MANITOWOC (NBC 26) — The trial of Timothy Hauschultz, charged in connection with the death of his 7-year-old great-nephew Ethan Hauschultz, has been delayed once again after a key witness refused to testify.
On Wednesday, Calumet County Judge Carey Reed agreed with the state to adjourn the trial at the Manitowoc County Courthouse. The delay stems from prosecutors' inability to proceed without crucial testimony from Timothy Hauschultz's son, Damian Hauschultz.
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"That said, it is not an indefinite adjournment," Reed said.
Damian Hauschultz was previously convicted and sentenced to 20 years in prison for the 2018 death of his foster brother, 7-year-old Ethan Hauschultz. However, he is now seeking a new trial or resentencing, claiming the judge in his case has a conflict of interest. His attorney says Damian will not testify until that motion is decided.
Prosecutors say Damian is a critical witness in the case against Timothy Hauschultz. They allege Timothy ordered Damian to punish Ethan with hard labor, punishment that ultimately led to the child's death.
"If we do not have Damian Hauschultz to testify, the only civilians who were present are these three children, and to put this heavy reliance on them I think would make this even more traumatic, and there is concern," said Manitowoc County District Attorney Jacalyn LaBre.
LaBre emphasized Damian's importance to the prosecution's case.
"He is the primary actor, he is the primary person who caused the death of the victim here. He possesses significant information regarding this defendant's actions and role in this case," LaBre said.
Judge Reed stated the court must balance the rights of the victims and the public with the need to fully present the case.
"I think we at a position where the court can entertain with some legitimacy moving the trial to a different date," Reed said.
The next hearing is set for January 28, when the judge will discuss scheduling and other issues in this case.
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