The trial for the great-uncle charged in the death of Ethan Hauschultz is being delayed.
The case against 55-year-old Timothy Hauschultz was returned to Manitowoc County court yesterday.
District Attorney Jacalyn LaBre explained that Damian Hauschultz is the main witness, and because he’s expected to invoke his Fifth Amendment right, most of the testimony during the trial would fall to three children.
She then asked to move the trial date, to which Calumet County Judge Carey Reed agreed.
A new trial date was not set. Damian is seeking resentencing or a new trial, arguing in new filings from his current lawyer that his previous lawyer was ineffective in presenting his case.
He’s currently serving a 20-year prison sentence after pleading no contest to a charge of 1st-degree reckless homicide.
Judge Reed is also presiding over the case after Manitowoc County Judge Jerilyn Dietz recused herself from both Timothy’s and Damian’s cases.
Timothy is facing charges including neglecting a child causing death, three counts of child abuse causing harm, and intentional contribution/delinquency causing death.
Prosecutors allege that he ordered the punishment of Ethan, which saw the 7-year-old carry a log outside for not knowing Bible verses.
Damian hit and poked the child over 100 times before Ethan was buried in the snow. He would later die after being taken to the hospital.
