DOCUMENT 587

ELECTRONICALLY FILED
2/2/2016 4:28 PM
43-CC-2014-000565.00
CIRCUIT COURT OF
LEE COUNTY, ALABAMA
MARY B. ROBERSON, CLERK

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

STATE OF ALABAMA
v.
MICHAEL GREGORY HUBBARD,
Defendant.

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Case No. CC 2014-565

______________________________________________________________________________
HUBBARDS RENEWED MOTION TO DISMISS
FOR PROSECUTORIAL MISCONDUCT AND FRAUD
______________________________________________________________________________
Michael G. Hubbard (Hubbard), by and through the undersigned counsel, has repeatedly
complained to this Court of the prosecutions misconduct in leaking confidential and privileged
information to the media and the public in an effort to prejudice and destroy Hubbard. See, most
recently, Hubbards Motion for Deposition of Prosecutor Miles Matthew Hart, Jan. 6, 2016, Doc.
550. Those leaks have included information which falls within the sanctity of Alabamas Grand
Jury Secrecy Act. Most recently, this Court felt compelled to enter a gag order in response to
the prosecutions misconduct in feeding a sealed pleading to a news blogger. See Order, Jan. 8,
2016, Doc. 556.
In response to Hubbards allegations, the prosecutors, feigning a posture of surprise and
offense that anyone would even dare question their integrity, have vehemently denied any
impropriety and have condemned Hubbard for making such scurrilous accusations.
Yet, the attached Exhibit A, affidavit of Baron Coleman, positively and directly refutes
the prosecutors denials and demonstrates that not only has prosecutor Matt Hart engaged in gross
misconduct but also that Mr. Hart has perpetrated a deliberate and blatant fraud upon this Court.
Indeed, the affidavit provides, at the very least, probable cause to believe that Mr. Hart has

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committed the felony of violating Alabamas Grand Jury Secrecy Act. Ala. Code 12-16-225. 1
The affidavit constitutes direct evidence of the facts that:

Hart disclosed secret grand jury information to Mr. Coleman including the testimony
of witnesses who testified before the Lee County Special Grand Jury.

Hart provided Coleman with information that Hart intended Coleman to use against
Hubbard in a political campaign.

Hart provided grand jury information to Coleman knowing that Coleman would
disseminate that information in the community in order to prejudice Hubbard in his
criminal case and convince the public of Hubbards guilt.

Hart threatened to call Coleman as a witness before the grand jury where it would be
painful.

Hart threatened Coleman and told him it would be a fucking mess if Coleman
revealed that he had a pipeline of information out of the Attorney Generals office.

In addition, Hart attempted to intimidate Coleman into not revealing additional

information concerning Harts use of the Spotswood law firm in drafting pleadings in
Hubbards criminal case.

Based on the retaliation the Attorney Generals Office has exercised against Sonny Reagan, Gene
Sisson, and other former employees of that Office and due to the obvious hostility his affidavit
reflects, Colemans fear of harm and retaliation is understandable and reasonable.
To the extent other members of the Attorney Generals office have been aware of Mr.
Harts misconduct, their silence and denials in Court and in the States pleadings will offer no safe
refuge, for every attorney owes an ethical and professional obligation of candor toward the
tribunal, Rule 3.3, Ala. R. Prof. Cond., and additional obligations to maintain the integrity of the
legal profession and report professional misconduct. Rule 8.3, Ala. R. Prof. Cond.

Ala. Code 12-16-225 provides Any person violating the provisions of Sections 12-16-215
through 12-16-218 of this division [Secret Grand Jury Proceedings], shall be guilty of a felony
and shall be punished by imprisonment for not less than one nor more than three years, or fined
not more than $5,000, or both.
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For these reasons, Hubbard requests that this Court conduct an evidentiary hearing at which
Mr. Hart is placed under oath, and the defense is allowed to examine him on the witness stand in
addition to other witnesses the defense might call. Hubbard asserts that even without such an
evidentiary hearing there is substantial evidence of prosecutorial misconduct, violations of Ala.
Code 12-16-2015 et. seq., and the Alabama Rules of Professional Conduct. Therefore, this Court
should dismiss this prosecution with prejudice in the interest of justice and in order to deter similar
prosecutorial misconduct in the future.
It is, however, within a district court's inherent power to dismiss an indictment on
grounds of prosecutorial misconduct. Jordan, 316 F.3d at 124849. Although
dismissal of an indictment for prosecutorial misconduct is an extreme sanction, it
is a sanction within a court's discretion if sufficiently egregious prosecutorial
misconduct has occurred and has prejudiced the defendant. See id. at 1249; United
States v. O'Keefe, 825 F.2d 314, 318 (11th Cir.1987).
United States v. Lyons, 352 F. Supp. 2d 1231, 1251 (M.D. Fla. 2004). A court has the inherent
supervisory power to dismiss an indictment or suppress evidence, if prosecutors are found to have
otherwise engaged in misconduct that must be discouraged or punished. United States v.
Trombetta, No. CRIM. 13-227-01, 2015 WL 4406426, at *36 (W.D. Pa. July 20, 2015).
Respectfully submitted this 2nd day of February, 2016.
/s/ R. Lance Bell
R. Lance Bell (BEL044)
Trussell Funderburg Rea & Bell, P.C.
1905 1st Ave South
Pell City, AL 35125-1611
Phone: (205) 338-7273
Fax: (205) 338-6094
Email: lance@tfrblaw.com
/s/ Phillip E. Adams, Jr.
Phillip E. Adams, Jr. (ADA025)
Blake L. Oliver (OLI020)
Adams White Oliver Short & Forbus, LLP
P. O. box 2069
Opelika, Alabama 36803-2069
Phone: (334) 745-6466

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Fax: (334) 749-3238

Email: padams@adamswhite.com
boliver@adamswhite.com
Attorneys for Michael Gregory Hubbard

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CERTIFICATE OF SERVICE
I hereby certify that I have on this 2nd day of February, 2016, electronically filed the foregoing
with the Clerk of the Court using the AlaFile system which will send notification of such filing to the
following counsel of record at their e-mail addresses registered with AlaFile.

William Van Davis

Law Office of W. Van Davis
423 23rd St North
Pell City, AL 35125-1740
Email: vandclaw@centurylink.net
M. Matthew Hart
Michael B. Duffy
Andrew Brasher
Office of the Attorney General
PO Box 300152
Montgomery, AL 36130-0152
Email: mhart@ago.state.al.us
mduffy@ago.state.al.us
abrasher@ago.state.al.us

/s/ R. Lance Bell

Of Counsel