Probation violation earns acquitted man prison time
Photo 
Jason H. Andritsch
ELKHORN — 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Andritsch's probation was revoked because the burden of proof for a revocation is less than what's needed for a criminal conviction, Koss said.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.
Jul 8, 2009 at 6:25 p.m.
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I am confused, as well. I try (and it isn't easy) not to post when upset or under the influence. I can't decide which this is.
Jul 8, 2009 at 3:51 p.m.
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Sounds like he will have a good time behind bars
Jul 8, 2009 at 3:06 p.m.
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Im also confused with thevoiceofkids's comments. I feel sorry for your children, and for you! Im just trying to figure out who you're saying did it, and i think you might be missing words here and there
Jul 8, 2009 at 2:46 p.m.
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Rediscovered - I know of this Andritsch guy. And I have followed the case. But until this article I have not seen anything, in print, about his juvenile, sexual offences. Sealed juvenile records are a huge problem. OFTEN young women find themselves LIVING with a dangerous offender, and don't have a clue. Just as often, young women are in abusive - verbal or physical relationships and don't know how to get out. Where were this guy's parents? Why did they let him live with a BABY? Where was his probation officer? Wasn't the State informed of this sex offender, living with a child? Maybe this was another case where a precious baby AND her clueless mother fell through the cracks of our justice system. He probably feels no guilt. But I believe God will find justice for "his" baby.
Jul 8, 2009 at 1:38 p.m.
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well as Ive read in this paper and in other articles, the jury was given sufficient evidence and I think their age and emotion got the best of them. I'm sure being on a jury is hard but if I was given the exact evidence that points to a killer I dont think it would be that hard to convict him.
Jul 8, 2009 at 1:19 p.m.
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Don't blame this on the Jury. The jury is charged with a difficult task of listening only to the facts presented in the case and deciding if there is enough evidence to prove the case beyond a reasonable doubt. Obviously, the prosecution did not prove its case to that standard. What was found in this man's home and whether or not it violated a separate probation condition was not something the jury was to consider. His probation violations only have to be proven by clear and convincing evidence, and only to a judge, not a jury. Please keep that in mind.
Jul 8, 2009 at 12:50 p.m.
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Well unfortunately SwissChick juvenile records arent available to the public so im pretty sure his girlfriend didnt know all the horrible things he had done. Thats why I think its important to make those records public so things like this dont happen!
Jul 8, 2009 at 12:29 p.m.
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What kind of person would have a child with that psycho? I swear - the world gets worse everyday. Sad.
Jul 8, 2009 at 12:07 p.m.
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I agree JCK he probably doesnt feel guilt...
Jul 8, 2009 at 9:25 a.m.
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I'm not certain this guy feels guilt, rediscovered. His history reads like a sociopath.
Jul 8, 2009 at 8:01 a.m.
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Thevoiceofkids-I am trying to decipher your posts...it is kind of hard to do. I can tell your upset, but when you post, maybe use spell check. I get from your post that your saying your child has been abused, but can't really get any information other than that from it.
Jul 8, 2009 at 1:54 a.m.
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I had been reading this case and thank God someone got this right. This guy deserves what he got. Maybe he didnt get acquitted but it must stink to get that close to getting off and then FINALLY be found out! I hate it when people think they can hurt kids and get away with it! I just hope this guy can live with the guilt of hurting one of God's little angels.
Jul 8, 2009 at 12:10 a.m.
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What does "sexualize staff" mean?
Jul 7, 2009 at 9:15 p.m.
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What a surprise! I bet it was a set-up...
Jul 7, 2009 at 6:26 p.m.
Jul 7, 2009 at 6:13 p.m.
Jul 7, 2009 at 5:28 p.m.
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Finally, SOME of the truth about this guy has reached a newspaper. I hope the jury members read the Gazette.
Jul 7, 2009 at 5:11 p.m.
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His family must be so proud of him! (!)
Jul 7, 2009 at 4:39 p.m.
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Wow, isn't this guy a prize.
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