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A spirit that is not afraid

Prosecutors file motion to introduce new evidence in Mike Hubbard's ethics trial

Prosecutors in Mike Hubbard's felony ethics trial filed a motion April 8 to introduce evidence of Hubbard's "other crimes, wrongs or acts".

The Alabama Rule of Evidence 404(b) states these actions, which are not necessarily illegal, can be used to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident, according to the Alabama judicial system website.

According to the filing, the prosecution will introduce evidence that Hubbard funneled money through "various entities" to himself or businesses he is associated with and used his position as chairman of Alabama's Republican Party to benefit himself or businesses he was associated with.

The prosecution released emails in early 2015 from Hubbard that they argue show he was in financial trouble because of his company, Carftmaster's, debt. 

The prosecution also plans to argue Hubbard solicited lobbyists and received things of value to himself, other elected officials and his businesses. They also state Hubbard provided things of value to lobbyists.

"Hubbard had an express or implied agreement with lobbyist(s) or principal(s) that Hubbard would receive thing(s) of value in exchange for Hubbard’s official action on specific legislation," the filing reads.

The prosecution also plans to present evidence that they argue will show Hubbard's intent to evade Alabama ethics law reporting requirements and "misrepresented guidance" from Ethics Commission officials.

On March 29, Judge Jacob A. Walker denied the defense's motion to dismiss because of prosecutorial misconduct.

Hubbard was indicted on 23 counts of felony ethics violations in October 2014.

Hubbard's trial has been delayed multiple times and is now scheduled to begin in May. 


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