Judge says Huber is responsible for cost of grand jury transcript
WILLMAR -- Timothy Huber can have a transcript of the grand jury proceedings indicting him and his father with first-degree murder charges, but he will be responsible for the estimated $1,400 cost of the transcript.
District Judge Donald M. Spilseth issued an order Wednesday concluding that there is no authority, statute or case that indicates who is responsible for the costs of transcribing grand jury proceedings, but that it is accepted practice in Hennepin County and other jurisdictions that the requesting party pays the cost.
Huber, 46, and his father, Delbert Edwin Huber, 81, of rural Paynesville, were both indicted on first-degree murder charges in November for their roles in the October 2011 shooting death of 43-year-old Timothy Richard Larson on rural Belgrade property owned by Larson's father.
Public defense attorneys for Huber wanted the state to pay for the transcripts and requested as much during a May 8 hearing in Kandiyohi County District Court.
Huber's next hearing is Aug. 2. He has been held on $1 million bail in the Kandiyohi County Jail since the day of the shooting. His father has is jailed on $5 million bail.
Earlier this week, Delbert Huber's jury trial was moved from June to September before District Judge Michael J. Thompson. The trial is now set to begin Sept. 4, with an Aug. 9 omnibus hearing.
The delay of Huber's trial clarifies 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.
Thompson recently ruled that, in the interest of justice, standby counsel should be appointed for Huber. However, the delay allows a new law to take effect on Aug. 1 that requires the State Court Administration to pay for the standby counsel.
Huber hasn't hired a private attorney and has been denied a public defender because he owns land in Stearns and Kandiyohi counties.
The 80 acres of Kandiyohi County property was subsequently been transferred from Huber's possession, via quitclaim deed, to his relatives. Those relatives, his niece, Cherry DeMarais, and his sister, Elise Wagner, of Howard Lake, and the "fraudulent conveyance" of the land are also part of a wrongful death civil lawsuit filed by Larson's family.