20141027 - Barry Moore Jury Selection

Rep. Barry Moore talks with his wife, Heather Moore and attorney Bill Baxley before jury selection at the Lee County Justice Center in Opelika, Ala., Oct. 27, 2014. (John Walker/Opelika-Auburn News)

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OPELIKA, Alabama --- Rep. Barry Moore took the stand to testify today in his perjury trial in Lee County Circuit Court.

Moore testified that House Speaker Mike Hubbard never threatened to withhold funds from an economic development project in Enterprise.

Later, during cross-examination, Moore conceded that one answer he gave to a grand jury was not true. He attributed that to not remembering an earlier conversation.

Today is the third day of Moore's trial.

Moore, a Republican from Enterprise, is charged with two counts of perjury and two counts of giving false statements to a matter under investigation by the attorney general's office.

Moore is accused of lying when he testified before a special grand jury in Lee County that was investigating Hubbard.

Moore testified before the grand jury in January and was asked whether he had knowledge of Hubbard threatening to oppose funding a project in Enterprise unless his opponent in the Republican primary, Josh Pipkin, dropped out of the race, and about whether he passed the alleged threat on to Pipkin.

Moore answered "no sir" to both questions during his grand jury testimony.

Pipkin had secretly recorded two phone calls with Moore during which an alleged threat from Hubbard is discussed.

Prosecutors say the recordings don't square with Moore's answers to the grand jury. That's the basis of the perjury charges.

But defense lawyers have said Pipkin was the one who brought up the alleged threat by asking Moore "loaded questions" during the recorded phone calls.

On the witness stand this morning, Moore said Hubbard never said he would withhold funds from the Enterprise project. He said Pipkin was the only one he ever heard that from.

Moore testified this morning he attended a meeting in Montgomery in August 2013 about the Enterprise project. He said Hubbard and other officials were there and it was clear there was support for the project moving forward.

Pipkin stayed in the race and Moore defeated him in the primary.

Prosecutor Matt Hart at jury selection of the Barry Moore trial on Oct. 27, 2014 in Opelika, Ala. (John Walker/Auburn-Opelika News)

During cross examination, prosecutor Matt Hart got Moore to admit that part of what he said to the grand jury was not true.

During the grand jury testimony, Moore was asked:

"You've never said to Mr. Pipkin, hey, if you promise to stay out of this race, or words to that effect - if you'll promise to stay out of this race, I'll go back to Speaker Hubbard and tell him that you're out and be sure that he does this economic incentive thing for us?"

Moore answered, "No sir" to that question.

But on one of the recorded phone calls, Moore told Pipkin, "OK, I'll tell him if we get these jobs, you're going to get out."

Moore explained the conflict between the recording and the testimony by saying he did not remember saying that during the phone call.

Prosecutors sought to introduce evidence that Hubbard was helping to pay for Moore's legal defense through campaign contributions.

They said campaign finance reports would show that.

The defense lawyers objected to introducing information about Hubbard's campaign funds paying Moore's legal fees. They said it would be prejudicial to the jury, which was not in the courtroom during the discussion.

Prosecutors dropped their request to introduce the information about legal fees.

This story was updated at 11:50 a.m. with cross examination from Matt Hart.