Lawyers in first-degree murder case want state to pay for grand jury transcript
WILLMAR -- Public defense attorneys for Timothy John Huber want the state to pay for a $1,400 transcript of the grand jury proceedings in which their client was indicted on first-degree murder charges in the Oct. 8 death of an Albertville man.
During Tuesday's hearing in Kandiyohi County District Court, attorneys Stephen Ferrazzano II and Carter Greiner asked District Judge Donald M. Spilseth to order that the entire transcript be made available to the defense counsel at state expense. Preliminary estimates from the court reporter in the case put the cost at $1,400.
County Attorney Jenna Fischer said that the state had no objection to the defense obtaining the transcript, because the witnesses called during the grand jury would be the same as those called during a trial in Huber's case.
The only issue, she said, was determining who pays the cost.
Spilseth took the matter under advisement.
The judge granted a motion by the state to collect a DNA sample from Huber. Huber's defense made no objection to the motion.
An omnibus hearing for Huber was set for Aug. 2.
During an omnibus hearing, a defendant can enter a plea of guilty or not guilty, the attorneys can present evidence in the case and ask the judge for a determination if there is probable cause for the case to go to trial.
Huber 46, and his father, Delbert Edwin Huber, 81, of rural Paynesville, were both indicted on first-degree murder charges for their roles in the death of 43-year-old Timothy Richard Larson on rural Belgrade property owned by Larson's father.
Timothy Huber hadn't appeared in court since December because a mental health evaluation was ordered by Spilseth. Huber has been held on $1 million bail in the Kandiyohi County Jail since the shooting death. His father has also been jailed, on $5 million bail.
According to the criminal complaint, Delbert Huber allegedly shot Larson with a 303 British Enfield rifle during confrontation over the fact that Larson ordered the Hubers and their farm equipment off farm property owned by Larson's father.
The elder Huber has appeared multiple times in court without a lawyer and has repeatedly said he and family members are attempting to hire an attorney. He said during a Jan. 23 hearing that he could have a lawyer by the April 12 omnibus hearing scheduled in his case. That hearing was cancelled, with another hearing set for May 16. A two-week jury trial for the elder Huber is set to begin June 18.