Politics & Government

Another Postponement in Trial for Man Accused of Murdering Albertvile Teacher

After more than three months, there has been no progress in the trial against Delbert Huber, the man charged with shooting and killing St. Michael-Albertville special education teacher Timothy Larson last fall.

A Kandiyohi County has given Delbert Huber, the man charged with shooting and killing St. Michael-Albertville teacher Timothy Larson, one more chance to find legal represenation.

Ruling against the objection of Kandiyohi County Attorney Jenna Fischer, Judge Michael Thompson rescheduled the omnibus hearing for the elder Huber for April 12, as Delbert Huber asked for more time to procure an attorney.

Twice, judges have ruled Huber is not eligible for a public defender, because he owns land near Paynseville that is valued in the hundreds of thousands of dollars. He does not meet the criteria, therefore, for public defense, they stated.

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According to an article yesterday in the West Central Tribune, Fischer objected to the fourth stay handed down in the case, saying Huber has had plenty of time to get his finances in order, manage his estate and hire local legal representation.

“We object to any further continuances in this matter,” the Tribune quotes Fischer stating during the hearing, noting that the case has stalled. “We’ve been delayed and delayed and delayed.”

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The omnibus hearing is usually an opportunity for both sides to present evidence, or discovery, in the case. Without an attorney, Huber hasn't been able to gather any evidence to support his defense.

McDonald had seemingly reached his limit with delays in the case last month, when he issued somewhat of an ultimatum to Huber, telling him to get his house in order.

“It is the court’s decision that Mr. Huber does have the ability to procure private counsel,” the Tribune said Thompson announced after reopening a hearing last month to the media and public. “Whether he does so is his decision.”

Yesterday's hearing, held in Willmar, was the seventh hearing where Huber appeared without representation. In all seven appearances, Huber has been wheeled into the courtroom in a wheelchair, wearing his orange prison jumpsuit. He is being held on $5 million bail.

Huber and his son, Timothy, have been held on bail since the day they were charged in Larson's murder. According to arrest documents and court proceedings, the elder Huber is accused of shooting Larson the morning of Oct. 8, then waiting 12 hours to report the incident to the local sheriff's department.

Larson was a sepcial education teacher at

 through his attorneys to plead he was under mental duress at the time of the shooting. In a hearing on Dec. 7, 2011, Judge Donald M. Spilseth ordered a mental evaluation for Timothy Huber, to be performed by Dr. Edmund Nadolny. That report will be filed with the court. 

Timothy Huber's bail is set at $1 million. 

The sentence for murder in the first degree-premiditated is life imprisonment.


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