Huber Trial Moved to September 17 May 12

Delbert Huber’s trial for the October 2011 killing of Timothy Richard Larson has been moved to September.

In a court hearing Wednesday, The West Central Tribune reports the 81-year-old rural Paynesville man agreed to move his two-week jury trial from June to September.

District Judge Michael Thompson set the trial to begin September 4the, with an omnibus hearing to handle any pretrial matters set for August 9th.

Huber, and his son, 46-year-old Timothy John Huber were both indicted on first-degree murder charges for their roles in the shooting death of the 43-year-old Larson at a rural Belgrade residence. They face life in prison if convicted.

Delbert Huber allegedly shot Larson with a 303 British Enfield rifle during a confrontation over the fact that Larson ordered the Hubers and their farm equipment off Larson’s father’s farm.

The elder Huber still doesn’t have an attorney to represent him in the case.

The delay of the trial will clarify the issue of who pays for Huber’s standby counsel, an attorney to attend the hearings and trial and advise the defendant on court rules, procedures and law if he represents himself. A standby counsel does not act as a defense lawyer or strategize with the defendant.

Thompson ruled last week that, in the interest of justice, standby counsel should be appointed for Huber. However, the delay allows a new law to take effect on August 1st that requires the State Court Administration to pay for the standby counsel.

The judge said the standby counsel will be dismissed from his duties if Huber has his own attorney and that the legal process isn’t going to stop for Huber’s delays.