MANITOWOC, WI (WTAQ-WLUK) — An expert on child abuse will be allowed to testify at the trial of a man accused of ordering the punishment which led to the death of a 7-year-old boy, but there will be no discussion of “torture” in front of the jury, a judge ruled.
Timothy Hauschultz is charged with felony murder, child abuse, and other counts for allegedly ordering his son, Damian Hauschultz, then 14, to punish 7-year-old Ethan Hauschultz on April 20, 2018. Ethan was Tim’s great-nephew, who he had custody of.
Ethan Hauschultz was beaten by Damian Hauschultz, forced to carry a 44-pound log, and was buried in the snow before he died. Damian Hauschultz was convicted and is serving a 20-year prison sentence.
No trial date has been set for Timothy Hauschultz because Damian Hauschultz is unavailable to testify in the case until his appeals are completed, but pre-trial motions continue to be heard.
Prosecutors want to call a child abuse pediatrician to offer testimony on whether the methods of discipline utilized by the defendant in his home constituted child abuse, but a judge has to approve such expert testimony ahead of trial.
In her five-page decision, Judge Jerilyn Dietz notes the jury specifically has to decide if, for two of the counts, the disciplinary method Hauschultz used was physical abuse. And, since the defense has said its strategy includes the affirmative defense of reasonable parental discipline, offering this expert witness is appropriate.
“The specific nature of the allegations, as well as the nature of the defense makes this testimony relevant. It is for the jury to determine whether physical abuse of a child occurred. The proffered expert testimony is property offered to assist in that determination. The defense’s protestations that the testimony goes to the ultimate conclusion they are to reach does not impact its relevance,” Judge Dietz wrote.
The expert testimony could also be relevant to the jury’s assessment of guilt or innocence on the charge Timothy Hauschultz contributed to the delinquency of Damian Hauschultz. But, but judge ruled term “torture” cannot be used.
“However, the term “torture” is a tremendously loaded term, which evokes a powerful emotional impact. It is not a designation included in any of the crimes charged. There is a significant distinction between testimony that certain behavior was abusive and testimony that certain conduct was torture. While this testimony could be relevant to the state’s case in a number of ways not limited to those speculated to above, it is very likely that the prejudice caused to the defense by the introduction of that word alone would substantially outweigh its probative value in this case. Testimony related to the child torture article and the use of the word “torture” therefore will not be admitted at trial and will not be analyzed further,” she ruled.
No hearings are scheduled in the case. Given the timeline for Damian Hauschultlz’s appeal, it is unlikely Tim Hauschultz goes on trial until 2023. He’s currently in jail, unable to post the $75,000 cash bond.
Although Hauschultz has been in custody for three years, with no specific end in sight, Judge Dietz ruled last month the wait does not violate his Constitutional rights.
Timothy Hauschultz and his wife, Tina McKeever-Hauschultz, were the court-appointed guardians for Ethan. They were not home at the time of the incident.
The complaint says on April 20, 2018, Timothy told his son Damian Hauschultz, then 14, to make sure 7-year-old Ethan Hauschultz completed his punishment.
That included, according to the complaint, Ethan Hauschultz being required to carry the log for two hours around a path in the backyard of their home. Damian said he had to carry wood for not knowing 13 Bible verses to Timothy’s satisfaction. The punishment was one week of carrying wood for two hours per day. Timothy picked out the logs, but Damian had to supervise the punishment for the younger children.
During that time the complaint says Ethan Hauschultz “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say Damian Hauschultz also stood on Ethan Hauschultz’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian Hauschultz buried Ethan Hauschultz in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Ethan died of hypothermia, but also had extensive other injuries, including blunt force injuries to his head, chest and abdomen, and a rib fracture, the medical examiner determined, the complaint states.
Tina McKeever-Hauschultz is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death.
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