The first-degree murder trial of Perry Ross Shiro was set Monday for Jan. 3, 2011, after attorney Richard Roose filed a speedy trial motion.

Roose does not expect that trial to take place. Last week his client was served with a new charge. The Moore County Grand Jury indicted him as an accessory after the fact to first-degree murder in the killing of 12-year-old Emily Haddock.

“You can’t be both a principal and an accessory,” Roose said as he left court, shaking his head.

Following a rule requiring an administrative hearing within 30 days of indictment, prosecutor Peter Strickland set that for Nov. 15. Roose expects the state to proceed on the accessory charge, saying it was based on a statement in a proffer made by another of those accused of killing the child during a break-in. She was ill and at home from school that day.

In August, Michael Graham Currie pleaded guilty in a deal that gave him life without parole. Part of the deal included a full statement describing the events of Sept. 11, 2007.

On that day Currie and others broke into the family’s home on Marks Road near the Moore-Harnett county line. Haddock was home from school with strep throat. The intruders did not expect to find anyone there.

Currie shot Haddock with a stolen .22-caliber pistol when he encountered her, according to his previous admission in an earlier hearing. His proffer included a new claim — not made previously in any of a myriad of varying statements made by Currie and others — that he’d told Shiro the gun he was giving him had been used to kill Haddock.

“That statement is not anywhere else,” Roose said.

A co-defendant, Sherrod Nicholas Harrison, pleaded guilty in June to a lesser charge — being an accessory after the fact to first-degree murder — in return for his testimony against the other suspects.