Mike Hubbard's felony ethics trial may be delayed after all.
Judge Jacob A. Walker III said he was "inclined" to delay the trial until later this spring because of a pending motion currently under seal.
Delaying the trial will "potentially accomplish a positive impact upon the timely administration of justice," according to the petition to delay the trial.
Walker had previously denied the defense's motion to delay the trial.
The decision came after several witnesses testified about the relationship between Baron Coleman, a lawyer and political operative, and Matt Hart, lead prosecutor.
Hubbard's defense team is arguing Hart engaged in prosecutorial misconduct and violated the Alabama Grand Jury Secrecy Act by sharing grand jury proceedings, which are secret.
Coleman filed an affidavit about their relationship Feb. 2.
"At a certain point, I felt an ethical and moral pressure to correct the record," Coleman said.
Coleman said he had an "ongoing conversation" for approximately 2-3 years with Hart.
Hart was giving Coleman information, and vice versa, about Hubbard during the race for Hubbard's House seat, according to Coleman, who was working for Sandy Toomer's unsuccessful campaign.
"I told everyone in Lee County whose door I knocked on that Mike Hubbard was going to be indicted," Coleman said.
Coleman said he came to Hubbard's defense team because he said Hart gave him information that he believed came from grand jury proceedings.
"He said, 'You go do what you have to do,'" Coleman said. "He said it was good I was in the political world wheeling and dealing."
Jack Campbell, another political operative on the Toomer campaign, said he was unaware of an orchestrated whisper campaign about Hubbard but knew Coleman and Hart had a relationship where they exchanged political information.
Campbell said Coleman was mad at Hart when he signed the affidavit.
"You put a lot of salty language in (the affidavit)," Coleman said. "I think you're trying to make Matt Hart look bad."
Campbell said Coleman felt pressure from Hubbard's defense team to fill out the affidavit or face a bar complaint.
Campbell said he received the affidavit in an email from Susan Britt, wife of Alabama Political Reporter editor Bill Britt.
John Rice, who also worked on the Toomer campaign, said Coleman filed the affidavit because he felt pressure from the Alabama Law Enforcement Association to respond to a bar complaint.
John Gibbs, a new member of the prosecution team, said Coleman was a confidential informant, and therefore, his testimony would not be admissible, which Coleman denied.
"In a colloquial sense, it's a good way to put it," Coleman said. "In a legal sense, it's a horrific way to put it."
In 2014, Hubbard was indicted on 23 counts of felony ethics violations, including four counts of using his office for personal gain.
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