By Bill Britt
Alabama Political Report
MONTGOMERY—Recently released court documents show that Speaker Mike Hubbard testified before the Special Grand Jury in Lee County, before his indictment.
Even though Hubbard took the stand in his own defense, 18 citizens of Lee County found probable cause to indict him on 23 felony counts of public corruption.
In response to a request made by Hubbard’s attorney, J. Mark White, the State released a letter showing that transcripts of Hubbard’s testimony had been given to his legal team.
For months, the speculation among the chattering class has been that Hubbard would never be convicted in his home district. However, this new evidence suggests that even Hubbard could not convince a Lee County Grand Jury that he was innocent.
The letter marked Exhibit C is a copy of the correspondence between Acting Attorney General W. Van Davis and White, Hubbard’s attorney.
In a letter to Davis, White demands audio transcripts of the Grand Jury testimony, to which Davis replied, the State had already supplied written versions as required by law.
The letter goes on to state that the prosecution also provided testimony from former Rep. Greg Wren, former Gov. Bob Riley, his daughter Minda Riley-Campbell, investment banker and former Business Council of Alabama (BCA) vice-president, Will Brooke, prominent business executives Rob Barton, and Jimmy Rane. It also included BCA chief, Billy Canary, as well as New York-based CV Holding CEO, Bobby Abrams; Tina Belfance, who is the General manager of the Abrams-owned Capitol Cups in Auburn; Chris Hines; and Micheal Humphrey.
Hubbard’s criminal defense team has repeatedly tried to obtain “all” grand jury testimony, which the State says is an overreach.
In an attempt to circumvent the motion’s procedures, Hubbard’s legal team subpoenaed the Lee County Special Grand Jury Court Reporter from Dunn, King & Associates. In this effort they, “subpoenaed the audio recording of each and every witness that testified before the grand jury.”
The State has sought to have the subpoena quashed, calling this action, “Stunning, in the breadth of its overreach.”
The prosecution also states, “Alabama law strictly prohibits disclosure of the information Hubbard is seeking, audio recordings of grand jury proceedings.”
The State also points out that the Alabama Grand Jury Secrecy Act adds an extra layer of restriction on discovery of grand jury testimony, “prohibiting grand jury participants, including court reporters and stenographers, from disclosing what occurred in grand jury room, and prohibiting others from soliciting such disclosure.”
This motion, beyond disclosing Hubbard’s attempts to side-step the legal process, also reveals that his own testimony did not persuaded 18 citizens of his home district that he was innocent.