State responds to Hubbard motion to compel Brady production - WSFA.com Montgomery Alabama news.

State responds to Hubbard motion to compel Brady production

Alabama House Speaker Mike Hubbard (Source: WSFA 12 News file photo) Alabama House Speaker Mike Hubbard (Source: WSFA 12 News file photo)
OPELIKA, AL (WSFA) -

The State of Alabama is issuing a formal response to Alabama House Speaker Mike Hubbard's defense team which sought to compel the prosecution to release exculpatory material, or evidence from the state that would benefit the defense, as required by Brady v. Maryland.

Hubbard is facing 23 felony ethics charges.

The State's 27 page filing, issued on March 31, states that "Hubbard has failed to identify any alleged exculpatory material that has not been produced..." and that "Hubbard improperly seeks to obtain the State's work product and has failed to show either necessity or bad faith to overcome the presumption that the State has no obligation..." to turn over that material to the defense.

"Hubbard is not entitled to have the State provide him a roadmap of its mental impressions and legal theories regarding how the evidence against him fits together for purposes of trial," the State said. "Hubbard has his own attorneys and consultants to review the evidence and make that determination themselves."

[DOCUMENT: State Response to Hubbard Brady Production Motion (.pdf)]

The Hubbard defense team has not yet publicly reacted to the State's response.

In addition to this motion, the Hubbard defense team is seeking case dismissal on the grounds of prosecutorial misconduct.

Hubbard's trial is currently scheduled to begin on October 19, 2015.

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