Huston's lawyer's hearing reset for today in Great Fall

Shad Huston, whose sentencing was rescheduled after he and his lawyer were given the option of withdrawing a guilty plea, was supposed to have a hearing Tuesday about whether or not his lawyer should be able to represent him, but that hearing was rescheduled for today.

Huston, a business owner and former Havre school board chair, is charged with embezzlement in the widening Rocky Boy theft scandal.

The United States prosecutors moved to disqualify Huston's attorney, Michael Sherwood, in early April because they believed that Sherwood could not represent Huston any longer, as his co-defendant John "Chance" Houle is to be questioned in Huston's case, and Sherwood has represented both men.

Tuesday, Huston and his attorney filed motions to dismiss the counts to which Huston had previously pleaded guilty due to their opinion that "the prosecution has failed to persuade the grand jury to make specific factual findings to support a determination of probable cause regarded essential elements of the offenses charged."

Sherwood argued that prosecutors didn't make clear what Huston was pleading guilty to.

Huston pleaded guilty to theft from an Indian tribal organization, failure to file currency transactions reports and bribery, but retracted the plea where he admitted to accepting a payment of $300,000 from Tony Belcourt, who has already been sentenced for embezzling from the tribe.

Michael Sherwood, Huston's attorney, said that there was a mistake in their understanding of the nature of this payment.

There was confusion as to what the full definition of the charge was that his client had previously pleaded guilty to.

Huston allegedly gave kickbacks to Rocky Boy officials by depositing their checks at a local pawn shop his family owns. Huston maintains that a 2009 Chevrolet Suburban given to Bruce Harold Sunchild, who has already been sentenced to three years in prison, was a gift and not a payment.

The motion hearing was scheduled for 11 a.m. today. Huston's jury trial is set for May 4 at 9 a.m. at the Missouri River Federal Courthouse in Great Falls.