By Bill Britt
Alabama Political Report
MONTGOMERY— On Thursday, December 3, indicted Speaker Mike Hubbard filed yet another motion demanding the Attorney General’s Office turnover a laundry list of documents.
In a case that court observers see as showing signs of veering out of control, Hubbard’s attorneys once again papered the court in pursuit of records that might prove prosecutorial misconduct.
On March 2, the defense subpoenaed the Custodian of Records in the Alabama Attorney General’s Office. Trail Judge Jacob Walker III has shown a reluctance to admit such documents. Because Judge Walker has failed to resolutely rule on this and a host of other matters, Hubbard’s attorneys continue to push for greater latitude.
Speaking on background, defense attorneys who have observed the proceeding in Judge Walker’s court are questioning the deference he has shown Hubbard.
In the latest filings, Hubbard’s criminal lawyer J. Mark White quotes Adolf Hitler’s Mein Kampf. He also alludes to Joseph Stalin (though his reference was inaccurate.)
White again asserts that prosecutor Matt Hart has made threats of physical violence against Hubbard, all based on memos from disgraced former Deputy Attorney General Henry T. “Sonny” Reagan.
Judge Walker has already allowed Reagan to testify at the recent evidentiary hearing, but Team Hubbard also wants all communication between at least 10 individuals, including former AG Chief Deputy Kevin Turner, that reference the same material Reagan testified to.
The documents do mention that Turner has been deposed by the defense.
Hubbard’s legal team long ago stopped arguing guilt or innocence, choosing to instead flood the court with motions to dismiss based on a number of procedural issues.
To the dismay of many observers, and with the trial around three months away, Judge Walker has not ruled on simple matters, such as if Acting Attorney General W. Van Davis was properly appointed. Judge Walker did dismiss the claim that Davis was improperly appointed in the Rep. Barry Moore trial (which stemmed from the Hubbard Grand Jury), but many questions remain unsettled.
The recent filing is seen as yet another attempt to overwhelm the court, and delay going before a jury of Hubbard’s peers.
In January 2015, Sheldon “Shelly” Silver, the Speaker of the New York House was tried and found guilty on all counts on November 30, 2015, just ten months after he was indicted on similar charges as Hubbard.
Almost two years will have passed from Hubbard’s indictment to trial, if the current date on March 28, 2016 holds.
