will be 5 alternate jurors. Judge Jerilyn M. Dietz presiding.
Court information from 2/4/19 thru 4/11/23 reference post #257 here:
https://www.websleuths.com/forums/t...n-of-snow-manitowoc-april-2018.422615/page-13
4/20/23 Update: Video conferencing. Defendant Hauschultz appeared by video. Attorney Olivia G. Garman appeared by video for defendant. Attorney Jacalyn Christie Labre appeared by video for State. Trial in this matter is dependent on co-defendants criminal case which is pending at court of appeals. Defendant in this matter has filed an appeal on a previously ruled motion in a related matter. State requests the matter be set for status conference to check back on the status of both matters. Next status conference hearing on 5/17/23 @ 11:30am.
5/17/23 Update: Notice of hearing for scheduling conference on 6/8/23 @ 8:45am. 5/19/23: Proposed Order. Order granted by Judge Jerilyn M. Dietz.
Hauschultzes were court appointed guardians for Ethan & his 2 siblings in 2016.
*Tina McKeever-Hauschultz (35/now 40) (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 19) – 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. Filed official appeal on 12/9/22. Court of Appeals acknowledged on 4/11/23.

 

[Niner]

Son's appeals continue to delay Timothy Hauschultz trial

No trial date will be set for at least two more months for the man accused of ordering the punishment which led to the 2018 death of a 7-year-old boy.

fox11online.com

June 8, 2023
MANITOWOC (WLUK) -- No trial date will be set for at least two more months for the man accused of ordering the punishment which led to the 2018 death of a 7-year-old boy while his son's appeals are pending. That means the actual trial is likely to be at least a year from now.
[.....]
No trial date has been set for Timothy Hauschultz because Damian Hauschultz is unavailable to testify in the case until his appeals are completed.

In court Thursday, District Attorney Jacalyn LaBre preferred to schedule the trial for Tim Hauschultz, knowing how crowded the calendars of the court and attorneys are. As is, a two-week trial wouldn't be likely until spring of 2024, she said -- and waiting will push that out even more.

But defense attorney Donna Kuchler said she didn't want a trial date set until it's known when Damian Hauschultz could be available. Even if the appeals court makes a ruling in the near future, an appeal is possible, she said.

Judge Jerilyn Dietz said she preferred to schedule a trial today, but deferred to Kuchler. Another status conference will be held Aug. 17.

On that day "We will set a trial unless we know that further appellate action or a new trial will be forthcoming," Judge Dietz said.