An appeal discussed during a motion hearing for Timothy Hauschultz has been officially filed.
Court records show his attorney Brad Novreske (NOV-eh-re-ski) filed the appeal yesterday (February 26th).
The case could be ruled on March 12th. The appeal comes after Novreske asked Judge Jerilyn Dietz to recuse herself during Monday’s (February 24th) hearing after the defense claimed bias in the case.
After prosecutors talked to one of the victims, asking if they would be okay with staying the trial, they agreed, and Dietz paused the trial and set a scheduled hearing for next week.
A Court of Appeals will hear the case and decide if Dietz should recuse herself for comments made after she ruled that a plea deal wasn’t in the public’s best interest.
It would have had Timothy plead to two counts of child abuse and drop other charges like felony murder and contribution and delinquency to a death.
He’s charged in the death of Ethan Hauschultz in 2018 after he was beaten and poked over 100 times while carrying a heavy log in the snow.
Damian Hauschultz, who was convicted in Ethan’s death, is serving a 20-year prison sentence.
Timothy faces charges after allegedly ordering the punishment of Damian and Ethan.
He’s due to be in court next week for a scheduling conference.
