Auburn firefighter Joe Lovvorn wins GOP primary for Mike Hubbard’s former seat
Just four months after 12 Lee County jurors found former Alabama House Speaker Mike Hubbard guilty on 12 counts of public corruption — agreeing with prosecutors’ assertions that the powerful Republican used the influence and prestige of his political offices to benefit his companies and clients — voters from House District 79 went to the polls to decide the Republican nominee who will run to replace him. Jay Conner, Joe Lovvorn, Brett Smith, and Sandy Toomer were all on on Tuesday’s ballot for voter consideration. Unofficial results show Lovvorn, a local firefighter and business owner, has come away with the victory, taking home 51 percent of the vote — enough to move on to the general election. According to Election Manager Robert Garris, Lovvorn received 2,097 votes, but results won’t be official until next week. For the past 20 years Lovvorn has worked as an Auburn firefighter and is a battalion chief. He also owns a moving company he began 12 years ago. Lovvorn will face Libertarian candidate Gage Fenwick on Nov. 29 for the general election. No Democrats are in the race. Unofficial results of the special election: Joe Lovvorn: 2,017 (50.32%) Sandy Toomer: 1,059 (26.42%) Brett Smith: 501 (12.50%) Jay Conner: 431 (10.75%)
Judge refuses investigation of Mike Hubbard’s ethics trial
A judge is refusing a request by former Alabama House Speaker Mike Hubbard to have a sheriff investigate whether there was juror misconduct at his ethics trial. But Judge Jacob Walker said Friday he is open to taking testimony from a juror who says another juror made biased remarks. Hubbard is seeking a new trial after being convicted on 12 felony ethics charges and removed from office. His lawyers submitted an affidavit from a juror who says another made biased remarks. During a hearing, the court administrator testified that one juror complained early in the trial that another was saying things like “now the truth is coming out.” She says the juror was asked to be quiet. Prosecutors say there was no evidence of misconduct or an unfair trial. Republished with permission of The Associated Press.
Mike Hubbard trying to overturn ethics conviction, judge to hear request
A judge has yet again agreed to consider a request for a new trial for convicted former Alabama House Speaker Mike Hubbard, among other motions. Lee County Circuit Judge Jacob Walker will hold a hearing Friday to consider motions filed by the defense post-conviction. Hubbard’s attorneys filed the request last month asking a judge to reverse the conviction, or allow a new trial, contending Hubbard did not receive a fair and impartial trial. On June 10, Hubbard was convicted on 12 of 23 counts of corruption, which automatically removed the powerful Republican from both the Legislature and the speaker’s office, ending the upward trajectory of the one-time GOP star whose career previously appeared to have no limits. On July 8, he was sentenced to a total of four years in prison, eight years on probation and ordered to pay a $210,000 fine. Hubbard is currently out on bond.
Alabama Legislature 2016 special session preview
A topic that has long divided the Alabama Legislature will take center stage Monday when lawmakers return to Montgomery for a special session called by Gov. Robert Bentley last month. Starting 4 p.m. Monday, lawmakers will begin to consider the fate of a state lottery as a solution to the state’s perennial budgetary shortfall. The state last considered a lottery in 1999, under Gov. Don Siegelman, when it was voted down. In order for a lottery proposal to make it on the general election ballot Nov. 8, the Legislature would need to approve it no later than Aug. 24. Friday, Bentley announced he’d also allow the Legislature the opportunity to address the allocation of the state’s BP settlement, but he wasn’t optimistic lawmakers could come to an agreement on how to use the funds. In the regular 2016 session, spending proposals fell apart over a disagreement between northern and southern Alabama lawmakers over how much money should be spent on state debt versus road projects in south Alabama. But before any of the policy proposals are considered, the Legislature will name the new Speaker of the House — a vacancy created after former House Speaker Mike Hubbard was convicted in June of 12 felony counts of public corruption. “This call [for a special session] is designed for the Alabama Legislature to address adequate support of essential state services including children, the elderly, people with mental illness and support for men and women in law enforcement,” Bentley said. “A primary focus of this special session is for legislators to allow the people within their district the right to vote on a statewide lottery. I am looking forward to working with lawmakers over the next few days as we address legislation that is simple, clean and transparent.” Updated at 8/15/16 at 12:25 p.m. with statement by Gov. Bentley.
State opposes Mike Hubbard’s request for new trial
State prosecutors are opposing former House Speaker Mike Hubbard‘s request for a new trial. Prosecutors in the court filing said that Hubbard’s ethics conviction is supported by evidence and the law. They say Hubbard also failed to produce evidence of juror misconduct. A jury on June 10 convicted Hubbard on 12 felony ethics charges. A judge sentenced Hubbard to four years in prison. The former House speaker has asked a judge for a new trial or a summary judgment of acquittal. Hubbard said prosecutors stretched the meaning of the ethics law in obtaining the conviction, and that some jurors demonstrated bias against the influential Republican. Lawyers with the attorney general’s office said Hubbard’s claims are baseless.
Mike Hubbard seeks new trial post-conviction
Former Alabama House Speaker Mike Hubbard has asked for a new trial, saying, among other claims, the state allowed improper expert testimony regarding Alabama ethics law, in their efforts to secure convictions against him. Hubbard’s attorney Bill Baxley claims former Alabama Ethics Commission Executive Director Jim Sumner was improperly allowed to testify about the intent of the state’s ethics law. Hubbard’s attorneys filed the request Friday asking a judge to reverse Hubbard’s conviction, or allow a new trial, contending Hubbard did not receive a fair and impartial trial. On June 10, Hubbard was convicted on 12 of 23 counts of corruption, which automatically removed the powerful Republican from both the Legislature and the speaker’s office, ending the upward trajectory of the one-time GOP star whose career previously appeared to have no limits. On July 8, he was sentenced to a total of four years in prison, eight years on probation and ordered to pay a $210,000 fine. Hubbard is currently out on bond.
Ala. House Republicans unanimously nominate Rep. Mac McCutcheon as Speaker
Members of the Alabama House Republican Caucus have unanimously named Republican state Rep. Mac McCutcheon of Huntsville as the group’s official nominee for Speaker of the House. The decision essentially assures McCutcheon will be selected speaker when the House convenes Aug. 15 — Republicans hold 70 seats in the House compared to the Democrats’ 33 — for a special session Gov. Robert Bentley called to consider his lottery proposal. McCutcheon says he will treat both Republicans and Democrats with fairness and honor. “I’m humbled by the faith and confidence that my fellow Republicans have placed in me, and, if elected as speaker, I pledge to preside in a manner that treats all members of both parties in a fair and honorable manner,” McCutcheon said in a news release after his nomination. “Our state faces many challenges ranging from education to ethics to ensuring adequate funding for even the most basic government services, and finding needed solutions will require all of us to work together.” A veteran of the U.S. Army, McCutcheon was first elected to the House in 2006 where he serves as chairman of the powerful House Rules Committee. Prior to his time in House, he worked with Huntsville Police Department for 25 years. His work there included serving as a hostage negotiator and an investigator with the Major Crimes Unit. McCutcheon was not the only representative seeking the position. He defeated five of his colleagues, Steve Clouse of Ozark, Lynn Greer of Rogersville, Mike Jones of Andalusia, Barry Moore of Enterprise and Phil Williams of Huntsville, who were also interested in the position. Pending the formal House vote, McCutcheon will succeed former House speaker Mike Hubbard, who was automatically removed from office after he was convicted in June on multiple counts of using his office for personal gain. He was later sentenced to four years in prison.
Meet the four Republicans running for Mike Hubbard’s legislative seat
Four Republicans are vying for former House Speaker Mike Hubbard‘s legislative seat in the Alabama House of Representatives. Hubbard was immediately removed from office in June when he was found guilty on 12 counts of public corruption. Following the jury’s decision, Gov. Robert Bentley set the timeline for special election, indicating major party candidates had to qualify with their respective parties by Thursday, July 14. Friday, the Alabama Republican Party announced Jay Conner, Joe Lovvorn, Brett Smith and Sandy Toomer all qualified to run for the Lee County District 79 seat. No Democrats choose to run in the special election. Here’s an look at the four candidates who have qualified to run for Hubbard’s vacant seat: Jay Conner Conner has been a leader in the Auburn community for over 30 years, serving in leadership positions such as chairman of the Lee County Board of Equalization, member of the Lee/Russell Metropolitan Planning Organization and the Auburn Chamber of Commerce board of directors. Conner has also served on task force committees with the city of Auburn in the areas of green space, watershed and downtown development. He is a licensed real estate broker and development manager. “I’m running for the Alabama House of Representatives in District 79 because we need true, honest, and genuine representation,” Conner said in a news release. “The people of District 79 should speak for themselves through a representative who will craft legislation and vote in accordance with our residents’ will, not for the benefit of those gaming the system.” Joe Lovvorn A veteran firefighter and businessman, Lovvorn earned both his undergraduate degree and his MBA from Auburn University, and is currently a Realtor and the owner/franchisee of Two Men and a Truck. “I have spent my life working to make our community a better place to live and raise a family,’’ Lovvorn said. “That goal will not change, and I have the experience to make it happen. I’m asking the voters for this opportunity, and I won’t disappoint.’’ Brett Smith A founding partner of Auburn-based Huff Smith Law Firm, Smith is a member of both the Alabama and Florida State Bars. His practice areas include small business, nonprofit and charitable organizations law. “I enter this race today with the specific intent to be an alternative to the tired and bland politician we have all grown so accustomed to in politics,” Smith said in the release. “As the Bible says, we are useless if we are lukewarm, better off discarded if we lose our saltiness.” Sandy Toomer Former Ecuadorian missionary, Toomer is currently the owner of Toomer’s Coffee Roasters in Auburn. Toomer previously challenged Hubbard for the District 79 seat in 2014. “We’ve been given a gift, and a second opportunity earlier than expected to start some change, and I think it needs to start right here in Lee County in District 79,” Toomer said of Hubbard’s removal from office. The primary election will be held Sept. 13. If a primary runoff is needed, it will take place Nov. 29 and the special general election will be Feb. 7, 2017.
Jim Zeigler not pleased taxpayers paying for Robert Bentley’s prosecution, defense
Alabama taxpayers will be paying for both prosecuting and defending Gov. Robert Bentley, who faces a grand jury and possible impeachment over charges he abused the office. State Auditor Jim Zeigler is not pleased. “This Friday, a special counsel will be hired at taxpayer expense to handle the impeachment investigation of Bentley,” Zeigler said in a statement. Ziegler announced that the state had approved a contract last week for up to $200,000 — paid with taxpayer money — to defend Bentley in a lawsuit filed by former Alabama Law Enforcement Agency head Spencer Collier. Bentley fired Collier in March, accused him of misusing funds during his time as ALEA secretary. Nevertheless, Bentley offered no proof of impropriety. Collier is arguing his dismissal was in retaliation for signing an affidavit setting the Attorney General’s office had not leaked information in the trial of former Alabama House Speaker Mike Hubbard. Currently, the governor is the target of four separate investigations: The Montgomery County grand jury, the state ethics commission, the House Judiciary Committee, and the U.S. attorney for the Northern District of Georgia. “We taxpayers are catching it from both ends,” Zeigler explained. “It is going to be costly to try to remove the governor. The only thing that would be even more costly would be to keep the governor for 2 ½ more years, misusing public resources.” Bentley, who is term limited, is at the midway point of his second term. Unable to seek a third term, he will leave office in January 2019, after the 2018 election. “At some point, Alabama citizens will get completely fed up with the Bentley soap opera and want it resolved,” Ziegler said. “We are close to that point. People do not want to wait for a legislative process that could last most of Bentley’s remaining term.” Ziegler called for Bentley’s resignation, saying, “It would save the state a lot of time and money.
Prosecutors call Mike Hubbard’s jury investigation request ‘unfettered fishing expedition’
Alabama state prosecutors say they oppose former House Speaker Mike Hubbard’s request for the sheriff to investigate whether there was misconduct by the jury that found him guilty on 12 ethics charges last month. Hubbard’s lawyers filed a motion last week, immediately after he was sentenced to four years in prison, with an affidavit from an unnamed or alternate juror who claimed to have heard multiple jurors make comments that showed a bias against Hubbard as early as day one of the ethics trial. “I observed numerous improprieties amongst various members of the jury,” the affidavit says. “I noticed this on the first day of the trial and it continued through most of the trial. We, the Jury, were told that we need to render a fair and impartial verdict. Based on what I was hearing from the beginning of the trial until the end, several jurors had their mind made up to convict Mr. Hubbard before the trial even started.” Parts of the two-page affidavit are redacted to conceal the identities of the jurors accused of holding bias. Hubbard’s lawyers also filed an un-redacted version under seal for Lee County Circuit Judge Jacob Walker. Walker gave the state until Monday to respond to the request. The attorney general’s obliged, filing a response to the request Monday saying Hubbard is seeking an “unfettered fishing expedition into the deliberations of the jury.”
A count by count breakdown of Mike Hubbard’s sentencing
Former Alabama House Speaker Mike Hubbard was sentenced to serve 4 years in jail and 8 years probation by Lee County Circuit Judge Jacob Walker. He also is fined approximately $210,000. Hubbard was convicted on 12 of 23 felony ethics charges on June 10 after being indicted in October 2014. Each count carried a maximum two- to 20-year sentence and a $30,000 fine. Here is a full breakdown of his sentencing: Count 5: 10 years. Split to serve two years and the remaining eight on probation. $30k fine. Count 6: 10 years. Split to serve two concurrently and the remaining eight on probation. $30k fine. Count 10: 6 years. Split to serve 18 months running concurrently with the other charges. $20k fine. Count 11: 10 years. Split to serve two years consecutive. Count 12: 10 years. Split to serve two running concurrently with the other charges. $20k fine. Count 13: 10 years. Serve two running concurrently with the other charges.$30k fine. Count 14: 10 years. Split to serve two running concurrently with the other charges. $30k fine. Count 16: 5 years. 18 months running concurrently with the other charges. No fine. Count 17: 10 years. Split to serve two running concurrently with the other charges. No fine. Count 18: 5 years. Split to serve 18 months running concurrently with the other charges. No fine. Count 19: 5 years. Split to serve 18 months running concurrently with the other charges. No fine. Count 23: 5 years. Serve 18 months running concurrently with the other charges. No fine. Prosecutors had asked that Hubbard be required to pay more than $1.1 million in restitution, the maximum fine of $360,000, the maximum amount to the Crime Victims Compensation fund of $120,000 and other court fees. Hubbard continues to maintain his innocence and he will attempt to appeal his convictions, his attorney Bill Baxley said. As set by Judge Walker, Hubbard has 42 days to file a notice to appeal.
Former Alabama House Speaker Mike Hubbard sentenced to 4 years in prison
Former Alabama House Speaker Mike Hubbard has been handed his sentence — a total of four years in prison, eight years on probation and ordered to pay a $210,000 fine — for 12 felony ethics violations for abusing his position by using the influence and prestige of his political offices to benefit his companies and clients. Flanked by family and friends who arrived at the courthouse in support, Hubbard received his sentence Friday morning from Lee County Circuit Judge Jacob Walker in the same Opelika courtroom where his long-awaited ethics’ trial took place last month. On June 10, Hubbard was convicted on 12 of 23 counts of corruption, which automatically removed the powerful Republican from both the Legislature and the speaker’s office, ending the upward trajectory of the one-time GOP star whose career previously appeared to have no limits. Throughout Friday’s sentencing Hubbard kept silent, even after the Judge offered him a chance to speak. However, his Defense attorney Bill Baxley declared after the sentencing was handed down, “I’ve seen very few people convicted by a jury that I felt were innocent… I can count on one hand. I believe with all my being, after everything we’ve gone though, Mike Hubbard is absolutely innocent of every charge.” Outside the courtroom Baxley proceeded to call the case a “witch hunt” and vowed to “appeal the case all the way.” Despite his sentence, Hubbard will not immediately be taken to prison, as Judge Walker is allowing an appeal, which Hubbard has 42 days to make.
