Hubbard team pivots to focus on jury misconduct, calls for investigation


Rep. Mike Hubbard (Photo Courtesy: Glenn Baeske/The Huntsville Times 2011)

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OPELIKA, Ala. - Former House Speaker Mike Hubbard's attorneys now say the jury was biased against him from the start, and their latest court filing even mentions a new trial.

The heavily redacted document, blacked out to block not just the name of the person who reported the activity, but also their sex, cites a number of examples of jury misconduct in the trial that resulted in Hubbard being sentenced to four years in prison for twelve felony convictions of using his public office for personal gain.

The defense's filing is based on an affidavit from an unknown person.

That person claims they heard a juror say he told the defense counsel he could put his personal thoughts aside and render a fair and impartial verdict, before smiling and saying "Yeah right."

The witness also says a juror said in the jury room that Mr. Hubbard should just plead out. The witness says two other jurors agreed.

The witness also supposedly saw multiple jurors discuss how Hubbard was "just plain greedy," wondering why he needed "all that money."

The witness ultimately reaches the conclusion that several jurors had their mind made up to convict Mr. Hubbard before the trial even started.

The document mentions a new trial, and calls for an investigation "by the Lee County Sheriff's Office or another similarly situated neutral law enforcement agency."

Basically, neither the Attorney General's office nor Alabama Law Enforcement Agency.

The defense wants to be able to file an unredacted version of their affidavit under seal. The state had until Monday to file their response, but nothing shows up in the state court records system yet.

After that, it will be up to the courts to decide the fate of the defense's latest angle.

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