Alabama Speaker Mike Hubbard's ethics trial will continue as scheduled — for now.
Judge Jacob A. Walker III denied a motion by the defense to continue the trial, but acknowledged possible appeals would delay the process.
"I'm not inclined to grant the continuance," Walker said. "I'll just take a wait and see approach to that, quite frankly."
Hubbard's trial has been delayed several times since the original indictment was handed down in 2014. The trial is currently scheduled to start March 28.
Lance Bell, Hubbard's new lead defense attorney, requested the continuance after the old lead attorneys withdrew from the case on Dec. 31.
"There's no way we could be ready," Bell said.
However, Matt Hart, lead prosecutor on the case, said Bell has been on the case for 500 days, and others have worked on the defense team since the indictment.
"There's no reason these lawyers can't be ready by March," Hart said.
Hart also said Hubbard consented to his lawyers withdrawing knowing the impending trial date.
The defense also argued for Hart to be deposed as part of their prosecutorial misconduct defense, accusing Hart of leaking documents and grand jury proceedings to the Alabama Political Reporter and "abusing" the grand jury process.
"The next thing you know, it's up on Bill Britt's website," Bell said.
Britt is the editor-in-chief of the Alabama Political Reporter. He did not directly respond to comment.
"My conscience will not allow me to yield to Hubbard’s newest tactic," one of Britt's articles reads. "I have nothing illegal or unethical to hide. My sources were not conflicted. But to give in to Hubbard’s demands could set back the cause of internet-based reporting a full generation in Alabama."
Bell specifically referred to the Dec. 31 incident where Hart sent the motion to withdraw to Britt while it was still under seal, leading to a gag order banning lawyers involved in the case from talking to the media.
"This is a very serious matter," Bell said. "Mike Hubbard's constitutional rights, we believe, have been violated."
Hart strongly objected to the accusation of misconduct, apologizing for sending the documents.
"I've already self-flagellated over this issue for several days," Hart said.
Bell said the amount of public scrutiny surrounding the case will prevent the jury from remaining partial. He likened it to the Harvey Updyke case. Updyke ultimately pleaded guilty to poisoning the original Toomer's Oaks in 2013, after the case was moved to Elmore County after the defense requested a change in venue.
Bell said there is new information regarding prosecutorial misconduct, and Walker gave him 10 days to secure an affidavit for the information.
Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman.
