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Deposition: Bentley was pressured by lawmakers, attorneys, major donors to upend Hubbard trial

Josh Moon

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Former Gov. Robert Bentley said during a recent deposition that he was pressured by lawmakers, attorneys and major donors on numerous occasions during the Mike Hubbard trial to appoint a special prosecutor to investigate the Alabama Attorney General’s Office — a move that likely would have torpedoed the case against the former House speaker.

Under oath during a deposition in a wrongful termination lawsuit filed by former Alabama Law Enforcement Agency Secretary Spencer Collier, Bentley said Great Southern Wood owner and mega-political donor Jimmy Rane contacted him three different times about appointing a special prosecutor.

Additionally, Rob Riley, son of former Gov. Bob Riley and a Hubbard attorney, also contacted his office about opening an investigation of the AG’s office. Two more of Hubbard’s attorneys, Augusta Dowd and Lance Bell, also contacted Bentley about appointing a special prosecutor, Bentley said. Bentley also said three sitting legislators pressured him, but he said he didn’t remember who they were.

“I did not want the governor’s office to be involved in that trial in Lee County,” Bentley said during the deposition. “I wanted to stay neutral, because I had been getting pressure to do other things. I told them I had no plans to do anything. I told them to leave me alone.”

The push to appoint a special prosecutor was widely viewed as a defense strategy by Hubbard’s lawyers, meant to undermine the credibility of the prosecutor on a case Hubbard’s attorneys couldn’t win. Hubbard’s defense team filed motion after motion claiming that lead prosecutor Matt Hart had overstepped the law during his investigation of Hubbard or that Hart had leaked grand jury information to the media.

Ultimately, Lee County Circuit Court Judge Jacob Walker dismissed those complaints, and a quick investigation by ALEA determined that Hart had not leaked grand jury information during the case.

Hubbard was convicted two years ago on 12 felony counts and sentenced to four years in prison. He remains out of jail as his appeal awaits the slow-moving Court of Criminal Appeals.  

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Oddly, some of the major players in that case have gone from calling for investigations of the AG’s office to financially supporting Steve Marshall, the incumbent AG appointed by Bentley.

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Rane, who was directly involved in one of the counts for which Hubbard was convicted, has dumped hundreds of thousands in donations into Marshall campaign account or into political action committees that have donated to Marshall.

Through his Great Southern Wood company, Rane has contributed more than $1 million in Alabama over the last year, with almost all of that money going through PACs. In total, Great Southern Wood dumped $218,000 into 11 PACs that donated to Marshall. Those 11 PACs gave Marshall $217,500.

Through his law firm, Rob Riley, who is still listed as an attorney for Hubbard — a man with a pending appeal that Marshall’s office is fighting — has donated $2,500 to Marshall.

While Bentley initially resisted calls to appoint a special prosecutor to investigate Hart, the idea apparently stuck with him. In April, APR cited information from several sources saying that Marshall received the appointment to AG — replacing a departing Luther Strange — after Marshall agreed to investigate Hart. At that time, Hart was deep into an investigation of Bentley that would ultimately end in the governor’s resignation and guilty pleas to two misdemeanor campaign finance violations.

Marshall has denied that his appointment came with any strings attached.

 

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