MANITOWOC (NBC 26) — Manitowoc County Judge Jerilyn Dietz described it as yet another delay in an already old case.
After another push from the state and the defense, a jury trial did not start as scheduled on Tuesday.
“This matter has been so delayed that dragging it out further may make the trauma worse,” Dietz said.
On Monday, it was another court hearing and another delay in the murder trial of Timothy Hauschultz. The trial was set to begin Tuesday morning, but on Thursday, the state and the defense agreed to a plea deal that would have avoided a trial.
The deal would have seen Hauschultz plead guilty to two counts of child abuse but not guilty of murdering his 7-year-old great-nephew, Ethan Hauschultz, whom he had legal guardianship over at the time.
Dietz rejected the deal, questioning how it took shape.
“The state exercised its right to charge Mr. Hauschultz with six felonies and two misdemeanor offenses in 2019. The state objected to every motion to modify bail. And to now arrive at this agreement suggests that something significant changed,” Dietz said.
That led to a motion by the defense to have Dietz removed from the case, arguing she was biased.
“The issue, in the court’s view, is that the punishment available to Mr. Hauschultz is not severe enough for the court’s liking. So that alone is troubling given that he is presumed innocent,” defense attorney Bradley Novreske said.
Dietz refused, saying she had every right to reject the plea deal.
“You can make faces all you want,” she told the defense.
Investigators say Timothy Hauschultz punished Ethan and other children by making them carry a heavy log for hours before Ethan was beaten to death by Hauschultz’s son, Damian.
Damian is currently serving 20 years in prison for his role in Ethan’s killing.
At the end of Monday’s hearing, all sides met in Dietz’s chambers. When they came out, the judge announced the trial would not proceed as scheduled.
“Some information was provided that have led me to reconsider my previous position on that issue alone and I am going to regrant the request to adjourn the trial,” Dietz said.
She did not disclose what specific information led to her decision.
All parties will meet back at the Manitowoc County Courthouse on March 5 at 11 a.m. for further proceedings, but Judge Dietz warned there will be a delay before another jury trial date gets scheduled.
**The information below is from previous updates in the story.**
Judge Jerilyn Dietz has granted the parties' request to adjourn the trial, rescheduling it until next week.
NBC 26's Noah Cornelius will have more on NBC 26 News at 5, 6 and 10.
EARLIER: Judge Dietz calls for recess until 1 p.m. to re-review the plea agreement submitted by the defense.
Judge Dietz is also reviewing case law to determine if there is adequate standing to delay the jury trial, given that the defense wants her to recuse herself — which Dietz has denied.
Timothy Hauschultz's defense team has motioned for Judge Jerilyn M. Dietz to recuse herself from the trial, citing bias.
Defense attorney Bradley Novreske is arguing that Judge Dietz has shown "bias" in her ruling to deny a plea agreement on Thursday.
Hauschultz stands accused of ordering punishment against his great nephew Ethan Hauschultz, whom he had legal guardianship over at the time, that led to the boy's death.
Judge Dietz again denied the motion and the plea. As of 10:30 this morning, the defense is currently in a 30 minute recess to reconsider Judge Dietz's denial of the plea.
You can watch court proceedings live below:
The charges stem from the 2018 death of Hauschultz's seven-year-old great-nephew, Ethan Hauschultz. Timothy, Ethan's legal guardian at the time, was accused of ordering punishment that led to the child’s death.
On Thursday, Judge Jerilyn Dietz said considering the seriousness of the charges, she could not accept the deal, stating it would not be in the public's interest.
