Prosecutors will not seek the in the murder case of 88-year-old Belmont resident Albert Korn.
The announcement came Friday, the same day San Mateo County Superior Court Judge Mark Forcum set Oct. 15, 2012 as the date for the start of the jury trial in the case of .
Hutchinson, a transient on probation for criminal threats and battery involving an earlier attack on a victim at the San Mateo Caltrain station, is charged with breaking in and killing Korn in the elderly man's Belmont home in June 2009.
The defendant allegedly in the 2500 block of Hallmark Drive on June 2, 2009, robbed and beat him and then drove away in Korn's 2004 Jaguar. Hutchinson was caught two days later in West Sacramento committing residential burglary.
Korn died at Stanford Hospital on June 17, 2009.
When asked by Judge Forcum if he waived his right to a speedy trial, Hutchinson, who now has a slight goatee and glasses, answered, "Yes."
Defense attorney Richard Keyes withdrew as counsel and James Thompson will be the only attorney for the trial. Deputy District Attorney Al Giannini will prosecute the case.
The defendant remains in custody in San Mateo County Jail on no bail status.