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Prosecutors want Hubbard to serve 5 years in prison

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Prosecutors want to make an example out of former House Speaker Mike Hubbard's prison sentence.

On Thursday evening, prosecutors filed a motion with the Lee County Circuit Court petitioning Circuit Judge Jacob Walker to sentence Hubbard — an Auburn Republican and media executive who was once a hometown hero — to five years in a state prison.

Hubbard was found guilty in June on 12 felony ethics charges. Hubbard directly enriched himself and his businesses to the tune of 1.1 million dollars. In doing so, he violated the same ethics laws he himself helped pass only 6 years before in the Alabama House during his first session as Speaker.

With the verdict, Hubbard was immediately removed from both the speaker's chair and his House seat.

In total, the prosecutors from Attorney General Luther Strange's office asked Walker to sentence Hubbard to an 18-year base sentence. Five years would be in the state penitentiary and the other 13 on supervised parole.

"This sentence is appropriate because Hubbard betrayed the public’s trust and, even now, refuses to accept responsibility for his actions," prosecutors wrote in their motion. "Such a sentence will also deter other public officials from committing similar crimes."

Hubbard maintains his innocence, and his lawyers said they will begin the appeals process as soon as the sentence is delivered.

"My family and I are working to come to terms with the disappointing verdicts, and I continue to steadfastly maintain my innocence," Hubbard told the Associated Press in a statement after the verdict. "We have every confidence that the coming appeals process will be successful."

Hubbard served in Auburn's District 79 for more almost 18 years. He was first elected in 1998 and was selected as the House Speaker after orchestrating an historic takeover of the Alabama Legislature in 2010. Under his leadership, the Alabama GOP flipped the Legislature from Democratic control for the first time 136 years.

In addition to the 18-year base sentence, prosecutors also want Hubbard to pay more than $1.5 million in restitution, fines and other fees.

A restitution payment makes up about $1,125,000 of the $1.5-million total prosecutors want Hubbard to pay. They say it is equivalent to the amount Hubbard profited in his illegal actions.



"Hubbard flagrantly and repeatedly violated the Ethics Law in order to make money and obtain financial favors from individuals with interests in State government," prosecutors wrote. "Despite being found guilty on the majority of the charges in the indictment, Hubbard continues to refuse to accept responsibility for his criminal conduct."

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Each of the 12 guilty counts could have carried at least a minimum 2 year prison sentence, adding up to 24 years in total. Instead, prosecutors are only asking for 18. The prosecutors did ask, however, for the maximum fine of $360,000 — $30,000 for each count.

"This Court should impose a strong sentence to punish Hubbard, deter other public officials from violating the Ethics Laws, and help restore the people’s confidence in their government," prosecutors said.

Hubbard used his office to illegally obtain at least three contracts with various businesses and trade organizations. In addition, he was found guilty of illegally voting on legislation in the House that would have benefited one of his clients, the American Pharmaceutical Cooperative Inc.

The contracts ranged in magnitude from $5,000 to $12,000 per month, per contract. 

To help his struggling Auburn-based printing company, Hubbard also solicited investments from various prominent Alabama businessmen and lobbyists. One of them, Auburn Trustee Jimmy Rane, the owner of Great Southern Wood, is Alabama's richest man, according to Forbes.

Rane wrote Hubbard's Craftmasters Printing a check for $150,000 on October 9, 2012. In exchange, prosecutors said Hubbard pushed legislation Rane wanted including a bill to help the Marion Military Institute.

Hubbard's sentencing is set for July 8, 2016.


Read the motion:



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