https://www.facebook.com/donald.v.watkins/posts/10208666549843315
Witness Tampering and Obstruction of Justice in Hubbard Case
By Donald V. Watkins
©Copyrighted and Published (via Facebook) on February 18, 2016
©Copyrighted and Published (via Facebook) on February 18, 2016
Governor Robert Bentley confirmed Wednesday that he ordered Spencer Collier to not provide sworn testimony to prosecutor Matt Hart in the ongoing public corruption case against House Speaker Mike Hubbard. This order constituted blatant witness tampering and obstruction of justice in the Hubbard case because the testimony Collier ended up providing, albeit against the governor’s wishes, was used by prosecutors to refute one of the pending defense motions to dismiss the criminal case.
Collier provided an affidavit to Hart against the governor's order. Bentley stated that he was clear in his order that Collier not provide sworn testimony in affidavit form to state prosecutors. The order was given in a face-to-face meeting.
Bentley has placed Collier on a leave of absence for signing the affidavit and providing it to prosecutors. The governor has stated that he will mete out further punishment for Collier at a later date.
Bentley’s order to Collier is strikingly similar to the witness tampering and obstruction of justice former President Richard M. Nixon engaged in with White House staffers and cabinet members during the Watergate grand jury investigation. Nixon's actions triggered Congressional impeachment proceedings against him.
Special prosecutor Van Davis and Alabama Attorney General Luther Strange have not taken any criminal action against Bentley for witness tampering or obstruction of justice. Political insiders on Capital Hill in Montgomery say Davis and Strange are afraid to charge Bentley with witness tampering and obstruction of justice, even though Bentley’s actions are unlawful and are clearly interfering with an ongoing criminal prosecution.
Collier’s affidavit cleared Hart of allegations that Hart had shared Hubbard-related grand jury information with Attorney Baron Coleman, a non-law enforcement individual. Prosecutors sought Collier’s testimony in the form of an affidavit in lieu of a grand jury appearance by him on the same subject.
In a recent affidavit of his own, Coleman charged that Hart had shared information with him that Coleman suspected had come from a special Lee County grand jury.
The grand jury indicted Hubbard 16 months ago on 23 felony charges that accused him of using his office for personal financial gain. Hubbard has denied the charges.
Despite Bentley's demand that he not submit an affidavit, and after Hart telling Collier he would subpoena him before the grand jury, Collier submitted an affidavit.
In his affidavit, Collier said Coleman approached him with information, but the law enforcement agency was not investigating Hart. Collier said he directed an agent to question Coleman. The agent said that Coleman did not allege criminal wrongdoing.
Bentley said he talked to Collier afterward about why he filed the affidavit against his order. The governor said he did not find Collier's explanation acceptable.
On Tuesday, Lee County Circuit Judge Jacob Walker ordered a hearing for March 3, 2016, to consider the testimony in Coleman’s affidavit. If Walker follows the established law on witness tampering and obstruction of justice, he will also probe the actions of Bentley.
Meanwhile, Bentley’s witness tampering and obstruction makes it nearly impossible for Hubbard to receive a fair trial. The governor's actions were deliberate and were obviously designed to impact the outcome of the criminal case. Furthermore, nothing in Alabama’s constitution or state laws gives the governor immunity from prosecution for engaging in witness tampering and obstruction of justice in an ongoing criminal case.
Donald V. Watkins
No comments:
Post a Comment