GREEN BAY, WI (WTAQ-WLUK) – Besides a change in attorney, Taylor Schabusiness could be getting a new judge, too.
Schabusiness, 25, is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault for allegedly attacking Shad Thyrion last year. She has pleaded not guilty and not guilty by reason of mental disease or defect.
After she attacked her attorney, Quinn Jolly, at a Feb. 14 hearing, Jolly left the case. A hearing is scheduled for Friday with the new lawyer, Christopher Froelich.
In his first act on the case, Froelich has asked Judge Thomas Walsh to remove himself from the case because of the attack.
“The issue of the defendant’s competency is still being evaluated by the licensed psychologist. The apparent incident did occur in the courtroom before the assigned judge who had an opportunity to observe what happened,” Froelich wrote.
Citing state law that the appearance a judge cannot act in an impartial manner is a reason for a judge to recuse themselves from the case, Froelich asks for that.
“The defense has a concern about potential pre-judgement of the defendant due to the apparent incident in the courtroom,” the motion states. “The defense counsel asks that the Court graciously consider these issues raised under (state law). The defense counsel does have concerns about the defendant’s mental health status and that any motions be considered once the defendant has been deemed competent to stand trial.”
Competency refers to the defendant’s ability to understand the court proceedings and assist in their own defense. It does not relate to her mental condition at the time of the attack. The issue of her competency still hasn’t been decided – which was one of the reasons the March 6 trial date was postponed.
Schabusiness is expected in court Friday afternoon.
