Prosecutors Rest Their Case in Mike Hubbard’s Ethics Trial

by

Former Alabama Gov. Bob Riley returns to the stand for what will be his third day of testimony in the ethics trial of House Speaker Mike Hubbard.

A defense lawyer on continues his cross-examination of the former governor. Riley, who became a lobbyist after leaving office, testified earlier in the trial that Hubbard asked to work at his lobbying firm after being laid off from his job.

The third day of testimony started right off where they left left off, Monday.

First thing the former governor asked was if he could make a comment to state prosecutor Matt Hart. Governor Riley let out a sigh after Hart objected to the request. The confrontation  continued from there.

The state objected to multitude of Baxley’s questioning, that appeared like he was trying to get Riley to interpret the ethics laws. Riley was able to get in a little commentary about his friend Mike Hubbard, saying he’d never seen anyone with as much effort into making sure everything Hubbard did was reviewed and blessed.

The defense shared emails to establish that Hubbard went to Riley as a friend and mentor asking for advice. This email was sent on Easter from the Speaker to Riley- “I am thankful for my Risen Lord. Especially today. And also for you- my friend, mentor and role model.”

Special Agent Greg Free, tasked with digging into Hubbard’s financial records, was the next witness called to the stand. Free is a state special investigator who spent 29 years with the FBI. Prosecutors used him to paint a revealing picture of Mike Hubbard and and to poke holes in the defense’s claim that Hubbard was in extreme financial distress and the notion it’s hard to live on a state politician’s salary.

Defense also aimed to highlight Hubbard’s qualifications for outside work. Riley said- “Mike is probably as smart as anyone I have ever worked with in any position or in my business. Mike also has a work ethic that is absolutely phenomenal. I am talking 12-18 hours a day.”

Agent Free testified that before Hubbard was allegedly doing consulting work that he broke ethics laws. He says that Hubbard were reporting roughly $330-$350 thousand dollars in income between 2009 and 2012 .

After losing his main source of income, the finance investigator says Hubbard was receiving roughly $31 thousand dollars a month in payments in consulting contracts and salary.

These contracts are the center of the state’s case, that Hubbard was using his state position for financial gain, and according to the state investigator’s report today, it totaled almost $2.4 million dollars.

Defense was tried to poke holes in the state’s report by showing the investigator didn’t look at the use of any of the money reported and how much of the money went into Hubbard’s pocket personally.

The state rest its case after questioning of Agent Free concluded.

The defense filed motions to have the charges against Hubbard thrown out. One of their main arguments to the judge is that the state did not show any criminal intent to justify felony ethics charges.

They also used the testimony from a few witnesses, saying Hubbard was very careful to try and follow ethics laws. They recalled back to Jim Sumner, former Ethics Commission Director, where he said Hubbard asked for guidance so many times they called it “the drill.”

The defense is also calling on the friendship exception to have the counts thrown out.

The judge denied all of these motions.

The defense is also asking to bring Governor Riley back to the stand to be able to share “his own thinking”, just like Sumner did. The judge says it will be filed but didn’t make a mention of the ruling.

In shocking events, after prosecution rest its case, the defense calls Mike Hubbard to the stand as its first witness.

This was really Hubbard’s chance to humanize this whole process. He’s been making a point to make eye contact with the jury as he explains his background and how he got into politics. He even cracked jokes about Auburn football and getting his start in the radio business.

In the midst of all this, he’s addressed some of the charges against him.

He stated that it was a group decision to use his printing company, Craftmaster Printers, for the Republican races when he was chair of the party. That Republican Party money benefiting him personally makes up for a few of the charges. He testified he didn’t make a cent off of using his printing company.

Hubbard also addressed his relationship with Former Governor Riley, saying how embarrassing it was that emails where he’s confiding in Riley are now public.

He brought up his different consulting contracts. He stressed that he went to the ethics commission to make sure it was okay. He also said he sought out of state work to make sure this wouldn’t be an issue.

Hubbard appeared to be fairly upbeat but clearly nervous. He was on the stand for about an hour and a half.

Hubbard faces 23 felony ethics charges accusing him of using his political positions to make money and seek financial favors, investments and employment from lobbyists and people with business before the Alabama Legislature. He is also accused of being improperly paid to lobby the governor’s office on economic development projects that could indirectly benefit his clients.

Hubbard says he’s innocent and the transactions were legal.

 

Hubbard’s TAX RETURN- REPORTED INCOME (2012) 
Severance Pay– $33,000
Speaker Salary– $61,000
Auburn Network– $97,000
Susan Hubbard’s Auburn University Salary– $151,000
TOTAL– $342,000

STATE REPORT
Money from GOP to Craftmaster– $101,000
Money from GOP Consultant (Majority Strategies) to Craftmaster– $747,000
Consulting for SEAGD– $208,000