GREEN BAY, WI (WTAQ-WLUK) — About 130 prospective jurors are expected to report to the Brown County Courthouse Friday, as Taylor Schabusiness returns to court for a pair of hearings which will shape next week’s trial on charges she killed, dismembered and sexually assaulted Shad Thyrion.
Schabusiness is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault. According to the criminal complaint, police were called to a residence on Stony Brook Lane early in the morning of Feb. 23, 2022. There, police found a severed head inside a bucket in the basement. Schabusiness said she and Thyrion were using drugs, including meth, and engaging in sexual play when he was strangled. She then sexually abused him, dismembered the body and placed body parts in various locations in the home and a vehicle, the criminal complaint states.
The morning hearing will be the latest in a series regarding Schabusiness’ competency — that is, if she is able to understand the court proceedings and assist in her own defense. It does not address her mental state at the time of the attack.
The issue has been raised several times since the February 2022 murder, with Judge Thomas Walsh ruling each time she is competent to stand trial.
However, last Thursday, for the first time, a mental health professional testified she believed Schabusiness is not competent. Diane Lytton was hired by the defense. When being questioned by prosecutors, though, Lytton said Schabusiness did understand the roles of the various people in court and the potential penalties she faces.
On Friday morning, another psychologist — this one hired by the state — is expected to testify about the competency issue. After that, Judge Walsh will decide if Schabusiness is competent. If so, the case will continue. If not, the trial will be postponed.
If the case proceeds, the afternoon is scheduled for jury selection.
The field has already been narrowed marginally, after the attorneys reviewed questionnaires filled out by the prospective jurors. Even after that, more than 130 prospective jurors are expected to report for questioning by the attorneys.
The panel will eventually be narrowed to the 15 jurors who will hear the case. After closing arguments, alternates will be selected and removed, leaving the 12 people to decide her fate.
Because Schabusiness has pleaded not guilty and not guilty by reason of mental disease or defect, a two-stage trial is planned.
In the first stage, the jury will be asked to decide guilt or innocence on the three charges. If she is convicted, the same jury will hear the second phase of the trial, where it will be asked to determine if Schabusiness suffered from a mental disease or defect at the time of the crime. If the jury rejects the so-called insanity defense, she would face life in prison if she were convicted of the first-degree intentional homicide charge. If the judge determines Schabusiness did suffer from a mental disease, she would be committed to a secure psychiatric facility.
Starting with opening statements Monday morning, the trial is currently scheduled to last five days.
