Prosecutors in the appeal of Timothy Hauschultz are opposing the appeal in his case from the defense.
During a February motion hearing, Manitowoc County Judge Jerilyn Dietz denied a plea deal that would have Timonthy plead guilty to two charges of child abuse and would have allowed his time served in prison.
After Dietz stuck with her decision a second time, attorneys for Timothy asked the judge to rescue herself, claiming bias, and then asked for a Court of Appeals to hear the case.
Dietz agreed to allow an appeals court to hear the case and moved the trial to October this year.
Documents from Fox 11 show that Assistant Attorney General Michael Conway says, “Although prosecutors (also) asked the circuit court to accept the plea deal, the state in candor recognizes that the trial court appropriately exercised its discretion in rejecting it. It correctly identified the applicable legal standard.”
Documents from Conway also say that the Manitowoc County Circuit Court weighed in on the “vehement” opposition of the plea agreement with Ethan Hauschultz’s mother.
Conway finishes by saying that Timothy has not established a substantial likelihood of prevailing on his judicial bias claim, and an evidentiary issue is not fit for review and is meritless.
Court records previously showed that an appeals court could rule on the issue today, but it’s not truly clear when it will happen.
Timothy is facing charges in the 2018 death of Ethan Hauschultz after he died from being poked and hit over 100 times while carrying a heavy log in the snow.
Damian Hauschultz is serving a 20-year prison sentence in Ethan’s death, but prosecutors say Timothy ordered the punishment to happen.
