MANITOWOC COUNTY (NBC 26) — Both the state and the defense have rested on day 6 of the Timothy Hauschultz trial — the case of a Manitowoc County man accused of child abuse and neglect in connection to the death of his 7-year-old great nephew, Ethan.
"There is a fair amount to unpack here," Judge Carry Reed said.
On Monday, count one against Hauschultz was reduced to a misdemeanor as the state and defense discussed the charges he faces.
The judge also denied the defense's motion for a directed verdict, meaning the defense claimed the state did not provide enough evidence to support its case.
The defense argued that Hauschultz did not direct the actions that led to Ethan's death.
"Although it's absolutely proven that Damian committed intentional child abuse there is no evidence that Tim had any role in this act. Tim never told Damian to hurt the children," defense attorney Donna Kuchler said.
Prosecutors, meanwhile, say the punishment of carrying wood is considered child abuse, and that the punishment was determined by Timothy Hauschultz.
"The defendant determined the punishment, determined the size of a log, a 62 pound 7 year old child that he gave a 44 pound log to carry around for 2 hours in the wet, sloppy snow." Manitowoc County District Attorney Jaclyn Labre said.
Earlier in the day, retired detective Christine Bessler testified about Damian's forensic interview from the day Ethan was taken to the hospital.
"I think he used an example of if you started carrying wood at noon and you stopped, you could be out there until 9 PM just standing there," Bessler said.
In that interview, Damian expressed his opinion on the punishment and his frustration with Ethan and his twin brother.
"I don't agree with it but I'm not against it. Because they need to learn and they don't want to learn," Damian said.
When asked if it was true that Tim was angry at Damian when he arrived and saw Ethan, Bessler said, "Correct."
After sending the jury home, Reed said he had a troubling feeling throughout the trial, claiming there was no road map through opening statements or display of evidence.
"Again, bizarre, just bizarre, order of presentation," Reed said.
Hauschultz made the decision not to testify.
Closing arguments will take place Tuesday, and then deliberation will begin. NBC 26 will be there to bring you that update.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
