Hubbard defense team alleges prosecutorial misconduct, asks judge to dismiss charges

Alabama House Speaker Mike Hubbard speaks at a press conference Oct. 21, 2014

MONTGOMERY, Ala. — Lawyers for Alabama House Speaker Mike Hubbard on Monday asked a judge to dismiss the 23 felony charges against him, alleging misconduct by the State’s prosecution team.

“The prosecution, investigation, and Special Grand Jury have been tainted,” Hubbard’s defense team wrote in their motion to dismiss.

Their misconduct allegations center around two individuals in the attorney general’s office who have accused each other of leaking confidential information from the court proceedings. In particular, the Hubbard defense team claims an extensive filing by the state was detailed on a statewide media outlet just minutes after it became public, which they believe only could have happened if the outlet had received leaked information.

The defense also alleges the state released “confidential and private information” in the aforementioned filing, including “personal telephone numbers and records and bank account numbers of witnesses who appeared before the Special Grand Jury.” The 123-page filing goes on to allege personal attacks by prosecutors, threats and intimidation tactics and tampering with witnesses.

“Today’s filing results from continuing research and investigation by the legal team for Speaker Hubbard, and it reveals even more reasons Alabamians should be troubled by how and why this case has been pursued by prosecutors,” Hubbard’s attorney Mark White said in a statement.

The prosecution has frequently dismissed such allegations by the Hubbard defense team as nothing more than “bogus” attempts to cast doubt on their investigation and subsequent criminal charges, but declined a request for comment from the Associated Press.

In addition to the misconduct allegations, Hubbard’s is seeking documents from Gov. Robert Bentley that they believe could be advantageous to their defense. Hubbard is accused of lobbying the governor’s office on behalf of a consulting client of his, which, if proven true, would be a violation of state ethics laws. All of the counts in the indictment revolve around Hubbard using his public office — whether as chairman of the Alabama Republican Party or as Speaker of the Alabama House — for personal gain.

State prosecutors responded to the request with their own filing, claiming that Hubbard’s team is implementing a misdirection tactic to derail a hearing scheduled for April 15.

“Hubbard seeks to require a sitting Governor, the Attorney General, the Chief Deputy Attorney General, nine other members of the Attorney General’s Staff, including Division Chiefs, a state representative, and two radio talk show hosts appear in Court on April 15th, even though the issue of whether Hubbard may conduct an evidentiary hearing is presently before the Court,” the filing stated, according to the Montgomery Advertiser. “Hubbard’s dubious litigation tactics and abuse of subpoenas should not be tolerated by this Court.”

Lee County Circuit Judge Jacob Walker has scheduled a hearing for this Friday to “further discuss issues to be heard” at the hearing April 15.