Sonny Reagan, former deputy attorney general who resigned his post after being accused of undermining the prosecution in Alabama Speaker Mike Hubbard's ethics trial, testified for three and a half hours Tuesday, Oct. 26.
Reagan was called by the defense in the first hearing on prosecutorial misconduct. The defense filed motions in March alleging prosecutorial misconduct.
Reagan spoke mainly about the conduct of Matt Hart, the deputy attorney general prosecuting the case. He said Hart had bias against Hubbard.
"Initially [Hart] had said he had determined that [Hubbard] was a bad guy," Reagan said.
Reagan said Hart had unorthodox practices for conduct during grand juries, which they would discuss occasionally. A grand jury is a group of people tasked with determining whether there is enough evidence to go to trial. Reagan said Hart holds grand juries over an extended period of time, as opposed to a few days, and uses his grad jury power to subpoena anything.
"It's basically a way to try the case in a controlled environment," Reagan said.
Reagan said he raised questions to his superiors, including deputy attorney general Kevin Turner, about the legality of Hart's practices.
"Matt believes, or told me he believes, that everyone has a public life, a private life and a secret life," Reagan said.
He also said he drafted a memo detailing conversations with Hart, but never turned that document in to the attorney general's office.
"I wanted to memorialize what I was seeing because one day I was afraid I would be sitting in this chair," Reagan said.
Reagan said Hart would subpoena things from people's secret lives.
The defense also played a recording of a phone conversation between Reagan and special prosecutor Van Davis. Davis told Reagan he wanted to discuss some info in the grand jury that ultimately indicted Hubbard. Reagan agreed to meet Davis in his office, however, the meeting never took place.
"It's just some information that has come to our attention about this grand jury," Davis said in the recording.
Davis said it was Reagan's decision on whether to bring a lawyer to the meeting.
"I can tell you you're not a target," Davis said in the recording.
"You're going to find the only person who conducts grand juries the same way as Mr. Hart is Mr. Hart," said Mark White, Hubbard's attorney.
Throughout the testimony, Solicitor General Andrew Brasher raised objections about the relevance of the questions, also saying the conversations between Hart and Reagan were privileged.
The defense also brought up physical threats Hart made against Hubbard. Reagan said Hart described what he would do to Hubbard.
"He would bring him in and tie a noose around his f---ing neck and cinch it until he was gasping for f---ing air and maybe he would plead guilty and resign," Reagan said.
Reagan said he reported that and other threats to his supervisors.
During cross-examination, Brasher asked Reagan whether he believed Hart would carry out the threats. Reagan said he did not believe he would.
Brasher also brought up Reagan's hiring of Bill Baxley as counsel at the same time Baxely was representing Rep. Barry Moore, who was acquitted of perjury in 2014. Both Baxley and White raised objections when Brasher tried to ask about Reagan's grand jury testimony and whether he invoked the Fifth Amendment.
Reagan will continue on the stand tomorrow, and White said he is "extremely pleased" with today's hearing. White said Gene Sisson will be called next.
"I'm here as long as it takes," White said.
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