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UPDATED @ 3:14 PM 10:26 AM. Hubbard Hearing in Lee County

Rickey Stokes

Viewed: 17553

Posted by: RStokes
Date: Mar 03 2016 10:34 AM

LEE COUNTY:   Judge Walker just took a 10 minute recess. The hearing that started promptly at 9:00 began immediately with Barron Coleman as a witness. The one and half hours was filled strictly with direct examination of Coleman by the defense team.


Coleman asserted rule 1.6 and if ordered under rule 3.3 by the Judge, he would testify. It was agreed by 8 lawyers in conference with Judge Walker that some of the testimony would be in private in Chambers after this hearing.


Coleman testified that he came forward to correct the record. Coleman testified that his inner self made him come forward to clear the record. Coleman said that he discussed this with several lawyers and the Bar Association about the right thing to do.


Coleman testified that he had 100's of conversations with Matt Hart concerning Mike Hubbard. And based on those conversations that he did a "whisper" campaign to discredit Mike Hubbard politically and professionally.


Coleman said that Hart told him to make sure that he did not say his information came from the Attorney General Office.


Coleman said he was summoned ( requested ) by Hart to the Lee County Courthouse to meet with Hart on January 23, 2014. Coleman said he was concerned about being summoned by the prosecutor. That was the first time he recorded the conversations to protect his version of stories.


Court about to begin again....more to come about Coleman's testimony. Time for Attorney General to question Coleman.


UPDATED @ 11:10 AM


At 10:35 AM the Attorney General Office began to ask questions to Mr. Coleman. It was continuous in the question/answer session between the AG Office and Coleman. No love lost.


Most of the "juice" has been reserved for a closed session. So as of this writing Judge Walker cleared the courtroom except for parties involved.


At the beginning of Coleman testimony Judge Walker read Miranda rights to Mr. Coleman. Coleman reserved the right to object to the questions and argue for himself. Coleman said he had three lawyers, of which he asserted the privilege and no authority to discloses those three attorneys. The AG office attempted to make him disclose them. The Judge held that answer for "in chambers" testimony.


Coleman has been a good witness. However he testifies that his conclusions were Grand Jury testimony. Coleman testifies that conclusion came as a result of his subpoena for October 26 and when he started reviewing material, emails, articles and recalling conversations. That is conclusion in the 50 to 100 conversations with Matt Hart, that Hart provided Grand Jury testimony.


Coleman, when asked why this was not given in testimony in October, he replied that it was after mulling over 3.5 years of his and Hart's conversations, emails, etc. That when he realized that he had a problem, he consulted lawyers and the Alabama State Bar Association.


The AG Office states that Code of Alabama, 12-16-215 and 12-16-216 does not apply to prosecutors in the disclosure of Grand Jury testimony. That brought Bill Baxley to his feet with transcripts from a July 29, 2014 hearing. Baxley was very brash in his assertion that the AG argument that Grand Jury secrecy law does not apply to prosecutors is absolutely wrong.


Coleman was clear throughout the hearing that Hart never, ever referred to him as a confidential informatant. In fact Coleman testified that he was just the opposite.


When asked about anything he told Jack Campbell. Coleman said that Campbell was not a lawyer or a judge, that he was a political consultant. That anything he said to Campbell did not have to be exact. Coleman also said a January 2016 where Jack Campbell called him, he felt that was a controlled call by the AG Office.


NOTE:  Campbell is in a hallway and was in the elevator with myself and AG Investigator Keith Baker.


Coleman testified that he knew of the Barry Moore indictments and that information was given to him by Matt Hart. Coleman was involved in the campaign of Josh Pipkin who opposed Barry Moore in Coffee County.


Hart indicted Barry Moore. He was represented by Dothan's Derek Yarbrough and Bill Baxley. Moore was tried in Lee County and Moore was found not guilty.


Coleman testified that Matt Hart was pleased for Coleman to create chaos for Mike Hubbard. 


Coleman testified that he is afraid of Matt Hart and his power. Coleman testified that Matt Hart was a desperate man with serious financial problems. That brought swift objections from the AG Office.


Testimony was solicited from the defense of Coleman about Bill Britt of the Alabama Political Reporter. That information Britt has and published came from Matt Hart and the Attorney General Office.


There were objections from the AG Office about what Coleman "heard" about in Britt's sources of information.


There were questions concerning Britt subscribing to ALACOURT in January 2016. The inferance was that prior to then Britt's information came from Matt Hart.


UPDATED @ 1:53 PM



The court was adjourned at 12 noon and started back at 1:30 PM. At 1:50 PM took another recess.


Coleman was arguing before the court that if the AG was going to take testimony on his being a confidential informant, then Coleman wants the chance to cross examine the witness. That he, Coleman, has never been served process or notice about his free speech being waived in his being a confidential informant.


The Judge stated all of his arguments over the years is about the identification of confidential informants. The judge said he has never had the argument where one side position was the person was a confidential informant but that confidential informant said, no I am not.


Coleman has secretly tape recorded conversations with Matt Hart. The AG wants a order the tapes can not be used until a ruling by the judge. The defense said those tapes belong to Coleman and not the AG. Coleman argues since he has never been served notice and given the chance to argue, then his free speech can not be limited.


The judge asked the AG, how do I stop Coleman? No answer.


The defense has no more witnesses. The AG called Jack Campbell to the witness stand. Then the AG wanted to invoke the rule in that a witness can not remain in the courtroom while a witness testifies.


When asked if the AG planned to call Coleman back to the witness stand, the AG said they don't plan on it but can not say for sure.


Coleman then argues if they are going to have a witness to testify to determine if Coleman is a confidential informant, then Coleman argues he needs to hear the testimony so that he can address it. Coleman argues that he has the right to hear that testimomy.


Coleman also argues the AG can not waive his right to free speech.


The judge questioned tha, if Coleman is removed from the courtroom then his attorney can be present for the testimony.


Defense Counsel also argue that confidential informant only applies to law enforcement. The code is clear on the definition of a law enforcement officer, and Matt Hart, as a prosecutor, is not a law enforcement officer.


The AG argument is that Hart is a art of law enforcement.


The court took a ten minute recess at 1:50 PM. Trying to determine now if Coleman remains in the court during Jack Campbell testimony or out of court.


UPDATED @ 3:02 PM


The judge ruled that Coleman could remain in the courtroom. The judge stated the rule, where witnesses are excluded from the courtroom, was not asked for at the beginning so he would not start it now.


Coleman stated that one of his attorney's was in Las Vegas's and one was in Birmingham, so no way to get a lawyer his on his behalf.


Jack Campbell was called to the stand. Campbell is a political consultant. He did co-host a radio show with Coleman, but was not anymore. He was a partner of Coleman's but the business was not active. Campbell and Coleman are at odd's right now.


Campbell testified that he learned of the Coleman affidavit from Susan Britt. She is the wife of Bill Britt of the Alabama Political Reporter. Campbell testified he was personal friends with the Britts and talked with them everyday. Campbell also testified he is a guest on the Britt's TV show.


Campbell said after learning of the affidavit he called Coleman. Campbell testified that he told Coleman he had left items from the affidavit as to his relationship with Matt Hart.


JUDGE IS COMING BACK IN..stay tuned 3:09 PM


UPDATED @ 3:14 PM


Continue with Jack Campbell... Campbell said language was salty that made Matt Hart look bad. Campbell said he asked Coleman what happen to letting something sit for 24 hours.


Campbell said Coleman was mad at Matt Hart because he impunded his ability as a lawyer. Campbell testified also that Coleman was mad, feeling the AG Office was going to use him as they had Josh Pipkin and then desert him as they had Pipkin.


Campbell was also mad because of a contract the AG had with an outside law firm for big dollars in this case.


Campbell also stated that Coleman told him that he wanted to control the narrative.


Campbell also testified that Coleman was pressured into filing the affidavit because the defense team was going to file a bar complaint and he wanted to get in front of the bar complaint.


Campbell called the AG Office for Luther. He got a return phone call from Matt Hart and met with Hart and his team, at which time Campbell gave an affidavit.


Following Campbell was John Willard Rice. He solicited Sandy Toomer to running against Mike Hubbard in 2014. Rice referred Coleman to Toomer to handle the campaign. 


Rice, a real estate broker, solicited candidates and fund raising for candidates. He testified that Coleman talked to Hart a lot. Rice testified that Coleman called him the Day he filed the affidavit.


As too whisper campaign, Rice said there was no planned whisper campaign, but in every campaign there is a whisper campaign.


Following Rice the AG office wanted to call Sandy Toomer to the witness stand. A brief recess because Toomer was on jury duty and on a jury.


After a recess Toomer testified. Nothing substantial offered, except John Rice opposed anything that Mike Hubbard was for.


AFTERWARDS, a brief hearing in the Judge's conference room. 


Upon returning, the defense asked to remove a motion they filed under seal to be unsealed. That was granted.


In that motion, the defense has filed a Writ of Mandamus with the Alabama Court of Criminal Appeals on issues the trial court has denied. With that is a Motion To Stay the trial until a ruling from the Alabama Court of Criminal Appeals.


The AG opposed the motion to stay the proceedings. However the judge said that a short continuance until later in the spring would probably be granted because of the Writ of Mandamus.


The judge asked Coleman to approach the bench. There was discussion as to the tapes and a protective order until the court rules.


There is still a pending motion concerning Matt Hart and his deposition.


Transcripts from today will be ready next week. The attorney's will have ten days to sub,it brief's to the trial court, and then a ruling on today.


SUMMARY


Not as much fireworks as anticipated. Undisputed that a relationship between Matt Hart and Barron Coleman existed. 


And in my opinion, no doubt that Matt Hart was using Coleman to disseminate information to the public.


What will be done? Good guess.


AS TO VAN DAVIS, SPECIAL PROSECUTOR



He did a great job holding the chair down. It was clear that Matt Hart was running the show.


See ya




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