Hubbard attorneys seek dismissal citing prosecutorial misconduct

Hubbard attorneys seek dismissal citing prosecutorial misconduct

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.

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

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