MONTGOMERY, Ala. (WSFA) - Former Alabama House speaker Mike Hubbard turned himself in to begin serving his prison sentence a week ago, but his defense team is looking to cut his time behind bars.
Hubbard’s attorneys have asked a judge to reconsider their client’s sentence.
Following a lengthy trial in 2016, Hubbard was convicted on 12 ethics violations. In 2018 the Alabama Court of Criminal Appeals upheld 11 of those counts, which was appealed to the state’s highest court.
The true test of Alabama’s ethics laws came in April as the Alabama Supreme Court issued a precedent-setting ruling, upholding six convictions and reversing five others. But on Aug. 28, the high court denied Hubbard’s motion to rehear the case and issued a certificate of judgment which required him to turn himself in to begin serving his sentence.
Due to the appellate action, Hubbard is now convicted of half the number of counts a jury found him guilty on in 2016. But that didn’t impact his 4-year split sentence, which is not subject to parole eligibility.
The defense’s motion contends due process compels re-sentencing under the circumstances noting that Hubbard is not a danger to society and has already been punished by losing his public office as well as his right to vote, business interests, and his current incarceration.
Hubbard, once one of the most powerful politicians in the state, surrendered at the Lee County Detention Facility on Sept. 11 and is now being held in protective custody at the Russell County Jail until he can be processed into Alabama Department of Corrections custody.