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Probation violation earns acquitted man prison time

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Pedro Oliveira Jr.
July 7, 2009
— An East Troy man will be sent to prison for five years even though he was acquitted on charges of first-degree reckless homicide in the death of his infant daughter, a Walworth County judge ruled.

Jason H. Andritsch, 27, of 2178 Clark St., No. 7, East Troy, was accused of first-degree reckless homicide and causing great bodily harm to a child in the 2007 death of his 3-week-old daughter, Naomi.


Despite the June 1 not guilty verdict, Andritsch's latest contact with the law was enough to violate his probation imposed after a 2001 burglary conviction, District Attorney Philip Koss said.


Andritsch's probation was revoked because the burden of proof for a revocation is less than what's needed for a criminal conviction, Koss said.


During the Naomi case, law enforcement officers searched Andritsch's apartment and reported finding pornography and a firearm, neither of which he was supposed to possess under terms of his probation.


The reckless homicide charge stemmed from the events of Oct. 7, 2007, when Andritsch and Naomi's mother, Tiffany Mielke, had decided to give the child a bath.


When the bath was done, Mielke went outside to dump the bathwater while Andritsch took Naomi to their bedroom. On her way back into the house, Mielke said she heard Andritsch say, "She's pooping," on his way from the bedroom to the bathroom with the baby.


After finding cleaning supplies, Mielke rushed to the bathroom and found a lifeless Naomi in Andritsch's arms.


Naomi was taken to Waukesha Memorial Hospital and later flown to Children's Hospital of Wisconsin where she died Oct. 13, 2007, one month after she was born.


A juror told the Gazette that unanswered questions and lack of proof prevented the jury from arriving at a guilty verdict.


Andritsch also has two sexual assaults in his record. He was convicted of sexually assaulting a 6-year-old and a 7-year-old when he was 15 years old.


Koss said Andritsch would sexualize staff at the detention home when he was a juvenile, and his parents were constantly concerned about their safety when Andritsch was growing up.


They locked their bedroom door at night because they said Andritsch multiple times had put knives under their sheets hoping they would lie down and get stabbed, Koss said.


His parents also told authorities Andritsch was emotionally unstable and constantly cried as a coping mechanism, Koss said.


"It's interesting to note that because he cried for most of the trial," Koss said.


Along with violating the terms of his probation from the burglary conviction, Andritsch also was found to have violated a restraining order against an East Troy woman he knew in 2001.



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