Judge sets March trial date for suit against former-Gov. Robert Bentley
Montgomery Circuit Judge Greg Griffin has set a March trial date for a lawsuit filed against former Alabama Gov. Robert Bentley by his former law enforcement chief Spencer Collier. According to the Associated Press, the trial is set for March 4. There, Collier’s team will argue he was wrongly fired by Bentley. The suit was filed in April 2016. The day after Collier was fired he accused Bentley of having an affair with an adviser Rebekah Mason. He alleges that Bentley and Mason made misleading statements to the media in an attempt to try and discredit him. “Their lies have hurt me financially, have severely damaged my reputation and they have made it their mission to permanently end my career in law enforcement,” Collier said in a 2016 statement. The lawsuit named four other defendants besides the Bentley campaign (Bentley for Governor, Inc.) Gov. Bentley himself, new ALEA Secretary Stan Stabler, Rebekah Mason, and the group through which she was paid, the Alabama Council for Excellent Government. Bentley ultimately resigned in April 2017, following allegations he used state resources to cover up an affair with Mason. Nevertheless, he continues to maintain his innocence saying Collier was fired with “cause.”
Conspiracy case: State Rep. Jack Williams, ex-GOP chair Marty Connors plead ‘not guilty’
Both Vestavia Hills-Republican, longtime State Rep. Jack Williams and former Alabama GOP chairman Marty Connors pleaded not guilty in federal court on Wednesday in Montgomery, Ala. The two, along with a California-based health care executive G. Ford Gilbert were arrested on federal bribery and conspiracy charges earlier this month. According to the Department of Justice, Gilbert is the owner of a California company that operates diabetes treatment centers throughout the world—Trina Health, LLC (Trina Health). In 2014 and 2015, Trina Health opened three clinics in Alabama. Soon thereafter, the state’s largest health insurer, Blue Cross and Blue Shield of Alabama (a.k.a. Blue Cross), informed Trina Health that it would not cover the treatments provided by them. Gilbert then schemed to force Blue Cross to change its position. He came up with a plan to push a bill through the Alabama Legislature’s 2016 session that would require Blue Cross to cover the treatments. Gilbert then made payments to State of Alabama House Majority Leader Micky Hammonin exchange for his efforts on behalf of the bill. Gilbert also hired Defendant Connors to act as a lobbyist on behalf of the bill. Connors knew of Gilbert’s payments to Majority Leader Hammon. Hammon and Connors then recruited Defendant Williams, the chairman of the Commerce and Small Business Committee of the Alabama House of Representatives, to hold a public hearing on the bill. Williams also knew of the payments to Hammon and acted in part to help Hammon, who, as everyone in the scheme knew, was experiencing grave financial problems. The indictment does not include charges against Hammon since he has already been convicted in federal court of other offenses related to mail fraud and misusing campaign funds. Following the arraignment, Connors released a statement claiming his innocence. “I am innocent of the charges that have been made against me. I have worked hard to conduct myself in the most honorable way possible, in a way that my family, friends and colleagues can be proud of,” Connors said in the statement. “I built not only a life here, but a reputation. The charges against me are totally unfounded, and will be vigorously defended.” A trial has been set for Sept. 4.
Perjury trial to begin for suspended Jefferson County DA, Charles Henderson
A trial is set to begin Tuesday on charges that a suspended prosecutor in Alabama’s largest county committed perjury. Charles Henderson is accused of giving false testimony in a 2016 divorce case in which he served as guardian ad litem, meaning that he represented the interests of the divorcing couple’s child. The woman in the case was working on Henderson’s campaign for Jefferson County District Attorney before he entered the case and later married him. The charges allege he lied about whether he and the woman were romantically involved while Henderson was supposed to be representing the child’s interests. Al.com reports that Henderson’s wife said in a Monday hearing she wouldn’t testify against her husband as jury selection began. Assistant Attorney General Matt Hart told a judge the state may challenge the validity of the couple’s marriage. Henderson was indicted Jan. 13 after being elected district attorney. He wasn’t allowed to assume the office because of the pending charge. A Democrat, Henderson defeated longtime Republican District Attorney Brandon Falls in November. State officials, though, say the case developed from concerns that rose to the Alabama Bar Association and isn’t politically motivated. At the divorce trial, Henderson testified, and evidence surfaced that he and the mother were in a romantic relationship, according to court records. Former husband Charbel Akl said private investigators he hired had spotted Henderson staying overnight at the woman’s apartment twice in August and once in September before the trial. According to the transcript of that hearing, Henderson said the former Ms. Akl had been campaigning for him since September or October 2015. Akl’s attorney then asked Henderson whether he had spent the night at her apartment since she had been campaigning for him. He twice said “no.” Henderson and his attorneys have argued that Henderson did not lie — that he and future wife didn’t become romantically involved until July of 2016, after Henderson already had been removed as guardian. After the divorce was granted, state prosecutors expressed concern that Henderson and the former Ms. Akl would get married, meaning she couldn’t be forced to testify. Jefferson County Probate Court records show Henderson married the woman Sept. 7 in Chambers County. If acquitted, Henderson could immediately file to be reinstated as district attorney. Republished with permission from the Associated Press.
Trial date set for suspended Alabama Chief Justice Roy Moore
A September trial date has been set for suspended Alabama Chief Justice Roy Moore. An order released Monday by the Alabama Court of the Judiciary says Moore’s trial on ethics charges will begin Sept. 28 if the court doesn’t rule before then. A hearing is set for Aug. 8 where the case could be decided before the trial, if the court comes to an agreement with judicial prosecutors and decides to remove Moore based on legal arguments. Moore opposes such a move and believes a fair trial is necessary. Moore, a conservative Christian Republican, opposes same-sex marriage on the basis of faith and the law. In January, he issued an administrative order to state probate judges that said state laws against gay marriage remained in place months after the U.S. Supreme Court had effectively legalized gay marriage nationwide. In May, the Judicial Inquiry Commission (JIC) filed judicial ethics charges against him for that order.
Judge tentatively delays Mike Hubbard trial until March
The ethics trial for indicted House Speaker Mike Hubbard was pushed back until March, which will overlap with the 2016 legislative session, a judge said Monday. Lee County Circuit Judge Jacob Walker granted a defense request to delay the trial that had been set for October, saying he was doing so because of the number of documents involved. However, defense lawyers also objected to the new date, saying they could not be ready until early summer. Prosecutors and defense lawyers traded accusations during a hearing on a number of motions in the corruption case against the powerful Republican legislator from Auburn. Defense lawyers said prosecutors were being purposely difficult by doing a “data dump” of 2.5 million unindexed files during the discovery process. They said the files included irrelevant material and played a video that showed the bare backsides of two women dancing to highlight their argument. “The goal seems to be to make it as burdensome for us as possible,” defense lawyer Augusta Dowd told Walker. “We have to look at each file. The time consumed is enormous.” Prosecutors said they turned over everything because that is what defense lawyers sought and accused the defense of trying to delay the trial. “The defense is saying I’m looking at that blue sky, but it’s not blue,” lead prosecutor Matt Hart said. “The grand jury, they indicted Mr. Hubbard for being a corrupt legislator. … They deserve to have that resolved,” Hart said. Walker tentatively scheduled the case for March but asked lawyers to look at their trial calendars before naming a specific date. The 2016 legislative session begins in February. Defense lawyer Mark White would not say if the defense would object to the trial being held at the same time as the session where Hubbard would normally preside as speaker. However, defense lawyers told Walker they could not be ready before early summer, a likely sign that they will seek another delay. Hubbard faces 23 felony ethics counts accusing him of using his public offices as House speaker, and his former one as Alabama Republican Party chairman, to enrich his businesses. Hubbard and his wife, Susan, sat on the front row of the courtroom during the hearing. Hubbard’s defense last week filed a sealed challenge to the ethics law, according to courtroom discussions. The 2010 ethics law was one of the first acts passed by the GOP legislative majority that Hubbard helped sweep into office. Hart told Walker that the challenge should be filed openly even if Hubbard was “embarrassed” by challenging the ethics reform that he once championed. White said the filing was sealed because it included grand jury material. White said the defense challenge accuses prosecutors of misapplying the law in Hubbard’s case. Walker instructed the defense to publically file the challenge by Friday with the grand jury material redacted. The defense team scored a significant victory during the contentious hearing. Walker agreed to hold an evidentiary hearing in October on defense claims of prosecutor misconduct, including that prosecutors tainted the grand jury with their behavior. White said he wanted Walker to listen to audio tapes of the grand jury. “You can hear in the voice of Mr. Hart the venom he has for my client, Mr. Hubbard,” White said. The defense is expected to call multiple witnesses to the stand, including legislators who testified at the grand jury. “For us it’s a great day. It’s an absolute victory,” White said. Republished with permission of The Associated Press.
Mike Hubbard defense claims prosecutorial misconduct
Lawyers for indicted Alabama House Speaker Mike Hubbard on Wednesday tried to buttress claims that the case against the powerful Republican was tainted by politics. During a hearing they had a radio host and a legislator describe calls they got from a lead prosecutor in the case. Hubbard faces 23 felony ethics charges accusing him of using his political offices for personal gain. Hubbard is seeking to dismiss the charges for prosecutorial misconduct. Lee County Circuit Judge Jacob Walker has yet to rule on the motion while he sorts out whether the defense can question multiple employees of the attorney general’s office. During a court hearing, talk radio host Leland Whaley and state Rep. Mike Ball described telephone calls they received from Deputy Attorney General Matt Hart after Hubbard was arrested in October. Both said Hart called them unsolicited to discuss statements they made on air that they thought the case was politically motivated. “He told me that he was angry with me for saying that I knew for a fact that the prosecution was tainted by politics,” Ball testified. Ball, a former state trooper, said Hart indicated he called him because of his background in law enforcement and that Hart got “very loud” during the call. In an odd bit of courtroom drama, Hart questioned Ball on the witness stand, giving contrasting recollections of their 44-minute conversation. The exchanges became heated at times. Hart questioned Ball about his characterization that he was angry. “Do you remember I used the word ‘disheartened’?” Hart said. Ball said Hart was loud enough on the call that his wife could hear him across the room. Whaley said he received a similar call from Hart that he partially recorded. Although both Ball and Whaley said they considered it strange to get a call from Hart, they said he did not discuss the details of the investigation. Ball said he did believe that Hart was trying to convince him Hubbard was guilty. Prosecutors objected to the testimony, arguing that there was no misconduct because Ball and Whaley are not witnesses or have any other role in the case. Hubbard’s defense is also trying to question 17 current or former members of the attorney general’s office. Walker has not yet ruled on prosecutors’ request to block those subpoenas. White said the judge has determined a process for deposing those witnesses outside of the public courtroom. Defense lawyer Mark White said Ball’s testimony was a “smaller piece of the puzzle.” “Prosecutorial misconduct is very, very difficult to locate and find because so much of it is internalized,” White said outside the courtroom. “What you essentially had was a prosecutor lobbying a representative who is not in his district to take action on the speaker remaining as speaker and to take a political position.” Prosecutors have accused Hubbard’s defense of trying to manufacture a bogus narrative of misconduct and of mounting a “fishing expedition” with the subpoenas to the attorney general’s office. “They have no evidence to support their claims,” Deputy Attorney General Michael Duffy told Walker. “That sounds like a fishing expedition to me. We don’t know what’s going on in the attorney general’s office, but we’d like to know because it could be helpful.” Walker seemed doubtful of one defense claim. Hubbard’s defense argued that Attorney General Luther Strange did not have the authority to select retired district attorney Van Davis to oversee the investigation when Strange stepped aside from the case. Hubbard’s defense was trying to subpoena any documents related to Davis’ appointment. Walker asked how that claim was any different than the one raised by Rep. Barry Moore, who was acquitted of perjury charges in a related case. Walker ruled that Davis was rightfully appointed to oversee that case. The judge told the defense team to seek the information through a discovery request rather than a subpoena. Republished with permission of The Associated Press.
