DOCUMENT 467

ELECTRONICALLY FILED
10/23/2015 2:32 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.
)

CASE NO.

CC-2014-000565

STATES OPPOSITION TO HUBBARDS REQUEST FOR

CONTINUANCE OF THE MARCH 28, 2016 TRIAL
Defendant Michael Gregory Hubbard (Hubbard) once again seeks to delay
the criminal proceedings in this case. This time its because Attorney Mark White
has a meeting set for April 25, 2016, in Washington D.C., during which he is
expected to give a speech of some kind. Hubbard suggests that this conflicts with
the March 28, 2016, trial date and asks that the trial once again be postponed. This
unjustified request for a continuance is only intended to create unnecessary delay.
This Court should therefore deny Hubbards request.
1.

This case was initially set for trial on December 8, 2014, but was

continued without objection at Hubbards request until October 19, 2015. On

Sunday, August 2, 2015, Hubbard again moved to continue the trial. Over the
States objection, this Court granted the motion and set the trial for March 28,
1

DOCUMENT 467

2016. The defense now insists that trial cannot start in March because one of the
many attorneys hired to represent Hubbard would prefer to attend a meeting in
Washington D.C.1
2.

Hubbard is currently represented by no fewer than five law firms in

this matter including White Arnold & Dowd; Trussell, Funderberg, Rea, & Bell;
Adams White Oliver Short & Forbus; Hare Wynn Newell & Newton; and Riley &
Jackson.2 There is no reason why one attorneys preference to attend a meeting
instead of two days of trial should result in a continuance.

Even if Mr. White

elects to attend this meeting instead of trial, a two-day absence from court is short
in comparison to the month or more the trial is expected to last.
3.

The citizens of Alabama are entitled to a timely resolution of this

important public corruption matter. Ensuring that Hubbard receives a speedy trial
is not only important to the parties to this case; it is also of great concern to the
people of Alabama. A Grand Jury indicted Hubbard for using his positions as
Chairman of the Alabama Republican Party and Speaker of the Alabama House of
1

The other requests by Hubbard to delay this trial were properly filed as motions to
continue. Hubbards third continuance request, however, was contained in a letter marked
Confidential Communication sent directly to the Court (attached as Exhibit A). This is
inconsistent with Mark Whites previous statements that requests of this nature are only proper in
pleadings. See August 17th Hearing Trans. at pp. 149-50 ( [A] Judge that used to sit in this
Court by the name of Judge Spud Wright said one time to me, if you want to ask me to go
fishing, write me a letter. If you have got something to say about a case, file a pleading.).
2

Specifically, the following nine attorneys have appeared in court proceedings on behalf
of Hubbard: Mark White, Augusta Dowd, Chambers Waller, Bill Bowen, Linda Flippo, Hannah
Thompson, Lance Bell, Phil Adams, and Blake Oliver. Although Jim Pratt and Rob Riley have
not formally appeared, the State has been notified that they represent Hubbard in this matter.
2

DOCUMENT 467

Representatives for personal gain. Further, he continues to be Speaker of the

House, one of the positions he is accused of abusing. As a result, until this case is
tried, a cloud will continue to hang over the Alabama House of Representatives.
The citizens of Alabama should not have to wait any longer than is absolutely
necessary to have that cloud lifted. A delay enabling one of Hubbards many
attorneys to attend a meeting to give a speech is completely unnecessary.
4.

The current trial setting of March 28, 2016, is 528 days more than

75 weeks after indictment. This Court has already twice delayed the trial at
Hubbards request, and the State submits that no further delays are warranted,
necessary, or justified.
5.

But if this Court is inclined to accommodate defense counsels

request, the State would propose the following compromise: conduct voir dire on
March 28, 2016, then recess until April 6, 2016, at which time the parties will
strike the jury and begin the trial. This compromise allows the parties to have
certainty in scheduling the multiple witnesses expected to testify and permits Mr.
White to attend his meeting. Otherwise, the State asks this Court to set a new trial
date a month earlier, in February 2016.
For the foregoing reasons, Hubbards request for continuance should be
denied.
Respectfully submitted this 23rd day of October 2015.
3

DOCUMENT 467

W. VAN DAVIS
ACTING ATTORNEY GENERAL
/s/ Miles M. Hart
Miles M. Hart
Deputy Attorney General
Chief, Special Prosecutions Division
mhart@ago.state.al.us
OF COUNSEL:
W. Van Davis
Supernumerary District Attorney,
Acting Attorney General
423 23rd St. North
Pell City, AL 35125-1740
vandclaw@centurylink.net
Michael B. Duffy
Deputy Attorney General
mduffy@ago.state.al.us
OFFICE OF THE ATTORNEY GENERAL
STATE OF ALABAMA
501 Washington Avenue
P.O. Box 300152
Montgomery, AL 36130-0152
(334) 242-7300
(334) 242-4890 FAX

DOCUMENT 467

CERTIFICATE OF SERVICE
I hereby certify that I have, this the 23rd day of October 2015, electronically
filed the foregoing using the AlaFile system which will send notification of such
filing to the following registered persons, and that those persons not registered with
the AlaFile system were served a copy of the foregoing by U. S. mail:
J. Mark White, Esq.
Augusta Dowd, Esq.
William Bowen, Esq.
William Chambers Waller, Esq.
Hannah C. Thompson, Esq.
White Arnold & Dowd P.C.
2025 Third Avenue North, Suite 500
Birmingham, AL 35203
Phone: (205) 323-1888
FAX: (205) 323-8907
mwhite@whitearnolddowd.com
adowd@whitearnolddowd.com
wmbowen@whitearnolddowd.com
cwaller@whitearnolddowd.com
hthompson@whitearnolddowd.com
R. Lance Bell, Esq.
Trussell Funderburg Rea & Bell, PC
1905 1st Ave South
Pell City, AL 35125-1611
lance@tfrblaw.com
Phillip E. Adams, Jr., Esq.
Blake L. Oliver, Esq.
Adams White Oliver Short & Forbus LLP
205 S 9th Street
Opelika, Alabama 36801
Phone: (334) 745-6466
Fax: (334) 749-2800
padams@adamswhite.com
/s/ Miles M. Hart
Deputy Attorney General

DOCUMENT 467

EXHIBIT A