A Wisconsin Appeals Court says the man convicted in the death of 7-year-old Ethan Hauschultz didn’t have his Miranda Rights violated.
Damian Hauschultz, who pleaded guilty to 1st-degree reckless homicide in Ethan’s death in 2021, filed the appeal claiming the imbalance of Damian’s vulnerability in the interrogation room and the tactics used by the police rendered his confession involuntary.
After looking over court records, the 2nd District Court of Appeals ruled that in the two interviews the now 19-year-old did, the statements he gave were made voluntarily.
However, the court said, “Whether Hauschultz was subjected to custodial interrogation during the third interview—which occurred in the early morning hours after Ethan had died—is a much closer question.
Ultimately, we need not resolve that issue.
Even assuming the early-morning interview was custodial in nature, the State has demonstrated that any error in admitting the statements from that interview was harmless.”
Ethan, a foster child, died after performing a punishment ordered by his foster parents, Timothy Hauschultz and Tina McKeever-Hauschultz, by carrying a heavy wooden log over 60-90 minutes.
Damian was instructed by the parents to have Ethan carry the log and allegedly torture him by poking him with a stick and shoveling snow on him.
Ethan died from hypothermia plus multiple blunt force trauma and a broken rib.
The trial for Timothy Hauschultz was on hold until an appeal in Damian’s case was announced. According to Wisconsin Circuit Court Access, a jury trial could be set for June of this year.
Tina is serving her prison sentence for child abuse and failing to prevent great harm and failing to prevent mental harm to a child.
