Friday, June 10 — 3:45 p.m.:
The jury in the case of House Speaker Mike Hubbard returned to the courtroom today with a request for Circuit Judge Jacob Walker to reread the definition of "reasonable doubt." Walker delivered the standard state definition of reasonable doubt and allowed the jury to return to deliberations.
If the jury does not reach a verdict on the 23 counts before this evening, Walker will likely allow them to return to the jury room tomorrow, Saturday, June 11, to continue deliberations.
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Midday Friday:
Twelve Lee County citizens will soon decide the fate of one of Alabama's most powerful politicos and a hometown hero. Friday afternoon, the jury in the felony ethics case of Alabama House Speaker Mike Hubbard, R-Auburn, will begin deliberations to determine a verdict on the 23 charges against him.
After three weeks of often contentious, combative and complex testimony, the trial will finally come to an end — putting to rest, barring appeal, roughly two years investigation and two years of pretrial hearings, delays and allegations of prosecutorial misconduct.
Prosecutors subpoenaed more than 130 witnesses for their case, dozens ended up testifying during the trial. The defense, however, only called a sole witness in Hubbard's defense — Hubbard himself.
Thursday and Friday, prosecutors and defense attorneys concluded closing arguments in his case, summarizing evidence and attempting to convince members of the jury to find the defendant guilty or not guilty.
Deputy Attorney General Michael Duffy and Acting Attorney General W. Van Davis led the prosecution's closing arguments. Surprisingly, lead prosecutor and Deputy Attorney General Matt Hart sat out on final arguments. Hart has been under fire for more than a year from the defense, whose allegations of misconduct delayed the case for months.
Defense attorneys Bill Baxley and Lance Bell made the closing case for the defense. Lead defense attorney Baxley, in his hay-day, became the youngest person in American history to hold the state office of attorney general. He later prosecuted the 16th Street Bombings and served as former Gov. George Wallace's lieutenant governor.
Baxley thanked and charged the jury to remember the importance of their job.
"The fact that we have a system in this country where nobody can be convicted of a crime without 12 jurors … that's one of the greatest protections we have in this country," Baxley told them. "Not even the prosecutors, not even [Jim] Sumner, not even the governor or a president … can tell you who violated a provision of the ethics law or any other law. That's why we say thank God for the jury system."
Baxley reiterated the defense's claim that the charges were unfounded and devoid of evidence.
"Some of the charges are so ridiculous … that I wondered why they were in there," Baxley said. "I inferred … that if they put a whole bunch of charges in an indictment ... they'll find him guilty on one or two of them."
Each of the 23 charges against Hubbard could carry a prison sentence of 2–20 years in a state penitentiary and up to a $30,000 fine.
"There's no evidence because it didn't happen," Baxley said. "He didn't use his office for [personal gain]. You watched it and you heard it, and the evidence is closed. ... It's been a nightmare for his family."
Hubbard is accused of maintaining four separate consulting contracts with different prominent businesses and trade organizations in the state.
According to evidence presented by the prosecution, Hubbard's Auburn-based media company Auburn Network Inc. profited more the $30,000 a month off of the contracts between 2012 and 2014.
In total — between investments Hubbard is accused of illegally soliciting for his printing company Craftmasters, the consulting contracts, and business he solicited using his public offices — prosecutors say Hubbard illegally made more than $2 million using his offices.
"Whatever he wants, he gets — and that we agree with," Davis said. "He became so powerful down there in Montgomery in that Legislature — he got whatever he wanted. ... He used his power to salvage his failing business, he used that power to get consulting contracts, and he used his power to intimidate people in high places."
In 2012, an investigation began into the Auburn Republican's handling of party funds during his time as chairman of the Alabama GOP from 2007–2011. The investigation was commissioned by Hubbard's successor, but eventually the state became involved under the auspices and supervision of Attorney General Luther Strange's special prosecutions division.
In 2014, a Lee County Grand Jury under the direction of Hart indicted the speaker on 23 felony counts of violating the state's ethics laws. The grand jury accused Hubbard of using his public offices as party chair and House Speaker for personal gain.
Since then, Hubbard has maintained his innocence, and he and his lawyers have criticized both the investigation and the charges as political fishing expeditions. The speaker, in a press conference after his indictment, accused Strange and the attorney general's office of attacking him for political purposes.
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