Taylor Schabusiness appears in court May 9, 2023. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – Taylor Schabusiness’ attorney has asked that all of the statements she gave to police in the days after the murder of Shad Thyrion not be allowed to be used at her trial, arguing her Miranda rights were violated because she was under the influence of drugs and could not legally waive those rights.
A judge will hear arguments on the motion June 13.
Schabusiness, 25, is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault for allegedly attacking Thyrion last year. She has pleaded not guilty and not guilty by reason of mental disease or defect. She is scheduled to stand trial July 21.
In the six-page motion, attorney Christopher Froelich outlines several arguments for suppressing the statements.
“The defense asserts that the defendant was in-custody when the officer asked her questions about whether she knew why officers were there. The defense asserts that there was a custodial interrogation when the officer had contact with the defendant outside the Eastman Avenue apartment building and during transport to the station,” he wrote. “The defense asserts that the defendant did not make a voluntary statement to detectives because she was allegedly under the influence of methamphetamine, trazadone and/or other substances. The defendant was unable to knowingly, intelligently and voluntarily waive her Miranda and other constitutional rights due to her mental health condition and intoxicated state.”
Schabusiness was placed in handcuffs immediately upon meeting police at the murder scene, meaning she was in custody at the time.
Froelich also cited her history of mental health issues.
“The defendant does have a history of genuine mental health impairments. The defendant has a substantial mental health history which the defense believes impacts her thinking and ability to comprehend. The defense argues that defendant’s mental health issues negatively affected her ability to understand questions posed to her on February 23, 2022 or to fully understand her rights,” he wrote.
Prosecutors have not yet responded to the motion.
According to the criminal complaint, police were called to a residence on Stony Brook Lane early in the morning of Feb. 23. There, police found a severed head inside a bucket in the basement.
Schabusiness said she and the victim were using drugs, including meth, and engaging in sexual play, when the man was strangled. She then sexually abused him, dismembered the body and placed body parts in various locations in the home and a vehicle, the criminal complaint states.
“Schabusiness made the comment that at one point, she did get paranoid and lazy and that she thought it was the ‘dope’ that was making her paranoid,” the complaint states.
Police say they took Schabusiness into custody later on Feb. 23 at an Eastman Avenue residence.
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