Schaffhausen plea change put on hold

Father accused of killing girls had been expected to plead guilty but argue he wasn't responsible because of mental defect.

March 28, 2013 at 2:44AM
icon1:46
(Shari L. Gross/Shari L. Gross)

HUDSON, WIS. – An expected guilty plea from the man accused of killing his three daughters in their River Falls, Wis., home last summer was put on hold Wednesday.

At issue was what kind of evidence could be allowed at trial if Aaron Schaffhausen decides to admit to the crimes but still argue to a jury that he shouldn't be held responsible for them because of his mental health.

St. Croix County Circuit Judge Howard Cameron said attorneys would file court papers on the question and meet again at a hearing Thursday afternoon.

Schaffhausen attorney John Kucinski told the Star Tribune on Tuesday evening that his client was considering pleading guilty to committing the crimes while still maintaining that he is not responsible because of mental disease or defect.

Kucinski argued in a document filed Wednesday morning that pleading guilty should mean excluding all testimony of alleged threats to Schaffhausen's ex-wife or the children, as well as all autopsy and crime scene data "since the sole issues are, at the time of the crimes, was Aaron suffering from a mental illness."

Prosecutor Gary Freyberg had raised concerns in a Tuesday letter to the judge. "The defendant should be questioned thoroughly about why he is changing his plea," Freyberg wrote. He argued that much of the evidence that would have been presented at trial to determine guilt should still be allowed to determine mental responsibility.

The trial is scheduled to begin Monday.

In a filing Wednesday, Freyberg wrote that "evidence that a defendant attempted to conceal a murder weapon, to alter the crime scene, to destroy or conceal evidence all have a strong tendency to show that defendant understood the wrongfulness of his conduct."

Evidence is relevant, he wrote, to show the degree of planning and preparation by Schaffhausen, whose "very presence in River Falls, at a time when he was supposed to be at work in Minot, North Dakota, bringing with him multiple sharp instruments, is evidence of conscious choices tending to show planning and preparation."

Schaffhausen, 35, is charged with three counts of first-degree intentional homicide in the July 10 deaths of his daughters, 11-year-old Amara, 8-year-old Sophie and 5-year-old Cecilia.

During Wednesday's hearing, attorneys argued over several procedural points, including what photos of the girls may be shown. His ex-wife, Jessica Schaffhausen, sat in on the court proceedings for the first time Wednesday, at times watching Aaron Schaffhausen while he sat motionless and stared straight ahead.

Asked why his client didn't change the plea Wednesday, Kucinski said after the hearing "we really have to wait until tomorrow because we have to confirm stuff," adding they had to look up some laws and see how the judge would rule.

Freyberg said his team will be ready for either kind of trial Monday.

"It is a difficult, challenging landscape when you're not sure which phase of the case is going to start in … five days," he said. "We will be prepared to present whatever is necessary to see that justice is done."

Pam Louwagie • 612-673-7102

Aaron Schaffhausen, 35, never looked over to his estranged wife who showed up at a St. Croix County Courtroom Wednesday,
Aaron Schaffhausen, 35, never looked over to his estranged wife who showed up at a St. Croix County Courtroom Wednesday, (Star Tribune/The Minnesota Star Tribune)
Aaron Schaffhausen, 35, made his way into a St. Croix County Courtroom Wednesday, March 27, 2013. Schaffhausen is accused of killing his three children in their River Falls, WI home in July, 2012. (ELIZABETH FLORES/STAR TRIBUNE) ELIZABETH FLORES • eflores@startribune.com
Aaron Schaffhausen, accused of killing his three daughters in River Falls, Wis., made his way into a St. Croix County courtroom. For the first time, his ex-wife was there to watch the proceedings. (The Minnesota Star Tribune)
about the writer

about the writer

Pam Louwagie

Reporter

Pam Louwagie is a regional reporter for the Minnesota Star Tribune. She previously covered courts and legal affairs and was on the newspaper's investigative team. She now writes frequently about a variety of topics in northeast Minnesota and around the state and region.

See Moreicon

More from No Section

See More
FILE -- A rent deposit slot at an apartment complex in Tucker, Ga., on July 21, 2020. As an eviction crisis has seemed increasingly likely this summer, everyone in the housing market has made the same plea to Washington: Send money — lots of it — that would keep renters in their homes and landlords afloat. (Melissa Golden/The New York Times) ORG XMIT: XNYT58
Melissa Golden/The New York Times

It’s too soon to tell how much the immigration crackdown is to blame.