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A spirit that is not afraid

Speaker Mike Hubbard's defense team works to prove prosecutorial misconduct in pretrial hearings

Former Assistant Attorney General Sonny Reagan finished his testimony in Tuesday's hearing in Speaker Mike Hubbard's corruption trial. Reagan was called as a witness to testify for the defense as Hubbard's team works to have his corruption charges dropped.

Matt Hart, lead prosecutor in the state of Alabama's case against Hubbard, is accused by the defense of improperly influencing the Lee County grand jury that indicted the Auburn republican in October 2014.

Reagan claims Hart subpoenaed him to testify in front of the grand jury as an attempt to pursue a political vendetta against Hubbard.

"I viewed it as absolute retaliation," Reagan said. "The subpoena was in direct retaliation to a complaint I made against Hart."

Reagan was placed on leave in September 2014 and subsequently resigned following accusations by Attorney General Luther Strange's office that he inappropriately communicated with individuals involved with or under investigation by the grand jury investigated Hubbard's case.

The prosecution questioned Reagan today about his association with former Gov. Bob Riley's son, Rob Riley, who served as Reagan's counsel for several years. Riley also served as a lawyer for Hubbard, which the prosecution presented in an attempt to discredit his testimony.

"I didn't [know Riley was representing Hubbard] at the time," Reagan said, "but I do now."

Solicitor General Andrew Brasher and the prosecution team pursued Reagan even further, while crafting a defense of Hart, their lead prosecutor.

"Mr. Hart didn't give privileged material to the defense,"  Brasher said. "Mr. Hart wasn't fired from the attorney general's office."

The dispute between Reagan and Hart is said to have originated over the use of office space when they once shared neighboring offices.

"You couldn't pay me enough money to go work with Matt Hart, you (Brasher) and Mr. Duffy again," Reagan said. 

Mike Duffy is another assistant attorney general assigned to the prosecution team.

The prosecution also presented connections between Reagan and Joshua Blades, the former chief of staff to Hubbard. Brasher questioned Reagan about conversations he had about "possibly working for Hubbard as a chief of staff" and discussions he is alleged to have had with Blades concerning confidential grand jury information.

"The only questions I had were about threats made by Mr. Hart," Reagan said.

Reagan said again today that Hart made vivid threats against Hubbard, Reagan and members of the legislature.

Gene Sisson, former chief investigator for the attorney general's office also testified today. Sisson told the court today that he filed a complaint with the Alabama Ethics Commission concerning Hart's behavior.

"I believed I had knowledge that felonies had been committed in the attorney general's office," Sisson said.

It was alleged earlier this year that Sisson helped Reagan tape a conversation in an attempt to prove wrongdoing by the case's acting attorney general, W. Van Davis. Following the allegations of the taping, Sisson was fired from his post in the attorney general's office.

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Sisson was on the stand today less than 30 minutes, after which time Jim Sumner, former executive director of the Alabama Ethics Commission, took the stand.

The Alabama Ethics Commission is the body responsible for investigating and enforcing Alabama's ethics code. Hubbard's defense team is contesting 

 on the grounds of their constitutionality  additions to the ethics law, which were supported and sponsored by Hubbard himself.

Sumner received the submission that Sisson called a complaint against Hart; however, Sumner disputed Sisson.

"[Sisson's submission] was not in the form of a complaint," Sumner said. 

Sumner said the submission was a collection of memoranda from the attorney general's office. 

"[The submission] didn't even allege a violation of the ethics law," Sumner said.

Hart and the attorney general's office subpoenaed the Ethics Commission for the submission just as Sumner was sitting down to read it, according to Sumner. Sumner said he did have enough time to review the submission and decide his Ethics Commission didn't have jurisdiction before a representative of the attorney general's office appeared to pick up the document.

Tom Albritton, who took over as executive director of Alabama's Ethics Commission in March; Hugh Evans, general counsel and custodian of records for the Ethics Commission; and Mark Colson, a senior vice president for governmental affairs at the Business Council of Alabama, also testified before the court today. 


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