The now 22-year-old convicted in the death of Ethan Hauschultz wants to get a new trial or be resentenced.
In court documents filed at the Manitowoc County Courthouse, an attorney for Damian Hauschultz asked Judge Jerilyn Dietz to recuse herself from the case, saying that she was a Guardian ad Litem for Damian in a family court proceeding.
Court records now show that Dietz did recuse herself from the case, saying, “although the court explicitly declines to adopt the factual allegations made in the motion for recusal as the basis thereof. The court nevertheless grants the motion for recusal to ensure procedural due process.”
That means Damian’s case will be reassigned to a new judge, but no determination has been made regarding his motion for postconviction relief.
In the motion, Damian claims that he should not have been charged with 1st-degree reckless homicide because his lawyer at the time was ineffective in arguing for him.
A new court date has not been set for Damian.
The 22-year-old is currently serving 20 years in prison for the 1st-degree reckless homicide charge.
This all comes as 55-year-old Timothy Hauschultz looks to be going to trial in February for charges he faces in Ethan’s death, including neglecting a child, resulting in death, and three counts of child abuse, intentionally causing harm.
He’ll be back in court on January 12th for a preliminary hearing.
