The case for a 30-year-old Hutchinson man facing direct contempt charges was scheduled for trial next week, but has been pushed back to November 8.

Jose Delacruz refused to testify in the Anthony Waller murder trial and caused District Judge Tim Chambers to find him in contempt.

Delacruz was acquitted of the murder charge against him in association with death Joshua Haines back in April of 2010, but was convicted of aggravated robbery and given 83-months in prison. He allegedly admitted his involvement in the case to Hutchinson Police, but the video of that interview was suppressed in both his, and Waller trial’s. So, the state decided they would call him as a witness in the Waller case, but he refused and was found in contempt.

Defense Attorney Alice Osburn originally tried to get Judge Tim Chambers to quash the subpoena in the Waller trial saying it violated his 5th amendment rights. District Attorney Keith Schroeder in effort to get him to testify agreed to give him immunity from any further prosecution in this case, but Osburn worried about possible federal charges in association with this case, so she said her client would refuse to testify. Judge Tim Chambers took her request under advisement, then on February 22, ruled that he should be compelled to testify.

He refused on three occasions before and during the trial, and was found in contempt for those three times, however he may face trial on only one contempt charge, when the case goes to trial.