By Bill Britt
Alabama Political Reporter
MONTGOMERY—The Judge in Speaker Mike Hubbard’s felony criminal case has issued further orders, as the clock ticks toward the March 28, trial in Lee County.
Late Tuesday afternoon, trial Judge Jacob Walker, III, addressed Hubbard’s motions to dismiss, because the Alabama Ethics Act is unconstitutional, and because he was the victim of Selective Prosecution. Judge Walker also ruled on Hubbard’s motion to dismiss because the Lee County Special Grand Jury had expired before his indictment.
Judge Walker ruled that Hubbard argument on the constitutionality of the Alabama Ethics Act failed stating, “The Defendant’s First Amendment challenges regarding the Alabama Republican Party, as well as all of the Defendant’s Constitutional challenges to the Alabama Ethics Act, necessarily fail.”
On Hubbard’s motion to dismiss due to Selective Prosecution, Judge Walker found, “To demonstrate selective prosecution, a defendant must show both that he was treated disparately, and that his prosecution was improperly motivated…In Alabama, a defendant must prove selectivity in enforcement, selectivity that is intentional, and selectivity based upon some invidious or unjustifiable standard such as race, religion, or other arbitrary classification.”
Hubbard has argued that he has been selectively prosecuted because similar offenses committed by others have gone unprosecuted by the State. He also claimed “he was targeted for prosecution by the State, in order to benefit General Strange politically, and that his prosecution has been pursued invidiously, and in bad faith.”
Judge Walker stated both arguments failed, and that the allegations made by a third party in this case disgraced former Deputy Attorney General Henry T. “Sonny” Reagan, are not evidence the Court can consider when deciding a motion.
Lastly Judge Walker denied Hubbard’s motion to dismiss the case because the Lee County Special Grand Jury had expired.
Over the last two days, Judge Walker has worked to clear pretrial motions ahead of the March 28 trial date.
Hubbard’s criminal lawyer, Lance Bell, will undoubtedly appeal some of the rulings to the Supreme Court, but it is believed the High Court will expedite the matter in order for Hubbard to have his day in court as scheduled.
