OPELIKA, Ala. (AP) - A prosecutor’s conversations with a political operative took center stage Thursday in House Speaker Mike Hubbard’s effort to dismiss his ethics case scheduled for trial later this month.
Hubbard has accused prosecutors of “gross misconduct” because of conversations the lead prosecutor Matt Hart had with Baron Coleman, a lawyer, campaign consultant and radio show host, who had been on the opposite side of Hubbard in numerous campaigns and political fights. Prosecutors have said the conversations were proper and accused the defense of trying to delay the case.
Coleman testified in a Thursday hearing that he had as many as 100 conversations with Hart since 2012. Coleman said he drew conclusions from those conversations and used the information to try to damage Hubbard politically with a “whisper campaign” while working for Hubbard’s 2014 primary opponent.
“I told everyone in Lee County whose door I knocked on that Mike Hubbard was going to be indicted,” Coleman testified.
Coleman said Hart would call him to seek information about certain people. Coleman said he put “two and two together” and concluded those were people being called to testify before the grand jury. However, Coleman stopped short of accusing Hart of giving him protected information.
Despite nudging from Hubbard’s defense lawyers, Coleman said he couldn’t say “beyond a reasonable doubt” that the information came from the grand jury.
Hubbard is scheduled to go to trial March 28 on ethics charges accusing him of using his public position as speaker and former Alabama Republican Party chairman to drum up clients, business and investments for his companies.
Lee County Judge Jacob Walker said he was “inclined” to grant a short continuance to later in the spring as the defense appeals pretrial rulings.
Coleman said he recorded some of the conversations after his relationship with Hart began to sour.
Prosecutors have argued Coleman was a “confidential informant” helping them so it was proper for Hart to discuss the case with him and that the content of those conversations, and tapes, should be protected.
It’s a status Coleman disputes. He testified that he was never told he was, or agreed to be, a “confidential informant,” a legal distinction given to people trying to secretly provide information to law enforcement officers.
The judge said he first had to determine Coleman’s status before moving on to the misconduct claim.
“Does anyone have a case where a confidential informant says he was not a confidential informant,” Walker said.
Prosecutors asked the judge to issue a protective order prohibiting him from releasing the tapes to anyone. The judge said he would schedule a hearing after Coleman said that would infringe his free speech rights.
“My tapes. My speech,” Coleman said.
Please read our comment policy before commenting.