DOCUMENT 758 LECTRONICALLY FILED Sabie 1222 PM 4.00-201400056500 iRCUEY COUR OF (MARY B- ROHERSON, CLERK IN THE CIRCULT COURT OF LEE COUNTY, ALABAMA STATE OF ALABAMA, CASE NO. Cc-2014- 565, MICHAEL GREGORY HUBBARD, Defendant, DEFENDANT'S MOTION FOR INVESTIGATION BY LEE COUNTY a {OR MISCONDUCT ‘COMES NOW Michael G. Hubbard, Defendant inthe above-styled ection, and, by and ‘tough undersigned counsel, moves tis Court to order a complete and thorough investigation {to juror miscondvet that occured during Me Hubbard's tril, In support thereof, Mr Hubbard shows this Honorable Cou a fallows 1. On June 10, 2016, Mr, Hubbard was convicted of twelve (12) felony cous of Volsing Le his |, T° :o38h he ‘eatite tial of Mr. Hubbard, which lasted approximacly tvee (2) vecs IEE BBS oes present in the jury oom with the ther jurors during breaks inthe til as wel as bfore and afr the tril each day 2, While in the presence of oer jurors throughout the wat of Me. Hubbard, Hi IBRB wioesse conversations and coments made by mul uo that ed Ho believeDOCUMENT 788 xe all of the evidence was presented, that several jurors were biased agains Me, Hubbard ‘even as early asthe frst day of the tril, (See Ex. A, Affidavit of SES 2D LTE conversations between or amongst jurors regarding ay jro's opinions on Me. Hubberd’s guilt or imocence, RIMINI pescostly winesed multiple conversations regiting Me Hubbavé's guilt seal a he fist day of til inlading 2, ERBIEE pessonlly witnessed « juror make comments regrdng ‘amount of Mr Hubba's private contacts, both wile in the Jury box ena while in the jy room, and expess Bl oinion on Mz Hubbard's gui carly in thea” (Ex. A at 5). in the til that Bf old defense counsel ding votre tha could put his ‘personal thoughs aside and render a fai and imptal verdiet ba theo Hl smiled and sod "yeah right" (Ex. A at 10, ©, EERSREBREE personally witnessed jor eonmment inthe jury tom before the defense had begun Lo presets case chat Mr, Hobbad should “ost plead ct to which wo othe jos aged, (Ex. Aa). 4, RIB persaslly winessed muliple jus dscss inthe jury room tefoce the defense had bog o present is ese that Me Hubba! vas just plain greedy" and diseuss why he needed “all that money” (EX. A 295), "The ashe fide sedated 10 po th aes of the rr inti tein sich ine sen eonplte ad thorugh investigation i jor mseondet ean be conde. An need copy of the afidavk is Fed ude el cotemparacus wth i mationDOCUMENT 758 © EBB pesonlly winesed conversations and comments made pioe ‘0 deliberation tat let ilo belive that several jurors “ha thelr ind made upto conviee Mr, Hubbard before the leven stated." (Bx. A st 14), ERR personally witnessed conversations and comments made pie to delibecton that ed to believe that “fr. Hubbard had jury that was biased and several of the jurors had Gxed opinions befow this case ever stored” (Ex Ast 1). 4. Imadition to personally witnessing several juors discuss the evidence and tein opinions on Mr. Hubbard's guilt before dlibecations and persaaly witnessing less one jor inte at ad ised eens coe and is Court dais ee, ERR pasonl wine jor dics who he Ste’ wins weld e ef uch etnony secu. x Aa). Forename dj new hen Chea Re Rey ole sing befor such stiory ace, Tiina plo be ied hgh stares of th iby te or init is Cou’ on 50 eter ead bute i nth nes Fo sod med 5 Theconvenatos anngt jos pod inh atch fe wer diet seanee of is Cou’ iasusos ju oto deus ease wih er orang yous in eth Mi Haba impart ale gua oc er 1. 6, US. Constitution; Al ‘he Constintions of Alaboma and the United States. Sep At Cons, Act $6. 6 On May 31, during the second week of il, EEA become so uncomfortable with the comments Hl was witnessing inthe jury room that Hl costed en ttomey daring Blanch beesk end was adie to repre the misconduct to the Coat. ThatDOCUMENT 758 some dey, EERIE re concaras known to Court Administor Paticin Campbell Mrs, Campbel asked SAR inher HB considered the comments I had witnested 10 ‘bat poine tobe “deliberations.” EMI responded “if no they ae borderline.” (Ex, A at 16. 7. Mis, Compbel dised III ot she would discuss the mater with he Cou, bt KBR ver heard feo Mis. Campbell again vegarding theese. (Ex. Ast 6 fee IAI conversation wit Ms. Campbell the comments continued and spread onside other jurors. (Bx. A at 17), This impecative that» complete and through fovestigation be conducted into the Juror misconduct reported in the atached afdavit of ENR. As sed above, bot the ‘Algbama and United States Constitutions grant the eriminally accused the right 0 tial by an impartial jury. Amend. 6, U.S. Constitution; Ala, Const. A1C1§ 6. Therefor,“ the daty of {tore not to osm ar espress thei pinion as to the merits ofthe cause until arguments have been a 3s inaly submited to them..." Haley w, State 516 So, 2 ngevtion given, a 02, 86 (An. Cx. App. 1986) (remade othe ial cout fora investigation into alleged jr misconduct involving a comment made by jor ding wal egnding the defendant's gu), 9. “Juror iscondt wil justity a new ial when indicts bis oF cocrption, or hen te micondut aed the vedic, or when from the extaeous fc rice ey be presume asa mater of la." Whiten v. Alsat, 447 So. 2d 655, 658 (Al. 1984). Moreover, Iti found that any ofthe jurors hed Formed apinions due to any conversation befor the jy retired to deliberate, (Mt. Hubbard} was denied an imptl jury snd i eniled 0» sew ial" Hayes v, Stale, 6€7 So. 2 LL, 14 (Ala. Ce. App. 1984) (vomanding a defenden’sDocuMENT 756 ‘conviction to the sal court for 8 "pinstaking and ext” vestigation of juror scone) (cine Hanoy. 516 So. 241 $04), 10. The atached aicavt of LOMA is sdvisible to show hat the jays veri inthis case wes improperly influenced by matters exteneous tothe atys deliberations, fnclodng but not ited to bias and pe-deleminaton of Me. Hubb gui by mip jus, eliberaions by jurors before the jury was charged, andthe disusion of extraneous material by est one juror uring he wil. See Whiten, 447 So, 2a 659 holding that joe aida sn testiony ate aisle to show thst mates ute the delbertion ofthe juny effected he ‘ordi nd reversing il cous deni of defendant's maton fo et, 11, Based on the above, Mr. Hubbatd requests a complete and through investiton int the juror misconduct described ee, fctng whether any jurors had formed an opinion shout Mr, Hobbac's ult prior to the wat beginning, whether sny joes expested their ‘opinions to her jurors abou the merits ofthe ease ad Me Hubbac's gil pir othe close of cvience and the begitning of deterations, nd whether any jarrs ware flowing the lp proceedings during wil through the mainsueam media, online bogs or socal medi 12 Moreover Mr, Hubbacl requests tht such investigation be conducted by the Lee County Sheif's Office or another sintialy stated neutral aw enforement gene. Sich investigation should not be conducted by the Alsbama Attorney Genera’s Office, which i ‘Alabama Law Enforcement Agency, whose proeeouting Mr. Hubbard in this matt, nor by chit officer was fired alter providing an alfdait in thie case and whose ultimate commanders Governor Bentley, a material witness in his caeDOCUMENT 758 Respectfully submited, Blane Bal Rance Bell ‘TRUSSELL FUNDERBURG REA & BELL 1905 Fist Avenue South Pell Ciy, Alabama 35125 ‘Telephone: 205-338-7273, ‘Telecoper 205-538-6084 Epa: nce @tibaw.com ‘Atoreys for Mr, Hubbard OF Counsel: Willan J. Baxley Joa Dillard David McKnight BAXLEY, DILLARD, McKNIGHT JAMES & McELROY os Office Box 830333, Binning, Albuns 35253-0329 ‘Telephone: 205-271-1100 ‘Telecopier 205-271-1108 {illad@basleyéilla.com ‘mcknight @basleylllard.com Philip B Adams 3, Blake Olver ‘Adains White Olver Short & Forbus LLP 208 South Nint Steet Opelika, Alabama 36801 pidams@edamswhitecom Doliver@adamswhitecom CERTIFICATE OF SERVICE "Unereby cesiy that on this 8 day of July, 2016, true and eoret copy ofthe foregoing pleading was filed electronically with the Cle of th Court ina manne thet wil result i ite Automaie service upon all counsel as followsDOCUMENT 758 Robert. Treese, Dist Auorney 234 Gateway Drive, Suite 111 Opelika, Alabama 36801-6889 sesieGleecountyenorg Michael B, Dll, Esq, Deputy Attorney General P.O. Box 300152 Monigomery, Alabame 36130-0152 mdulfy@ago sates Mat Eat, Es, Office ofthe Attomey General P.O. Box 300152 “Montgomery, Alabama 36130-0152 slat @agostatealus W, Van Davis, Esq 423 73ed Steet Noth Pell City, Alabama 35125-1740 vandelaw @ centurylinknet Lowe Bell ‘OF COUNSEL,DOCUMENT 158 EXHIBIT ongDOCUMENT 758 INTHE CIRCUIT COURT OF LEE COUNTY, ALABAMA STATE OF ALABAMA ” aw, CC 2016565 MICHARL GREGORY HUBBARD, Defendant APEDAVE TES 1. My 2c TTD | 2 over tbe age of 19 end a resident of eo Cauaty, Album ol, eee 3. Once the jury was eeleted and the al ste, }beoame very consemed tat sma then one of the jes wer biased agaist Mr Hibbard besute of states ing made lyse juror, Thee statement stared being made ding the fet wk ofthe 4. 1 observed numerous impopeieties among vaious members of the jury. 1 ood this on te fs sy ofthe al td it continued tough aos of thet We, the fry, ‘vee told that we bad to reader a fir en impartial verde. Dave on we I vas heating fot ‘he beganing ofthe tal untl the ood, sve jurors bad their mind mage up to coniet Me ‘Habberd bore he rl even tara, 5 ould mate conmeatny regnding te enon whl oe oc i a iin sits ahecseeaoy en a he ey some vey biased comments and commusieaion Seni eegiou the whol tl pce {SBIR es Fping ip wh te stn ofthe cont fy bar's coun ant Woolas make conmtty abou hose anole ‘Ths al oud bee Mi Hatin storny led any witnesses and before the eas as closed. 6 On May 31, Twas so uncomfortable because ofthe commentary thet called ea ste I our davng one hack break advised the eoane it Lad neve served on jury duty before end that ns concerned what wat going on and th anny et! as heaving ‘This atonay told me that it was not wpproptats behavior ata Ua T ned owes it the cout, When Tretumed from lnch thal day, {ran into Tesh Campbel 1 advise he of what hd witnessed upto hatin, Dusig the cosvectin with Ms Campbell eh waned to ky itt coagidered the eomments"dllbeationo which I respond if no, fey ace borderline" ‘Mrs Campbell advaed me she would lous this with Iudge Welle and go rom hee. TpeverDOCUMENT 758 ‘and anything else tom hee, 7. Afr the conversation with Mes. Cemptel the comments ond eammenty fm ‘ho jury room contind bette ncuded oer juror wou! mention who ovr wast wer going tobe fer he ey, ick fom lui old vs who we fad sl Te testy Bat 8 (One dy’ wine We eae oven Kner and edvsed us when Govern: Bentley was going 0 te. 9. When te Atorny General's Ofc presets a wits en fave, tiny displayed a cnt of he monly inome of Mike utr, AO ced ting ‘Sout ie Hubert when wo gt back hh uy a just plead out. CMAN and GEER epreed wit alr bar gry oops e o why Rented tony” a “he jt Bin greedy” Al of yg eer fea no te fry rom er Iiexiog to at Etvenigetor and tefore al of ie evened ben prevented 10, _Eay on oe ofthe jors salting abt tig questioned advil bythe ‘eens attorney. Bald hey exe elute pd person thoughts sid nd ecb vith verdit sed jst on the evidence presented ata, iS od thm Foe, bot ‘huni and eld "yeah a” 11, Whandlef the eourthoute fer he il 1 ae vey upset with he prose end the ‘Axed oplaions at] ied witnessed. Mr, Hubbard ad jury tt was ase and soe ofthe Jor fad Sxedopialons before seas eer cared, Tv tl tht Wook and ups ht Teddn’t do moe to make oes svace ofthe sition withthe juror. Teme To Wer on ‘Mondsy and stared telling 2 covorter ofthis and she advised et I neoded to reech cu ane femenne else know ebou It Tan elled the defense eforay to make thar swe of hat | woes, pated TD jy ord, 2016,01_ DRELN Cn Albarn,DOCUMENT 758 STATE OF ALABAMA ‘COUNTY OF. 4, i 4 Not Pb fr ho Ste La, ey cary ta wis ne oe tte fez An, Sos foo fo me By OMS Alans ive’ Ieee ith pot eenlteiny tclnowledged before me on ths day, that being informed of te conteats of the Ais executed the me voluntary 0 he ay the sae eas dt, OVEN UNDER MY HAND AND OFFICAL SEAL OF OFFICE on this OMG, of NOTARY PUBLIC SsTblereIRESANe08 My comm