LEE COUNTY, AL (WTVM) - Private, closed door testimony dominated day three of Speaker Mike Hubbard's attempt to get the 23 felony ethics violations against him thrown out based on prosecutorial misconduct.
Judge Jacob Walker informed that the media testimony would be private on Wednesday as witnesses would discuss specifics of that grand jury, and that information is confidential.
It was crucial for the defense as Judge Walker stated the only way to get the charges tossed was to prove prosecutors with the AG's office unduly and improperly influenced the grand jury into indicting Speaker Hubbard.
The public testimony hasn't touched on that, instead the defense has tried to paint AG Prosecutor Matt Hart as an unethical attorney who targeted Mike Hubbard with a grand jury. Hart released the following statement regarding the case:
"One year ago, the special grand jury comprised of 18 Lee County citizens indicted defendant Mike Hubbard on 23 felony counts. Since his indictment, Hubbard has promised to expose the state's team as rogue, unethical prosecutors. In this week's hearing, defendant Hubbard provided no credible evidence for his claims. While all defendants are presumed innocent until proven guilty, we look forward to addressing the real issue in this case, which is whether or not defendant Hubbard violated the Alabama Ethics Law 23 separate times."
Judge Walker stated that if he did allow Hart to be disposed in the case, he needs to figure out if it would disqualify Hart from acting as a prosecutor.