Attorneys for indicted Alabama Speaker Mike Hubbard (R-Auburn) are accusing prosecutors of misconduct and are seeking the evidence to prove it.
Lee County Circuit Judge Jacob A. Walker told Hubbard’s attorneys to file a discovery motion for evidence from the attorney general’s office and did not immediately rule on prosecutor’s motion to squash subpoenas issued by the defense during an evidentiary hearing at the Lee County Justice Center on Wednesday, April 15.
Defense attorneys originally filed the motion to subpoena the attorney general’s office March 30, and Walker called a hearing on the motion April 3.
Prosecutors said there was no evidence of misconduct at the April 15 hearing.
“It sounds like a fishing expedition,” said Michael Duffy, deputy attorney general. He went on to summarize the defense’s argument. “We don’t know what’s going on at the attorney general’s office, but we’d like to know.”
The crowded courtroom contained notable onlookers such as former Auburn football coach Pat Dye and former Attorney General Troy King.
Mark White, attorney for Hubbard, also argued W. Van Davis was improperly appointed as acting Attorney General and has violated his duties by continuing to practice law privately.
Defense attorneys called Bill Long, a computer forensic expert, to the witness stand to testify about how the digital evidence, nearly 2.5 million documents, was turned over from prosecutors.
The evidence was 200GB worth of emails, PDF documents and other files; which were only labeled with a number, according to Long.
Long said he found two videos in the evidence that seemed to have nothing to do with the trial, which were played for the court. One was a video of the 2005 Alabama vs. Southern Miss game, and the other was an elderly woman dancing to “Walk it Out,” by UNK.
Walker scheduled another hearing for April 30, which may be a closed hearing.
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