OPELIKA, Ala. — Tuesday was day one of the long-anticipated trial of Alabama House Speaker Mike Hubbard, who was indicted in October of 2014 on 23 felony counts of using his public office for personal gain.
According to an almost two-hour opening statement from the prosecution, Hubbard has made roughly $2.3 million dollars in various schemes designed to leverage the power of his public positions to enrich himself.
The charges are as follows:
• Four counts of using of his office as Chairman of the Alabama Republican Party for personal gain;
• One count of voting for legislation with a conflict of interest;
• Eleven counts of soliciting or receiving a thing of value from a lobbyist or principal;
• Two counts of using his office as a member of the Alabama House of Representatives for personal gain;
• Four Counts of lobbying an executive department or agency for a fee;
• And one count of using state equipment, materials, etc. for private gain.
If convicted, Hubbard faces a maximum penalty of two to twenty years imprisonment and fines of up to $30,000.00 for each count, all of which are Class B Felonies.
The Alabama Attorney General’s Special Prosecutions Division Chief Matt Hart broke down the charges into four overarching categories alleging the following:
1. While Chairman of the Alabama Republican Party, Hubbard directed money to companies in which he held and ownership stake.
2. As Speaker of the Alabama House of Representatives, Hubbard used his power to benefit companies that were paying him as a consultant.
3. While in office, Hubbard solicited investments for one of his businesses from individuals known as “principals,” which are businessmen who employ lobbyists.
4. While in office, Hubbard solicited business help from numerous registered lobbyists, including former Governor Bob Riley.
“He sees an opportunity and he takes it,” Hart said of Hubbard.
Hubbard’s lead defense attorney Bill Baxley, who is a former Alabama Attorney General, called the prosecution’s claims “mumbo jumbo” and essentially conceded Hubbard did some of the things he is accused of, but insisted they are not crimes. Baxley said the state’s ethics laws include provisions that allow citizen legislators, who serve in the legislature in a part-time capacity, to conduct regular business dealings. He also said that Hubbard’s consulting contracts came as a result of his friendships and prior business relationships, not because of his office.
“They’re not going to prove anything,” said Baxley. “We’re going to prove something to clear the air, that these things they’re saying are crimes, we’re going to show what they were.”
Former Alabama Republican Party executive directors Tim Howe and John Ross were the first to testify in the case. They are now partners in the Montgomery-based lobbying firm Swatek, Howe & Ross.
Ross testified that Hubbard had instructed him to use Craftmaster, a Hubbard-owned printing firm, for all of the Party’s printing needs, but added that Hubbard believed it was the best use of Party resources. Both Hower and Ross testified that Craftmaster did a good job on the work they were given.
Barry Whatley, the president of Craftmaster Printing, is expected to testify on Wednesday.
Other highly anticipated witnesses could include Alabama Governor Robert Bentley and Secretary of Commerce Greg Canfield, who prosecutors say Hubbard lobbied on behalf of one of his clients.
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