MONTGOMERY, AL (WSFA) - State prosecutors have filed a response opposing Mike Hubbard's request for the Lee County Sheriff's Office to investigate alleged juror misconduct in his ethics trial.
Hubbard's attorneys filed the motion Friday afternoon, right after Hubbard was sentenced to four years in prison. Hubbard was convicted on 12 felony ethics charges last month.
The defense's motion relies on the word of one juror whom Hubbard's defense team said became so uncomfortable with other jurors' comments and conversations that he or she sought help from an attorney by the second week of the trial.
The defense's motion redacts the names of the jurors, including the one who allegedly made the claims.
In their response, the state requested an unredacted version of the defense's motion.
"The State has a right to know the basis of Hubbard's request to investigate the Lee County jurors that found him guilty after seven hours of deliberation," the state's response stated.
The state also argued an investigation by the Lee County Sheriff's Office shouldn't be allowed, saying Hubbard can challenge the verdict with a motion for a new trial but he hasn't. They also argue the court is the only authority with jurisdiction to address the juror misconduct claims.
Judge Jacob Walker ordered lawyers on both sides in the case to have no contact with jurors or alternate jurors until he has a chance to conduct a hearing on the request for an investigation.