Prosecution against lawmaker continues
By Bill Britt
Alabama Political Reporter
The Alabama Supreme Court has ruled with the prosecution in the case against indicted lawmaker, Rep. Barry Moore, R-Enterprise. The high court held that the Lee County Grand Jury was properly impaneled and that Special Attorney General W. Van Davis and Matt Hart were legally appointed by the State’s Attorney General’s Office to oversee the investigation into Speaker of the House Mike Hubbard and others. The court’s ruling was 8-0 with Judge Greg Shaw recusing himself.
The argument had been thoroughly rejected by Lee County Circuit Court Judge Jacob A. Walker III in June. Moore’s attorneys had appealed Walker’s ruling to the state’s highest court.
Had the court ruled in favor of the defendant,the case against Moore, and by extension the other members of the legislature reportedly under investigation by the grand jury, would have been void.
The decision effectively quashed rumors that various deals had been made to secure the opposite ruling by the Supreme Court.
Moore was indicted on two counts of perjury and two counts of making false statements, all of which are felony crimes. According to the six page indictment, Moore “knowingly made a materially false, fictitious, or fraudulent statement or representation, in his answer” to the Lee County special grand jury in the two lines of questioning.
Moore’s indictment stems from phone conversations between Moore and his GOP primary opponent, Joshua Pipkin, (which were recorded by Pipkin).
In the tapes Moore states that Speaker Mike Hubbard would kill an incentive program for Enterprise unless Pipkin dropped out of the June election. Moore also said that the Speaker would bring down “holy hell” if Pipkin remained in the race. Pipkin did not bend to the threats but still lost the election to the indicted lawmaker.
Moore’s trial is scheduled for Sept. 15 in the Lee County Circuit Court.