Jury selection scheduled Monday in younger Huber's murder case
WILLMAR — Jury selection in the first-degree murder trial of Timothy John Huber, for his role in October 2011 shooting death of Timothy Larson, is set to begin Monday in Kandiyohi County District Court.
The attorneys in the case argued multiple motions, including how the court will handle jury instructions, witness sequestration and subpoenas, during a trial management conference Tuesday morning before District Judge Donald M. Spilseth.
Spilseth will rule later on a motion by County Attorney Jenna Fischer to not allow the testimony from a St. Cloud area psychologist regarding Huber’s mental capacity.
Fischer argued during the hearing that Dr. Tim Tinius’ testimony wouldn’t be relevant to the case. In turn, Carter Greiner, one of Huber’s public defense attorneys, argued that Tinius’ testimony would simply counter the state’s witnesses and show if Huber was capable of playing a “mastermind” role in Larson’s murder.
Huber and his father, Delbert, were indicted on first- and second-degree murder charges in the case. Larson, 43, a teacher from Albertville, was killed Oct. 8, 2011, on his father’s rural Belgrade property after a confrontation with the Hubers.
During his August plea hearing in the case, Delbert Huber admitted that he pointed a loaded 303 British Enfield rifle at Larson and pulled the trigger during the confrontation. He claimed during his sentencing hearing in September that his son had nothing to do with the shooting and that Timothy Huber was doing farm chores when the killing occurred.
The elder Huber, 82, was sentenced to 367 months in prison, the maximum possible sentence for second-degree murder. As part of a plea agreement, the first-degree indictment against Delbert Huber was dismissed.
Timothy Huber, 47, faces the possibility of spending life in prison, if he is convicted of first-degree murder. He has been held in the Kandiyohi County Jail on $1 million bail since the day of the shooting.
According to the state Department of Corrections website, the elder Huber is in the Minnesota Corrections Facility at Faribault.
Fischer also noted in the hearing that the state has numbered 175 exhibits in preparation for the trial, which is scheduled for three weeks.
Greiner and Marshall-based public defender Stephen Ferrazzano have 26 people listed on their witness list. The state’s witness list includes 44 people. Fischer and assistant county attorneys Dain Olson and Christos Jensen are prosecuting the case.