HUBBARD TRIAL AFTERNOON Day 5

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Posted by: Staff
Date: May 31 2016 5:14 PM

HUBBARD TRIAL AFTERNOON DAY 5-SUMNER TESTIMONY CONTINUES. HART ASKS ABOUT THE FIRST 4 COUNTS OF THE INDICTMENT CONCERNING THE TIME HUBBARD SPENT AS REPUBLICAN CHAIRMAN. HUBBARD WAS ADVISED THAT AS LONG A HUBBARD WAS NOT ACTIVILY INVOLVED IN DIRECTING THE MONEY OR BUSINESS TO ANY PARTICULAR BUSINESS OWNED OR HAVING AN INTEREST IN HUBBARD COULD SERVE AS CHAIRMAN WITHOUT A CONFLICT. SUMNER TESTIFIES THAT CAPITAL CUPS AND OTHER CONSULTING JOBS HUBBARD HAD HE NEVER ASKED FOR THE ADVICE OF THE ETHICS COMMISSION ON.

BAXLEY HAS ASKED TO SPEAK TO THE JUDGE, THE QUESTIONS CONTINUE. SUMNER IS ASKED TO DEFINE A PRINCIPLE OF A COMPANY. SUMNER SAYS ANY OFFICER AND IN HIS VIEW…BAXLEY OBJECTS TO SUMNER EXPRESSING HIS VIEW. AN ARGUMENT ERRUPTS BETWEEN HART AND BAXLEY THAT THE JUDGE HAS TO STEP IN AND STOP, BOTH MEN ARE ADMONISHED BY THE JUDGE NOT TO ENGAGE EACH OTHER AND DIRECT THEIR COMMENTS TO THE BENCH. HART GOES BACK TO HIS QUESTIONING BUT IS INTERRUPTED AGAIN BY BAXLEY WHO DEMANDS THAT SUMNER NOT BE ABLE TO GIVE HIS OPINION IN THE PLACE OF LAW THAT IS ALREADY WRITTEN. HART MOVES ON TO ANOTHER AREA HART IS TRYING TO GET THE WITNESS TO SAY THAT IT MAKES NO DIFFERENCE IF THE MONEY OFFERED BY A PRINCIPLE TO A LOBBYIST IS PRIVATE MONEY, COMPANY MONEY OR PUBLIC FUNDS. BAXLEY CONTINUES TO FIGHT AGAINST ALLOWING THE QUESTION TO BE ANSWERED, BUT FINALLY THE JUDGE ALLOWS THE TESTIMONY. SUMNER IS NOW LOOKING AT A DOCUMENT THAT IS THE CONTRACT WITH THE SEAGD. SUMNER READS THAT HUBBARD AGREES NOT TO USE HIS OFFICE TO CAUSE IN ANY WAY AA UNFAIR ADVANTAGE TO SEAGD. FURTHER THE CONSULTANT AGREES THAT HE WILL NOT ENGAGE IN ANY WAY ANY ISSUES THAT WOULD GIVE SEAGD AN ADVANTAGE OR THE APPEARANCE OF SAME.

HART IS FINISHED WITH HIS FOUR HOUR EXAMINATION.

BAXLEY ASKS IF HUBBARD AND OR ROB RILEY OFTEN ASKED FOR ADVICE, AND ASSISTANCE FROM THE ETHICS COMMISSION. SUMNER ANSWERS IN THE AFFIRMATIVE. BAXLEY READS FROM A LETTER WHERE HUBBARD ASKED SUMNER TO GIVE HIM GUIDANCE, ON HOW HE CAN BE A CONSULTANT AND NOT HAVE ANY CONFLICT OF INTEREST. HUBBARD WRITES PLEAE ADVISE ME SO I WILL NOT IN ANY WAY VIOLATE ANY PART OF THE LAW. BAXLEY ASKS IF THE ETHICS COMMISSION EVER VOTED TO PURSUE ANY OF THE CHARGES AGAINST HUBBARD. SUMNER ANSWERED THAT THEY DID NOT BECAUSE THE ETHICS COMMISSION DID NOT KNOW ABOUT HALF OF THE ALAGATIONS MADE AGAINST HUBBARD. BAXLEY SAYS ONLY ANSWER YES, NO OR I DON’T KNOW THAT IS THE ONLY ANSWER HE CAN GIVE. SUMNER SAYS, THEN NO THEY DID NOT. BAXLEY GOES OVER REGISTRATION FORMS FOR THE BCA THAT ARE SIGNED BY BILL CANARY. BAXLEY THEN MOVES ON TO A MEETING THAT SUMNER SAYS HE DOESN’T REMEMBER. BAXLEY ASKS THAT A DOCUMENT BE AMITTED THATWILL CLEAR THINGS UP. HUBBARD DID SPEAK WITH SUMNER ABOUT THE LANGUAGE THAT WAS PUT INTO THE 2013 BUDGET. SUMNER SAYS HE HAD A MEETING ON MAY 1^ST AFTER THE FACT. BAXLEY ASKS IF HE SAID THERE WAS NO PROBLEM, SUMNER SAYS THAT WAS BASED ON KNOWLEDGE BEING WITHHELD CONCERNING HUBBARD’S INVOLVEMENT. BAXLEY SAYS JUST ANSWER YES OR NO, SUMNER SAYS HE HAS MORE TO SAY, BAXLEY SAYS NO JUST ANSWER YES NO OR I DON’T REMEMBER. ANOTHER ARGUMENT BREAKS OUT BETWEEN HART AND BAXLEY, SUMNER EVEN TRIES TO GET IN IT BUT THE JUDGE SHUTS IT DOWN AND GETS THINGS BACK ON TRACK. BAXLEY CONCLUDES WITH SEVERAL STATEMENTS ABOUT THE THICS LAW THAT SUMNER SAYS ARE STILL IN THE LAW CONCERNING CONFLICT OF INTEREST. COURT IN RECESS FOR 10 MIN….

2:32 COURT RESUMES WITH REDIRECT HART SAYS YOU TOLD BAXLEY THAT HUBBARD CAME TO YOU A LOT BUT HE NEVER ASKED ABOUT CAPITAL CUPS, APCI, OR SEVERAL OTHERS. SUMNER SAYS CORRECT. SUMNER WAS ASKED ABOUT A PHONE CALL FROM THE GOVERNORS OFFICE. AFTER THE PHONE CALL SUMNER CALLED HUBBARD AND SAID HE WAS TOLD THAT THERE WAS SOME LANGUAGE IN A BILL THAT HAD TO DO WITH A PHARMACY CO-OP. HUBBARD ASKED IF THE INFORMATION WAS COMING FROM HIS ENEMIES. SUMNER SAID HE TOLD HUBBARD NO. HUBBARD TOLD SUMNER IT WAS BEING TAKEN CARE OF. HART SAYS BAXLEY ASKED YOU ABOUT REFFERALS OF PROBABLE CAUSE. SUMNER SAID HE MADE REFFERALS ABOUT LOCAL OFFICIALS TO LOCAL DA’S, BUT STATE OFFICIALS PROBABLE CAUSE FINDINGS ARE SENT TO THE AG. SUMNER SAYS THAT THERE CAME A TIME WHEN HE AND HUGH EVANS OF THE ETHICS COMMISSION DECIDED TO START HANDLING ALL CORRESPONDENCE WITH HUBBARD IN WRITING AS COMPLAINTS BECAME MORE FREQUENT. IN A MAY 1 MEETING HUBBARD DID NOT SELF INCRIMINATE BUT HE DID TELL SUMNER THAT HIS CHIEF OF STAFF MAY HAVE DONE SOME THINGS BUT HE DID NOT KNOW ABOUT MY (HUBBARDS) BUSINESS ARANGEMENTS.

BAXLEY HAS ONE RECROSS QUESTION DID THE ETHICS COMMISSION FIND ANY PROBABLE CAUSE IN ANY CASE AGAINST MIKE HUBBARD. ANSWER NO.

RE-RE-DIRECT WHY? ANSWER BECAUSE WE DIDN’T KNOW MANY OF THE THINGS THAT WERE GOING ON. WITNESS DISMISSED.

NEXT UP IS MR. MICHAEL HUMPHRY WHO IS THE PRESIDENT OF A COMPANY CALLED INGENUITY. THE COMPANY SELLS TEACHING TOOLS TO SCHOOLS. HUMPHRY MET HUBBARD ON AN ELEVATOR AT A VENDOR CONFERENCE IN SAN FRANCISCO IN 2011. HUMPHRY STRUCK UP A CONVERSATION THAT SOON MADE THE TWO REALIZE THEY HAD A FRIEND IN COMMON NAMED FERREL PATRICK. HUMPHREY SAYS HE DID NOT KNOW WHEN THEY MET THAT HE WAS THE SPEAKER OF THE HOUSE. HUMPHREY SAIS HE WANTED TO USE PATRICK TO HELP HIM GET CLOSE TO HUBBARD TO DISCUSS TECHNOLOGY BASED LEARNING FOR SCHOOLS. HUMPHREY SAID PATRICK DID NOT WORK AS A BROKER FOR HIM. AS SOON AS HUBBARD AND HUMPHREY HAD A MEETING HUBBARD SENT AN EMAIL ALONG WITH A GENERIC CONSULTING AGREEMENT AND SAID HE HAD ALREADY DISCUSSED PURCHASING SOFTWARE FROM HUMPHREY WITH THEN SUPERINTENDENT TOMMY BICE. HUBBARD THEN SENDS AN EMAIL TO PATRICK STATING HE HAS THE BLESSING OF THE ETHICS COMMISSION TO ANY WORK HE WANTED OUTSIDE OF ALANAMA. IN AN EMAIL HUMPHREY SAID TO MR. BURGER THAT HE IS INTERSTED IN HIRING MIKE HUBBARD AS A LOBBYIST. HUMPHREY BACK-PEDDLES AND SAYS READING IT NOW HE SHOULD NOT HAVE CALLED HUBBARD A LOBBYIST. HUMPHREY IS ASKED THE DIFFERENCE BETWEEN LOBBYIST AND CONSULTANT. HUMPHREY SAYS LOBBYISTS MUST REGISTER IN THEIR STATE, BUT A CONSULTANT CAN WORK MORE FREELY.

HUMPHREY SAID HUBBARD WAS HIRED PARTIALLY BECAUSE HE IS A LEGISLATOR.

IN AN EMAIL FROM HUBBARD TO PATRICK HUBBARD EXPLAINS HE HAS ATTACHED A CONTRACT THAT HE WROTE THAT HIRES NOT HIM BUT THE AUBURN NETWORK AS A CONSULTANT. COURT BREAKS FOR 10 MIN…

3:50 BACK IN SESSION.

IN AN EMAIL FROM HUMPHREY TO THE COMPANY CFO HE STSTES THAT FERREL PATRICK’S COMPANY GETS PAID $10,000 PER MONTH. ACCORDING TO THE EMAIL HUBBARD IS TO BE PAID $7500 DOLLARS PER MONTH. ONCE THE CONTRACT IS APPROVED HUBBARD EMAILS BACK I AM WAITING TO GET TOGETHER WITH  MIKE HUMPHREY TO FIND OUT MORE ABOUT THE COMPANY AND HOW THINGS WORK. PATRICK SENDS BACK GREAT, UNTIL THEN I WILL BE OFFERING TUTORIALS OVER A GLASS OF SCOTCH. HUBBARD RESPONDS I’LL BUY. DURING THE NEXT SEVERAL WEEKS HUBBARD WAS ASKED TO MAKE INTRODUCTIONS IN NORTH AND SOUTH CAROLINA AND TELLING THEM THAT HUMPHREYS COMPANY WOULD HELP THEIR SCHOOLS. HUMPHREY CONTRADICTS EMAILS AND SAID THAT HE WAS NOT SURE THAT HUBBARD REALLY DID ANYTHING TO HELP GET A CONTRACT IN SOUTH CAROLINA. HUMPHREY. HUBBARD WAS ABLE TO GET HUMPHREY A MEETING WITH THE NCAA TO GET APPROVAL FOR CERTAIN COURSES TO BE CLEARED SO THAT ATHLETES WILL NOT BE IN DANGER OF LOSING THEIR SCHOLORSHIP. A LATER EMAIL SHOWS THAT HUBBARD DID HELP WITH THE NCAA AND EDGENUITY CONTRACT. HUMPHREY WAS ASKED IF HE THOUGHT HUBBARD HELPED, HUMPHREY SAID WITHOUT A DOUBT. IN ANOTHER EMAIL HUMPHREY TELLS HUBBARD ABOUT A POSSIBLE CONTACT WITH THE NEW SPEAKER FROM IDAHO. HUMPHREY IS SHOWN A  HUMPHREY IS SHOWN A SERIES OF CONTRACTS BETWEEN HIM AND FERREL PATRICK FOR SEVERAL OTHER COMPANIES. PATRICK WAS HIRED BOTH IN ALABAMA AND IN OTHER STATES TO WORK FOR HUMPHREYS COMPANY. HUMPHREY ALSO DISCUSSES HIRING STEVE FRENCH AS A CONSULTANT TO HELP GET INTRODUCTIONS TO STATE SCHOOL SUPERINTENDENT SAT A RATE OF $4000 DOLLARS PER MONTH. HUMPHREY SAYS FRENCH ONLY WORKED ABOUT A MONTH THEN WAS LET GO.

BAXLEY ON CROSS. BAXLEY ASKS HUMPHREY IF HE AND HUBBARD LIKED EACH OTHER AND IF HIS NAME TAG THAT IDENTIFIED HIM AS MIKE HUBBARD FROM ALABAMA, NOT AS THE SPEAKER OF THE HOUSE. BAXLEY JUMPS TO THE NCAA CONTRACT THAT HUBBARD GOT. AN EMAIL FROM HUBBARD SHOWS HE WANTS TO WORK OUTSIDE THE STATE OF ALABAMA. HUMPHREY TELLS BAXLEY WITH HUBBARDS HELP HE SECURED CONTRACTS THAT HAVE BEEN EORTH CLOSE TO $9 MILLION DOLLARS. OUT OF THE PRESENCE OF THE JURY BAXLEY WANTS TO ASK ABOUT GRAND JURY TESTIMONY THAT HUMPHREY GAVE WHERE HE DEFIES MATT HART’S REPEATED ATTEMPT TO COERCE AN ANSWER. JUDGE WILL ALLOW BAXLEY TO PROCEDE FOR THE MOMENT. JURY IS BACK AT 4:58…

BAXLEY ASKS HUMPHREY IF HE HAS BEEN CONSISTANT WITH HIS TESTIMONY OVER THE LAST 2 YEARS, ANSWER YES. BAXLEY ASKS IF HUBBARD EVER ASKED HIM TO HIRE HIM, ANSWER NO WITNESS DISMISSED COURT ADJOURNED. TOMORROW:

FERREL PATRICK, STEVE FRENCH, BILL CANARY, LINDA RILEY CAMBELL, AND ROBERT BENTLEY.

 

 

 

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