Report: Prosecutorial misconduct in ethics case against Mike Hubbard

Report: Prosecutorial misconduct in ethics case against Mike Hubbard

(WTVM) - We have new details in the criminal case against Alabama Speaker of the House Mike Hubbard, who faces 23 felony ethics violations.

Now Hubbard's defense team is calling foul play after Deputy Attorney General Matt Hart told another Deputy Attorney General his plans to get Hubbard to plea.

In a 123-page motion filed Monday, Hubbard's legal defense team asked Judge Jacob Walker to dismiss the indictment.

The defense claims special prosecutors for the Attorney General's office, their investigation, and the special grand jury are tainted.

On page 32 of the filing is a letter written by former Deputy Attorney General Sonny Reagan detailing his account of conversations he had with Hart, the Deputy AG prosecutor on the Hubbard case.

Regan's recollection of those conversations were subpoenaed by Hubbard's defense team.

Reagan claims in January 2014, his former colleague Hart told him he was "going to put a 155mm Howitzer round right through Mike Hubbard and I do not care about the collateral damage to anyone else."

Reagan writes in November 2013, Hart told him the only way to handle Hubbard was to "bring him in, show him the indictment and tie a noose (sic) around his f-ing neck. Then cinch it down until the _ is grasping for f-ing (profanity redacted) air then give him an option to plead guilty and resign."

The filing for dismissal claims Hart not only threatened the Speaker, but prosecutors used coercion to prevent witnesses, subpoenaed by the defense, from providing information.

The defense team maintains prosecutors also leaked privileged information throughout the grand jury process to discredit Hubbard publicly and impact his re-election.

Bottom line, the Speaker's legal team says their investigation into statements and emails they subpoenaed reveal prosecutors are "interested in a conviction more than justice."

So far neither Hart nor Van Davis, both prosecutors for the AG's office in the Hubbard case, have responded to our request for a comment regarding Monday's motion for dismissal.

The filing comes just weeks before an evidentiary hearing is set for April 15.

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