Kohlmeyer also pointed out that there is no case law that addresses a child being egregiously abused through starvation. He said the evidence that suggests the Hauers went out of their way to keep the boy from eating, such as putting an alarm on his bedroom door and having the other children watch him, isn't what it appears to be. Those actions were taken because the boy had been eating garbage and raw hamburger, he said.
The three judges will consider the arguments, review the court record and issue a ruling. The Hauers are scheduled to go to trial for criminal charges that were filed by Fischer as a result of the alleged abuse. Mona Hauer's trial is scheduled to start Oct. 21 and Russell Hauer's trial is scheduled to start Nov. 14.