LEE COUNTY, AL (WTVM) - Speaker Mike Hubbard was inside a Lee County courtroom on Thursday for a second pretrial hearing before he goes to trial on 23 felony ethics charges.
Hubbard's attorney tells us the hearing began on a high note for the defense, when prosecutors with the Attorney General's office turned over exculpatory evidence that can be used to support Hubbard's innocence.
Meanwhile, most of the hearing dealt with prosecutorial misconduct allegations Hubbard's defense team has levied against the Attorney General's office, specifically Matt Hart, a prosecutor in the case.
The majority of the hearing was held behind closed doors as the judge heard the defense explain what evidence they have to prove misconduct, why they should be able to subpoena, and call witnesses from the Attorney General's office who may testify to alleged misconduct.
The Attorney General has filed a motion to quash or get rid of subpoenas arguing the defense has failed to satisfy the rigorous evidentiary threshold necessary to conduct discovery into the so-called prosecutorial misconduct.
We are waiting to see how the judge rules on the numerous motions before him.
We also learned an Open File request will be made by the defense. If approved by the judge, the defense will be able to look at more than a year of transcripts from the grand jury proceedings that led to Hubbard's indictment.
A date for the next pretrial hearing has not been set at this time.