Both bailiffs said they never heard any of the comments while they were sitting next to the jury during the trial.

Lance Bell, Hubbard’s attorney, said that by making those comments the juror proved she was biased against Hubbard.

“There is no way Mike Hubbard got a fair trial based on what Ms. Campbell just said,” Bell said.

Hubbard was convicted on 12 of 23 felony ethics counts, and prosecutors said the fact that Hubbard was acquitted on 11 counts proves the jury deliberated fairly.

Defense lawyers also argued that the ethics law was misapplied to Hubbard and said former ethics commissioner Jim Sumner should not have been allowed to testify as an expert witness to interpret the law.

Prosecutors argued the Alabama Court of Criminal Appeals has ruled that expert testimony on the ethics law is allowed.

During arguments, Walker asked how the friendship exemption in the ethics law did not apply to Hubbard’s relationship with Jimmy Rane, CEO of Great Southern Wood and a member of Auburn University’s board of trustees.

“Mike Hubbard and Jimmy Rane knew each other since 1984 and were friends before he met his wife Susan,” Baxley said.