Michael Haydon

Michael Haydon is accused of killing Kolbe and Kolbe truck driver Pat Zemke as he slept in the cab of his truck on an Interstate 39 off-ramp in November 2003. Prosecutors believe Haydon shot Zemke because he wrongly believed that Zemke was having an affair with his ex-girlfriend. Haydon is serving a 25-year prison sentence for sexually assaulting the woman hours before the alleged murder.

STEVENS POINT, Wis. (WSAU) – A Portage County judge has postponed for a week-and-a-half his decision on whether to let a trucker’s accused killer use a third-party defense at trial in February.

Judge Thomas Flugaur will release the decision December 1st.

Flugaur needs more information about the theory that claims someone else had the same motive and opportunity that Michael Haydon did to kill Kolbe and Kolbe trucker Pat Zemke in November 2003.

Flugaur also wants Haydon, who did not appear in the courtroom Friday, to be present for the decision.

Flugaur has already said that prosecutors can use DNA from dog hairs collected at the scene to show Haydon was present in the truck. The hairs have been linked to the same breed of dog that Haydon and his ex-girlfriend owned.

Flugaur also has ruled that jurors can hear that Haydon sexually assaulted his ex hours before the murder. Prosecutors say the ability to show that is key to their theory in the case – that Haydon killed Zemke because he wrongly believed Zemke was having an affair with the woman.

A trial is scheduled to begin February 8th.