Evidence hearings about prosecutorial misconduct in Speaker Mike Hubbard's ethics trial wrapped up Wednesday, Oct. 27, mostly behind closed doors.
The courtroom was sealed until about 3 p.m. so Judge Jacob A. Walker III could hear evidence from a grand jury proceeding, which are secret.
According to Mark White, Hubbard's attorney, some of the information from the closed hearing could be released at a later date.
After the courtroom was opened, White also provided a list of people he plans to depose. These depositions are closed to the public. Nine people were included on the list, and Walker ordered White to have them listed in order of priority by noon on Friday, Oct. 30.
Matt Hart, lead prosecutor in the case, and Van Davis, acting attorney general on the case, were on the list. Solicitor General Andrew Brasher objected to that, and said it was "entirely inappropriate" to subpoena members of the prosecution team.
"You immediately get into issues of disqualification with that," Brasher said.
White said it is up to the state to determine whether testifying would disqualify members of the prosecution.
"I think the state has got to determine what their ethical obligations are," White said. "You heard me say that's their job, not mine."
The defense also asked for the prosecutorial team to present a signed copy of a letter written by Gene Sisson, former investigator in the attorney general's office. The defense has the unsigned copy of the letter.
The letter was written to the Alabama Ethics Commission about the conduct of people working in the attorney general's office.
The prosecution objected based on relevance, however, agreed to find the signed copy.
White said he was happy with the week's proceedings.
"I will tell you that for the hearing, both in open court and in chambers, we could not be more pleased with how these three days have gone," White said. "Frankly, we had a plan and a strategy about what we wanted to accomplish this week, I'm looking at my co-counsel, and I think we believe that we have accomplished, for the purposes of this week, 100 percent."
White said the strongest public evidence he presented was from Sonny Reagan, former deputy attorney general, who testified Monday and Tuesday.
White also recognized the number of objections raised by prosecution during the hearings.
"I think you can assume that the Attorney General objects to any of the information regarding the alleged misconduct from coming out," White said.
White said Hubbard and his family are "incredibly relieved" after the hearings.
"They feel strong," White said. "They know this is a war, but they feel like this week, they won a significant battle."
White said potential dates for the depositions are Nov. 9 and Nov.13, pending Walker's ruling on the depositions and scheduling. No dates for future hearings have been set.
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