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Corruption

Prosecution accepts misdemeanor plea in high-profile environmental administrator’s case 

The plea deal came shortly before Jefferson County Circuit Court Judge Stephen C. Wallace was to hear arguments on selective and vindictive prosecution.

Bill Britt

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(STOCK PHOTO)

Almost two years ago, Trump administration EPA Region 4 Administrator Onis “Trey” Glenn III was charged with more than a dozen state felony ethics violations. On Monday, he pleaded guilty to three misdemeanor charges after reaching a plea agreement with the prosecution.

The plea deal came shortly before Jefferson County Circuit Court Judge Stephen C. Wallace was to hear arguments on selective and vindictive prosecution.

According to a statement from the Ethics Commission at the time, Glenn, along with former Alabama Environmental Management Commissioner Scott Phillips, was charged after a Jefferson County grand jury returned indictments against the two on Nov. 9, 2018, according to a statement from the Ethics Commission.

Rather than moving forward with the case, prosecutors dropped the felony charges against Glenn. They opted to reach an agreement to accept a plea on three counts of “unintentional” violations of the ethics code. Glenn received a two-year suspended sentence for his actions.

“In the interest of efficiency, we were pleased to take advantage of the opportunity to resolve this matter,” Glenn’s attorney Matt Hart told APR when reached for comment. “My client pleaded to unintentional, misdemeanor violations of the ethics law, and the matter is concluded.”

Questions surround the prosecution’s decision to settle the case for a confession to minor offensives in such a high profile case. Still, from the beginning, the case was marred by allegations that the Alabama Ethics Commission’s lawyers had mishandled the investigation and indictments.

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Indictments against Glenn and Phillips were reported by AL.com even before the pair was arrested or served with the indictments. In AL.com’s report, Ethics Commission Executive Director Tom Albritton said that then-Jefferson County District Attorney Mike Anderton had requested the Ethics Commission help indict the two men.

As first reported by APR, shortly after Glenn and Phillips’ indictments, Albritton and his team’s actions raised serious questions about the process that led to charges against the two men. APR reported that Albritton and Ethics Commission lawyer Cynthia Propst Raulston approached Anderton, and he did not request help with the case from the commission, as was reported in AL.com.

Later, APR confirmed that the Ethics Commission approached Anderton, contradicting Albritton’s public statement. In a sworn statement given on Feb. 9, 2019, Anderton said it was Ethics Commission lawyers who approached him, as first reported by APR in November of last year.

According to Anderton, in the fall of 2018, Propst Raulston approached him because “she had a case she wanted to present to the Jefferson County Grand Jury.”

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He further states, “I told Ms. Raulston that I would facilitate her appearance before the grand jury but that my office did not have the resources to support her case. I also told her that she would have to prosecute the case herself.”

These and other aberrations came into sharper focus when Hart — the state’s most famous prosecutor of his generation turned defense attorney — began diving into the particulars of the prosecution’s case.

Glenn’s defense argued from the start that procedural process was circumvented when Albritton and Propst Raulston took the complaint directly to a grand jury rather than the Ethics Commission as prescribed by the Legislature.

An ethics commissioner told APR privately that the commission was never informed about a complaint against the two men, nor was the investigation.

According to internal sources, actions taken by Albritton and Propst Raulston created turmoil at the commission and raised a question about who would prosecute the case on the state’s behalf.

During the process, Albritton, Propst Raulston, and other attorneys for the commission asked the attorney general’s office to take over the case; however, according to sources within the office, the AG turned them down after a review found “statutory problems” with how the case against Glenn and Phillips was handled.

In a motion to dismiss, the defense said, “In sum, the Ethics Commission Staff trampled Mr. Glenn’s rights in obtaining the indictment without giving him his required notice and an opportunity to be heard as required by the Alabama Ethics Act, and then after indictment denied him notice as guaranteed by the Grand Jury Secrecy Act and failed to protect his presumption of innocence as required by the Rules of Professional Conduct.”

While not explicitly noted in the motion to dismiss, the relationship between environmental group GASP and the prosecution was a subject that would have been heard in the hearing on selective and vindictive prosecution.

Immediately following Glenn and Phillips’ indictment, GASP posted a celebratory tweet, even taking credit for the indictment.

Former GASP director Stacie Propst is the sister of Ethics Commission lawyer Propst Raulston who presented the case to the Jefferson County grand jury.

While many in the environmental community celebrated Glenn’s indictment, the defense argued the prosecution took an illegal short cut to indict him, which denied Glenn due process and amounted to selective and vindictive prosecution.

Monday’s plea agreement ended the two-year drama without further exposure as to what happened behind the scene. Phillips’s case is still pending.

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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Corruption

Opinion | Alabama’s public corruption problem might just be hopeless

“Mike Hubbard committed crimes with the solitary intention of illegally enriching himself.”

Josh Moon

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Mike Hubbard looks toward his family after receiving sentencing on Friday, July 8, 2016, in Opelika, Ala. Todd Van Emst/Opelika-Auburn News/Pool Todd Van Emst/Opelika-Auburn News/Pool

Mike Hubbard stole more than $2 million. Let’s start right there, so we don’t get things twisted, because there’s a tendency in this state, when the criminal is wearing a suit and tie, to believe that the crime wasn’t really a crime and that it was something more complicated and sophisticated than a guy stealing money from you for himself. 

This wasn’t an accident. It wasn’t a wrong place, wrong time deal. He didn’t forget to carry the one and, oops, $2 million landed in his account. 

No. Mike Hubbard committed crimes with the solitary intention of illegally enriching himself. 

Hubbard used his intelligence and charm and ruthlessness to rise to a position of power that allowed him to influence the budget process, and then he used that position and his intelligence to benefit himself at the expense of state businesses, taxpayers and the state itself. 

If Hubbard had his way, one of his clients would have been granted an illegal monopoly, improperly squeezing out other deserving state businesses and possibly costing Alabama citizens their jobs and livelihoods. 

In other instances, Hubbard concocted a means by which wealthy business owners in the state could “gift” their “friend” hundreds of thousands of dollars. Money that we all know would have been returned to the friends many times over in the form of friendly legislation and government contracts — which is the very reason such “gifts” were deemed illegal by a Legislature led by Hubbard. 

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These things were wrong. They were deplorable. And they were, quite blatantly, illegal. 

And yet, for the past four-plus years, this state’s judges and lawmakers — actually, let me be accurate: this state’s Republican judges and Republican lawmakers — have bent over backward to bend, alter and change the laws that convicted Hubbard — the laws that Hubbard helped write — in order to reduce or eliminate the sentence handed down to their friend. 

Finally, last week, the day before Thanksgiving — the day historically set aside for information dumps of embarrassing news you’re hoping will get lost in a four-day holiday weekend — Lee County Judge Jacob Walker, leaning on the suspect legal work of the Alabama Supreme Court — the most activist court in all of America — cut nearly half of Hubbard’s sentence. 

Instead of four years, Hubbard will now serve just 28 months. 

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That is a travesty. 

Not because 28 months instead of four years necessarily sends a message of leniency to future thieves. But because the sordid and embarrassing manner in which the sentence was reduced has been a case study in systemic public corruption and ruling class privilege. 

It has made clear that there is one set of laws and rules for the working stiffs and poor and a whole other set for the wealthy and powerful.  

When the ethics laws of this state were adopted several years ago, Republicans, including Hubbard, hailed them as true game-changers for Alabama politics. They talked loudly and often about how necessary these ethics laws were to remove the stench of corruption and pay-to-play favoritism from our state government. They promised that these laws would help level the playing field and restore the faith of Alabama citizens in their government. 

All of that was BS. 

Within months, the primary architect of those laws was secretly plotting to circumvent them in the interest of personal gain, his private emails showed us. Not only that, he and top ALGOP officials and donors were conspiring together to subvert those laws and enrich themselves. 

What they were doing was not in the interest of “economic development” or business growth in the state or even innocent mistakes. It was willful, purposeful schemes meant to get around the laws and use their public offices to benefit themselves. 

In one email Hubbard actually writes: “those ethics laws … what were we thinking?” 

Despite this clear intent and despite a solid verdict from a thoughtful Lee County jury, for the last four years, Republican lawmakers have attempted time and again to change the ethics laws — to weaken them and insert loopholes into them. They have succeeded twice. 

At the same time, the Alabama Court of Criminal Appeals and the Alabama Supreme Court — all elected Republicans — spent an unbelievable and unheard-of amount of time to pick apart the Hubbard verdict and cast doubt on the laws that convicted him. 

In both courts, the opinions mentioned the “unintentional consequences” of the laws, implying that lawmakers in the state could unwittingly find themselves as accidental lawbreakers as they innocently conducted the business of the state. 

Oddly, not one lawmaker from either party has committed such a violation or even almost committed one. 

And no one believes that Hubbard committed such an unwitting violation of the laws. 

Because he didn’t. 

Hubbard knew full well what the law was. He knew full well that what he was doing was illegal — his closest associates testified as much in open court. He worked tirelessly to concoct ways to subvert those laws and enrich himself, and there is a mountain of evidence that proves it. 

And yet, our criminal justice system and our state Legislature spent the last four years trying to get him out of it. 

That’s a level of corruption that is so staggering and consuming that I honestly don’t know if there’s any hope to combat it.

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Corruption

Judge reduces former Alabama Speaker Mike Hubbard’s prison sentence

The trial court judge ordered his 48-month sentence reduced to 28 months.

Eddie Burkhalter

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Former Alabama House Speaker Mike Hubbard was booked into jail to begin serving his four-year sentence for ethics violations in September. (VIA LEE COUNTY DETENTION CENTER)

Lee County Circuit Court Judge Jacob Walker on Wednesday reduced former Alabama House Speaker Mike Hubbard’s prison sentence from four years to just more than two. 

Walker in his order filed Wednesday noted that Hubbard was sentenced to fours years on Aug. 9, 2016, after being convicted of 12 felony ethics charges for misusing his office for personal gain, but that on Aug. 27, 2018, the Alabama Court of Criminal Appeals reversed convictions on one counts. The Alabama Supreme Court later struck down another five counts.

Hubbard’s attorneys on Sept. 18 filed a motion to revise his sentence, to which the state objected, according to court records, arguing that “Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency.”   

Walker in his order cited state code and wrote that the power of the courts to grant probation “is a matter of grace and lies entirely within the sound discretion of the trial court.” 

“Furthermore, the Court must consider the nature of the Defendant’s crimes. Acts of public corruption harm not just those directly involved, but harm society as a whole,” Walker wrote.

Walker ruled that because six of Hubbard’s original felony counts were later reversed, his sentence should be changed to reflect that, and ordered his 48-month sentence reduced to 28 months. 

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Alabama Attorney General Steve Marshall on Wednesday said Walker’s decision to reduce Hubbard’s sentence was the wrong message to send.

“Mr. Hubbard was convicted of the intentional violation of Alabama’s ethics laws, the same laws he championed in the legislature only later to brazenly disregard for his personal enrichment,” Marshall said in a statement. “Even as he sits in state prison as a six-time felon, Mike Hubbard continues to deny any guilt or offer any remorse for his actions in violation of the law.  Reducing his original four-year sentence sends precisely the wrong message to would-be violators of Alabama’s ethics laws.”

Hubbard was booked into the Lee County Jail on Sept. 11, more than four years after his conviction. On Nov. 5 he was taken into custody by the Department of Corrections.

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State Rep: Lee County DA’s past cases should be reviewed by AG, DOJ

Rep. Jeremy Gray, D-Opelika, wants the AG’s office or DOJ to examine all of the DA’s previous cases for similar issues.

Josh Moon

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Lee County District Attorney Brandon Hughes

A state representative from Lee County is calling on the Alabama attorney general’s office and the Department of Justice to open an investigation into past cases handled by indicted Lee County District Attorney Brandon Hughes. 

Rep. Jeremy Gray, D-Opelika, said that in light of the details regarding Hughes’ indictment and arrest, he wants the AG’s office or DOJ to examine all of Hughes’s previous cases for similar issues. Gray also wants the public to be allowed to come forward if they were ever extorted or mistreated by Hughes. 

“In light of the very serious and disturbing charges facing Lee County District Attorney Brandon Hughes, and the brazen nature of his alleged crimes in which he used the power of his office to extort vulnerable citizens — including by threatening them with bogus charges — I call on the Alabama Attorney General’s Office and the US Department of Justice to open an inquiry into possible other instances in which Hughes misused the power of his office against the people of Lee County,” Gray said in a statement. “That investigation should include a thorough review of all convictions and indictments procured by Hughes and should allow the people of Lee County an opportunity to report any additional instances of Hughes misusing his office.”

Hughes was charged on Monday with seven felony ethics counts, including allegedly using a DA’s subpoena to steal a pickup truck and using another subpoena to allegedly coerce a private business into aiding his defense. Hughes was also accused of hiring private attorneys with public money to benefit himself and his wife, and accused of hiring his three children to work in his office. 

He was arrested Monday afternoon on felony perjury charges for lying to a grand jury about his alleged crimes.

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Lee County DA arrested on second perjury charge

The arrest was based on a complaint filed by Attorney General Steve Marshall’s office, charging him with first-degree perjury.

Eddie Burkhalter

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Lee County District Attorney Brandon Hughes

Lee County District Attorney Brandon Hughes — who was arrested Sunday on seven counts of ethics violations, theft and perjury — was arrested again on Monday for an additional perjury charge, according to the Alabama attorney general’s office. 

Hughes on Monday was booked in Montgomery County jail based on a complaint filed by Attorney General Steve Marshall’s office, charging him with an additional count of first-degree perjury for allegedly giving false testimony to the Alabama Ethics Commission. 

Hughes was previously indicted on five counts of violating the state ethics act for using his office for personal gain, including paying private attorneys with public funds to settle a matter that benefited himself and his wife, according to Marshall’s office. He was also charged with illegally hiring his three children to work for his office. 

The grand jury also indicted Hughes on a charge of illegally using his office for personal benefit by issuing a district attorney’s subpoena to a private business to gather evidence for his defense to potential criminal charges, according to the statement. 

Hughes was also charged with conspiracy for allegedly agreeing with others to steal a 1985 Ford Ranger pickup truck from a Chambers County business by using a Lee County search warrant to force the business to release possession of the truck, according to the statement. 

The five violations of the state ethics law charged in the indictment are Class B felonies, punishable by two to 20 years in prison and a fine of up to $30,000. The charges of conspiracy to commit first-degree theft and first-degree perjury are Class C felonies, each punishable by one year and one day to 10 years in prison and a fine of up to $15,000.

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