Prosecution rests in Hubbard ethics trial after 10 days of testimony

Prosecution rests in Hubbard ethics trial after 10 days of testimony

MONTGOMERY, AL (WSFA) - The prosecution has rested its case following 10 days of testimony in the trial of Alabama Speaker of the House Mike Hubbard. Following the prosecution's decision the defense offered a motion seeking to dismiss all counts against Hubbard. After Judge Jacob Walker heard arguments from both sides, he denied the motion saying it was clear both sides "respectfully disagree," and it's the jury's decision.

Below is a breakdown of witness testimony in the the final day of the prosecution's case.

Details on the defense's surprising move to call Hubbard as its first witness can be found HERE.


The state started Tuesday morning with one of its final witnesses, who also spent the most time on the stand. In total, former Gov. Bob Riley spent about 11 hours testifying over three days.

Riley's interactions with prosecutor Matt Hart were tense and frustrating for both sides. Defense attorney Bill Baxley's cross examination of Riley was filled with constant objections from Hart.

First thing Tuesday morning, Riley asked the judge if he could make a statement to Hart and was met with an immediate objection from Hart. The judge denied Riley's request. This is a sharp contrast to what was allowed last week when, in a bizarre moment in the courtroom, Riley's daughter, Minda Riley Campbell, was allowed to give a minute-long closing statement about her thoughts on Hubbard and his innocence.

Riley and Campbell did their best to paint a picture of Hubbard as an exceptionally talented man who was very careful to follow the rules.

"General there is no question about it. I have never seen anyone put as much effort to making sure everything he did had been blessed, had been reviewed," Riley said Tuesday during cross examination by Baxley.

They also stressed the Riley family's close personal relationship with the Hubbard family, which has been one of the defense's biggest arguments throughout the trial.

The defense has argued that anything of value he received was from friends and therefore exempt from the ethics law and legal.


The state's final witness was a special investigator with the Alabama Attorney General's Office. Greg Fee, who is a licensed CPA, examined checks from the companies Hubbard had consulting contracts with and Hubbard's tax returns.

The one thing the state and the defense agrees on is that Hubbard was in financial turmoil and worked incessantly to find new income.

According to the investigator, Hubbard made an average of $31,000 a month from March 2012 to July 2014, which is the time frame he was paid for consulting.

Mike and Susan Hubbard's average annual income from 2009 to 2012 was about $334,000 - $312,928 in 2009, $327,420 in 2010, 352,873 in 2011 and $342,828 in 2012.

Defense attorneys fought unsuccessfully to keep the tax returns out of evidence. The state cited one the defense's own arguments for a reason why the family's income was relevant. The defense has stated numerous times throughout the trial that Hubbard was forced to find income after losing his job because being a legislator is meant to be part-time and you can't live off that salary.

The tax returns show Hubbard's salary from the state was $42,577 in 2009, $44,396 in 2010, $55,970 in 2011 and $61,242 in 2012.

The defense tried to argue that Hubbard's pay increase when he became speaker in 2011 was only about $1,500 a month. The defense also tried to show the jury that the money Hubbard received from his consulting contracts and investments didn't go into his pocket, it went directly into paying for business expenses like supplies, postage and employees.

After the state rested, the defense offered a motion to have some or all of the charges against Hubbard dropped. After hearing arguments from both sides, presiding Judge Jacob Walker denied the motion.

Defense lawyers for indicted Alabama House Speaker Mike Hubbard say they might seek testimony from a number character witnesses, including Heisman Trophy winner Bo Jackson. They are expected begin calling witnesses Tuesday afternoon.

Hubbard is charged with 23 felony ethics charges. He's accused of using his position for personal financial gain. Hubbard says he's innocent and the transactions were legal.

Copyright 2016 WSFA 12 News. All rights reserved. The Associated Press Contributed to this report.