A Calumet County judge has ruled on a child protective service (CPS) order in the case of Timothy Hauschultz, the great-uncle charged in the death of Ethan Hauschultz.
Court records show that a letter from the Wisconsin Attorney General’s Office was given to prosecutors. District Attorney Jacalyn LaBre argued that many issues can be dealt with closer to trial.
However, Defense Attorney Donna Kuchler argued that the CPS reports are confidential, saying that once they’ve been disclosed, they should be allowed to be submitted as evidence.
That would allow the defense to use materials that can’t be used now because prosecutors haven’t turned them over due to confidentiality concerns.
After prosecutors argued back, Judge Carey Reed agreed with the state, saying once the documents are released, they can remain confidential.
What the evidence would be used for in Timothy’s case is not known.
Timothy is scheduled to go to trial in September for his part in Ethan’s death.
A criminal complaint alleges that the 55-year-old ordered the punishment for Ethan to carry around a heavy log for not knowing Bible verses.
During the punishment, Damian Hauschultz poked and hit the 7-year-old over 100 times before burying Ethan in the snow.
Damian is serving a 20-year prison sentence for Ethan’s death, but will be resentenced after making a deal with prosecutors.
Timothy could not go to trial because Damian had previously appealed his case.
Damian could be a main witness in Timothy’s case.
