Judge Jacob A. Walker III will hear more evidence of prosecutorial misconduct in Alabama Speaker Mike Hubbard's felony ethics case.
He will hear testimony from Baron Coleman, a Montgomery-based attorney, who has information regarding lead prosecutor Matt Hart, according to Lance Bell, lead defense attorney for Hubbard. Bell said Hart has "directly and indirectly assaulted" Hubbard.
Bell said Coleman shared information and recorded conversations with Hart over two separate meetings and has a sworn affidavit from Coleman. Bell said he called law enforcement and the state bar when he heard the information.
"I only heard a few minutes of those conversations, Judge, but I thought I heard some laws being violated," Bell said.
Acting Attorney General Van Davis said the defense was simply rehashing evidence the court had already heard, and the timing of the affidavit was "tactical."
"I submit that it's another delay," Davis said.
The prosecution suggested that Walker could hear evidence after the trial concludes.
The defense brought up previous evidence that they said showed there had been leaks from the attorney general's office since 2013.
Davis said Coleman had previously testified that he did not know anything about grand jury proceedings, and the affidavit itself is "worthless" and "misleading."
"There's basically a disclaimer at the end that said, 'I'm not saying Matt Hart did anything wrong,'" Davis said.
Coleman was a confidential informant, so his conversations with Hart are privileged, according to the prosecution.
However, since Hart is a prosecutor, not a member of law enforcement, he can't have confidential informants, according to Bell.
"Matt Hart cannot have a confidential informant relationship with Baron Coleman," Bell said.
Walker said some matters brought up by the state necessitated the hearings.
"If we hadn't had the discovery of Dec. 31, 2015, these matters would have probably been ruled on by now," Walker said.
The hearing is scheduled for March 3, and the trial is still scheduled to begin March 28.
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