By Kevin Boneske
For The News-Chronicle
A Kewaunee-area man sentenced to prison last year on multiple sexual assault counts is seeking to have his conviction dismissed.
Kevin J. Hauschultz, 37, appeared Monday in Kewaunee County Circuit Court for a motion hearing. Hauschultz was accused of forcing sex on a now-teenage girl from 1998 to 2000 at his town of Carlton residence.
He was sentenced May 8, 2002, to at least 25 years in prison on three counts of first-degree sexual assault, two counts of second-degree sexual assault and one count of intimidating a victim. A jury found him guilty in March 2002.
Assistant state public defender Steven Paul Weiss cited four reasons for seeking a court order dismissing Hauschultz's conviction as unproven or calling for a new trial. He is arguing that there was a failure of proof beyond a reasonable doubt to justify a conviction, vacating the conviction is in the interest of justice, giving a calendar to the jury during its deliberations amounted to "extrinsic evidence" and that Hauschultz had ineffective legal counsel.
Weiss' motion to dismiss is challenging inconsistencies in the dates of offenses alleged in court records. But assistant district attorney Elma Anderson said the difference in dates is irrelevant because the jury didn't hear them.
Weiss is arguing that his client's case was not fully or adequately tried because of confusing evidence of when the alleged misconduct occurred. But Anderson has stated in response that the defense wasn't prevented from arguing about any inconsistencies in the girl's testimony, while the trial's outcome likely wouldn't have been different had that occurred.
Prior to issuing a ruling on whether to dismiss the conviction, Judge Dennis J. Mleziva, who presided at the trial and sentenced Hauschultz, has directed Weiss and Anderson to submit legal briefs, each due in November, with Weiss' subsequent reply due Dec. 5.