Hubbard attorneys seek dismissal citing prosecutorial misconduct - WSFA.com Montgomery Alabama news.

Hubbard attorneys seek dismissal citing prosecutorial misconduct

(Source: WSFA 12 News) (Source: WSFA 12 News)
MONTGOMERY, AL (WSFA) - Alabama House Speaker Mike Hubbard's legal team wants the indictment against him thrown out, citing prosecutorial misconduct.

Hubbard's attorneys filed a motion to dismiss the indictment Monday, claiming the prosecution, investigation and special grand jury have been tainted. They also argue the emails released in a court filing last month were designed to embarrass and harm those whose private information was put in public domain.

They claim a deputy district attorney took things too far and the case became personal.

The filing alleges the prosecutor proposed using physical violence against Hubbard to try and get a plea deal.

To best understand the reported claims, you must understand why it was first documented.

Former Deputy Attorney General Sonny Reagan was recused from Hubbard's case along with the entire Attorney General's Office.

In memos to the Attorney General, Reagan documented Deputy Attorney General Matt Hart speaking to him about Hubbard's grand jury investigation on multiple occasions.

Court records indicate that's when Hart said he intended to ruin Hubbard politically.

Court records show the Attorney General's office launched an investigation into Reagan's documented claims, but Hart subpoenaed the investigation records for evidence in Hubbard's case and the investigation stopped.

The motion also alleges the grand jury minutes are rife with Hart's personal opinion and examples of tampering with witnesses.

We worked to confirm the authenticity of those documents written by Sonny Reagan, but his attorney, Bill Baxley, was in court all day and has not called us back.

The Attorney General's office declined to comment on the motion.

This issue among others will be taken up at a hearing on April 15.

[DOCUMENT: Hubbard Motion to Dismiss (.pdf)]  (Warning: Contains offensive language) 

Hubbard released this statement on Tuesday:

Obviously, I have strong feelings about the way this investigation has been conducted. However, I respect Judge Walker, I believe in the     legal process, and I'm confident the system will work. We are eager to appear in court Friday and look forward to the day when we can lay     all the facts on the table. Until then, I will continue to let the attorneys handle the legal business while I take care of the people's business.

Hubbard's legal team released this statement regarding the filing:

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.

The ongoing effort by the attorney general to conceal the facts associated with the Lee County Special Grand Jury investigation should be disturbing to every citizen in Alabama. The use of threats and coercion in an effort to prevent witnesses from testifying is never acceptable law enforcement conduct.

The threats made against Speaker Hubbard together with the obvious personal and political motives of the prosecution are shocking to everyone who believes in the rule of law.

We look forward to the hearing on April 15th.

Hubbard is facing 23 felony ethics charges and is expected to go to trial in October.

Copyright 2015 WSFA 12 News.  All rights reserved.

  • NewsMore>>

  • Students begin school walkouts on Columbine anniversary

    Students begin school walkouts on Columbine anniversary

    Friday, April 20 2018 12:26 AM EDT2018-04-20 04:26:49 GMT
    Friday, April 20 2018 2:17 PM EDT2018-04-20 18:17:20 GMT
    (AP Photo/Carolyn Kaster, File). FILE - In this March 14, 2018 file photo, young demonstrators hold a rally in front of the White House in Washington. Another wave of school walkouts is expected as students honor victims of gun violence and push for gu...(AP Photo/Carolyn Kaster, File). FILE - In this March 14, 2018 file photo, young demonstrators hold a rally in front of the White House in Washington. Another wave of school walkouts is expected as students honor victims of gun violence and push for gu...

    Another wave of school walkouts is expected as students honor victims of gun violence and push for gun control.

    More >>

    Another wave of school walkouts is expected as students honor victims of gun violence and push for gun control.

    More >>
  • In Comey memos, Trump talks of jailed journalists, 'hookers'

    In Comey memos, Trump talks of jailed journalists, 'hookers'

    Friday, April 20 2018 1:03 AM EDT2018-04-20 05:03:06 GMT
    Friday, April 20 2018 2:15 PM EDT2018-04-20 18:15:44 GMT
    (AP Photo/Susan Walsh). Copies of the memos written by former FBI Director James Comey are photographed in Washington, Thursday, April 19, 2018. President Donald Trump told former FBI Director James Comey that he had serious concerns about the judgment...(AP Photo/Susan Walsh). Copies of the memos written by former FBI Director James Comey are photographed in Washington, Thursday, April 19, 2018. President Donald Trump told former FBI Director James Comey that he had serious concerns about the judgment...

    President Donald Trump told former FBI Director James Comey that he had serious concerns about his first national security adviser, Michael Flynn.

    More >>

    President Donald Trump told former FBI Director James Comey that he had serious concerns about his first national security adviser, Michael Flynn.

    More >>
  • Dance music DJ Avicii dies in Oman

    Dance music DJ Avicii dies in Oman

    Friday, April 20 2018 1:52 PM EDT2018-04-20 17:52:29 GMT
    Friday, April 20 2018 2:14 PM EDT2018-04-20 18:14:31 GMT
    The artist is a force in the Electronic Dance Movement. (Source: AP)The artist is a force in the Electronic Dance Movement. (Source: AP)

    The artist is a force in the Electronic Dance Movement.

    More >>

    The artist is a force in the Electronic Dance Movement.

    More >>
Powered by Frankly