AG: Agent tried to undermine Mike Hubbard case

• Howard "Gene" Sisson has appealed his firing by Attorney General Luther Strange
• Special agent accused of helping undermine Mike Hubbard inquiry
• He assisted in "secretly taping" conversation with prosecutor W. Van Davis
• Also accused of %27intentionally losing%27 recorder used in taping

Alabama Attorney General Luther Strange fired a special agent in his office earlier this month, accusing him of attempting to undermine the criminal investigation of House Speaker Mike Hubbard, R-Auburn.

In a May 12 letter, obtained from the Alabama State Personnel Department, Strange accused Howard "Gene" Sisson of trying to assist then-Deputy Attorney General Sonny Reagan — who shared counsel with Hubbard — in undermining the investigation.

Alabama Political Reporter first reported the termination on Friday morning.

The attorney general said Sisson assisted Reagan in "secretly taping" an Aug. 1, 2014, conversation with W. Van Davis, the acting attorney general in charge of the case, about the Lee County grand jury that investigated Hubbard. Strange also accused Sisson of intentionally losing the tape recorder that was used.

"Given your many years of experience as a criminal investigator, you should know that it is a common tactic of criminal defense counsel to accuse the prosecutor of misconduct," the letter stated. "That you would work in concert with others — both within and without the Office — to undermine the work of grand jury constitutes a serious breach of your duty of loyalty to this Office as well as a breach of the trust of your co-workers."

Sisson, a retired Montgomery police officer who worked in the attorney general's office for eight years, has appealed the decision. In letters dated April 20 and May 15, Sisson said he was ordered by the office's chief investigator to assist in the recording.

"Had I not complied, I believe that I would have been insubordinate to a superior and in violation of the state employee personnel code," Sisson wrote.

Sisson also said Matt Hart, the head of the special prosecutions division and the main prosecutor in the Hubbard case, had bullied and threatened him, and accused Hart of using the grand jury to undermine internal complaints into his behavior. Sisson characterized the recording in an April 15 letter to Strange as an attempt to "bring attention to the conduct of Mr. Hart."

"I continue to believe the charges that led to my termination were in retaliation for my efforts as a law enforcement officer to report concerns of criminal conduct to the appropriate authorities when those responsible for investigations of criminal conduct fall outside my duty or ability," Sisson wrote in his May 15 letter to Jackie Graham, director of the Alabama State Personnel Department.

The content or nature of the Aug. 1 recording is not clear from the correspondence, though Strange wrote that Sisson believed that Hart would be on the call. In an Aug. 16 memo to Charla Doucet, the chief of the office's administrative division, Reagan wrote that Davis called him on Aug. 1 to attend a meeting in his Pell City law office "to discuss grand jury matters."

Hubbard's attorneys, using memos written by Reagan, have accused Hart of making prejudicial comments about the speaker and threatening employees.

Strange's termination letter does not explicitly accuse Sisson of sharing the recording with Hubbard or Moore's attorneys. The letter does accuse Sisson of making "disparaging" comments about the investigation and disclosing "confidential information regarding the business of the Office" to a person outside it. Sisson denies the charges.

Mike Lewis, a spokesman for Strange, confirmed Friday that Sisson had left the office but declined further comment.

Sisson worked with Reagan on the office's investigations into gambling, and was a prosecution witness in the trial over bingo machines at VictoryLand. His personnel record shows generally good evaluations of his performance.

Mickey McDermott, a Montgomery attorney representing Sisson, said Friday that the office viewed Sisson as a "poster boy" for its ant-gambling efforts until December of last year.

"As soon as he reports what he considers to be violations in the office, he goes from being the most credible state law enforcement officer used by the attorney general's office to being accused by the attorney general's office of being disloyal, untrustworthy and deceitful," he said.

A hearing on Sisson's appeal has not been set, McDermott said.

Hart and Reagan were involved in a dispute that began in part over office space. Hart subpoenaed Reagan to appear before the Lee County grand jury last August in a move Reagan claimed was retaliation over an internal office complaint he filed against Hart.

Reagan was put on mandatory leave last fall for having "undisclosed communications" with individuals under investigation by the Lee County grand jury and sharing counsel with Hubbard and Rep. Barry Moore, R-Enterprise, who was acquitted last year of perjury charges related to testimony given to the grand jury. Reagan resigned later that year.

Strange's termination letter also dismissed Sisson's argument that he was following orders, saying the office had specific prohibitions against secret recordings of co-workers without their knowledge, and that the chief investigator "had no authority to suspend the Office polices that were implemented by me."

The attorney general also said the recording device used was not returned, and that he concluded "your failure to produce the digital recorder and its contents are intentional." Sisson said the recorder was not in his control and that "it was not stolen from me or by me."

Hubbard was indicted last October on 23 counts of using public office for personal gain. The speaker has maintained his innocence. His trial is scheduled to begin in the fall.