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Stealing the Statehouse

Judge to Hold Hearing on Subpoenas in Hubbard Criminal Case


By Bill Britt
Alabama Political Reporter 

MONTGOMERY— Lee County Circuit Judge Jacob Walker III, will address matters arising from subpoenas issued by the defense, in the State Rep. Mike Hubbard case on Wednesday, June 24.

Hubbard, who stands accused by the State of 23 felony counts of public corruption, had previously filed subpoenas for 19 witnesses in an effort to prove prosecutorial misconduct on behalf of the State’s prosecution.

In March, Hubbard’s criminal defense attorney, J. Mark White, had subpoenas issued for testimony from Gov. Robert Bentley, Attorney General Luther Strange, the Custodian of Records, Alabama for Ethics Commission; and 16 others. 

The subpoenas against Bentley and the Custodian of Records, Alabama for Ethics Commission were quashed by Judge Walker. Hubbard’s attorney was allowed to question Strange in writing, with the subject limited to why he had appointed W. Van Davis to act on his behalf in the Hubbard criminal investigation. 

Rep. Mike Ball (R-Huntsville) and radio host Leland Whaley testified before Judge Walker in April about a conversation they had with Matt Hart, who heads the Special Prosecutions Division of the Attorney General’s Office.

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As part of a continually reoccurring theme, Hubbard’s attorneys rehashed a series of complaints filed by former Deputy Attorney General Henry “Sonny” T. Reagan to ask the court to dismiss the case against Hubbard on the grounds of prosecutorial misconduct.

Reagan was allowed to resign his post in lieu of firing, after it was discovered that he was giving confidential Grand Jury information to Rob Riley and Hubbard as early as 2013.

Reagan not only shared attorneys with Hubbard, but also with Rep. Barry Moore (R- Enterprise) who was accused of lying to the same Grand Jury that indicted Hubbard. Moore was later acquitted.

Hubbard’s attorneys claim, that testimony from those subpoenaed from the Attorney General’s Office would prove prosecutorial misconduct. In April, Judge Walker cautioned the defense that calling witnesses without first presenting evidence was not the proper way of proving their case. However, he did agree to give them some altitude in presenting witnesses.

Those subpoenaed by Hubbard are as follows:

1. Records and testimony from the Custodian of Records, Attorney General’s Office.

2. Records and testimony from the Custodian of Records, Alabama Ethics Commission.

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3. Records and testimony from Testimony from Luther Strange Attorney General.

4. Testimony from Kevin Turner, Chief Deputy Attorney General.

5. Testimony from Tim Fuhrman, Chief, Investigations Division.

6. Testimony from Jesse Seroyer, Deputy Chief, Investigations Division. 

7. Testimony from Charla Doucet, Chief, Administrative Services Division.

8. Records and testimony from Bill Lisenby, Jr., Assistant Attorney General.

9. Records and testimony from Henry T. “Sonny” Reagan, former Deputy Attorney General.

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10. Testimony from Howard “Gene” Sisson, Special Agent, Investigations Division.

11. Testimony from Claire Haynes, Legislative Affairs Director.

12. Testimony from Lori Arnold, Paralegal, Criminal Trials Division. 

13. Testimony from Amber Lunsford, former Legal Assistant, Criminal Trials Division.

14. Testimony from Representative Mike Ball.

15. Testimony from Dale Jackson, a radio talk show host.

16. Testimony from Leland Whaley, a radio talk show host.

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17. Testimony from Gov. Robert Bentley.

18. W. Van Davis, Supernumerary District Attorney, Acting for AG Strange.

19. William J. Long III

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected] or follow him on Twitter.

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Featured Opinion

The AG's office finally filed its redacted transcripts of Hubbard's prison phone calls. Numerous pages are completely redacted.