AL: County Commissioner Suspect in Realtor's Murder;Stephen Nodine murder trial [Archive]

ChaCha

05-20-2010, 10:00 AM

There is a lot of press on this in the area. Steve Nodine has friends in high places. He's not yet been charged with Angel Downs murder but is the only suspect.

The Mobile County Commissioner seems to have had a checkered past. Allegedly a pot smoking, lortab taking, womanizer with a bad temper. Accused of misuse of funds and vehicle. He's been impeached and arrested on the drug charges. He's out on bail.

Seems many knew about his escapades but did nothing. Is he getting special treatment now?
http://www.wkrg.com/financial/article/steve-nodine-overview/887109/May-15-2010_12-52-pm/

No murder charges yet. Angel Downs was a heart desease survivor and it is rumored she had been trying to end their relationship.

His longtime mistress was found shot in her head and Steve Nodine was seen driving away.
http://blog.al.com/live/2010/05/angel_downs_stephen_nodine_see.html
(http://blog.al.com/live/2010/05/angel_downs_stephen_nodine_see.html)

His wife has filed for a divorce. http://www.wkrg.com/alabama/article/steve-nodines-wife-files-for-divorce/887557/May-17-2010_5-41-pm/

It's rumored there was another woman in Steve's past who met an untimely death - a questionable suicide. This is when he lived in Jupiter, FL about 15 yrs ago.

It's an interesting story and WKRG Reporter Jessica Taloney is on top of it.

Stephen Daniel Nodine job description http://www.mobilecountyal.gov/Default.asp?ID=149&pg=Stephen+Nodine

Here's what some of his buddies are saying now:
http://open.salon.com/blog/kevin_lee/2010/05/12/political_leader_scrutinized_in_seamy_oj-style_death

http://open.salon.com/blog/kevin_lee/2010/05/15/ethics_drugs_and_murder_charges_pile_on_politico

Shane McBryde (old radio buddy - who is now sober and drug-free):
How I Became Friends with a Suspected Murderer
http://www.associatedcontent.com/article/3004834/steve_nodine_and_me_pg3.html?cat=7

Why is a Suspected Murderer and Known Absuer of the Public Trust Still Not Behind Bars?
http://www.associatedcontent.com/article/3015196/steve_nodine_a_man_who_knows_too_much.html?cat=8

Finger Pointing and Backbiting Continue Over Who Bares the Heaviest Burden of Steve Nodine's Success
http://www.associatedcontent.com/article/3019332/as_the_nodine_saga_drags_on_a_plea.html?cat=9

Lagniappe:
Was the Press Complicit?
http://www.lagniappemobile.com/articles/3412-was-the-press-complicit

Rob Holbert
http://www.lagniappemobile.com/articles/3429-blowing-our-own-horn
Nodine frenzy and the media clipped for length
Just when you thought it was safe to go back in the water following the Herman Thomas debacle, here comes the arrest of Mobile County Commissioner Steve Nodine on drug and ethical charges, and the announcement he is the lone suspect in the murder of Angel Downs, his longtime girlfriend.

Now one of the things media folks like me and others I know are being asked is how Nodine’s behavior went undetected by the press for so long. The only answer I have is, that I’m not entirely sure. All of the sudden after his arrest, we’ve got records showing reimbursements for lavish meals, stories of him losing his vehicle for days after Mardi Gras and regular drunken behavior.

Now, I have never spent any time socially with Nodine — sorry those who think we’re buddies, but I’ve never so much as had a beer with the guy — but the stories from people I know well about him showing up in local bars with his girlfriend, despite being married, are many. But is it the press’ job to report on any public official who steps outside the marital boundaries? I hope not. It’s not something I think many of us wish to police.

But things like losing his truck and showing up at the BP Oil Command Center wasted and belligerent seem difficult to believe they could be kept quiet.

Now that we have his phone records for the past several months, it is clear Nodine was fond of calling several members of the media to blabber about any number of things. As one of those who occasionally listened to him on the phone — I say “listen” because it was seldom a two-way conversation — I can report that most of the time he seemed to be trying to lead me into doing some story he thought “we” needed to do. I doubt there were many times “we” agreed on any of his story ideas, though.

Mostly I just thought he was blowing off steam and rambling. However, since pot was found in his county-issued truck at the end of last year, his calls have become more angry and pointed at revealing others’ foibles (or worse). He didn’t really offer evidence of what he alleged, but often railed against people for messing with him. Those who were going to pay included everyone from the governor to the Chamber of Commerce, who he threatened in the last call I took from him on the day before Downs died.

Many times I simply didn’t answer his calls because I found it difficult to get him off the phone. But sometimes I felt he might say something useful. I’m sure the same is true for most media folks he called. I know he also liked to say he was close friends with all manner of media people — several of whom, like me, rarely if ever did anything with him socially. One of those is Chris Smith aka “Uncle Henry,” who had Nodine on his show many times and watched as Nodine built his political “empire” through his constant agitation to be in print or on the radio or TV.

Now Smith/Uncle Henry are taking a lot of heat for the “close” relationship with Nodine, including from the guy who probably helped Nodine the most — former radio host Shane McBryde. McBryde has written a highly questionable piece on a website detailing his and Nodine’s alleged love of chasing women and smoking weed, but also trying to throw Smith under the bus with them.

I first met Nodine while going on McBryde’s show, when he used to let “The Hammer” come in and blabber, while McBryde would just lay back and do nothing. I finally stopped going on the show because McBryde seemed so lazy and Nodine so overbearing. McBryde has since had several bad job endings in Mobile and other cities, so he’s a sketchy source at best.

Still, I did think Nodine was doing a fairly good job in office. It seems I may have been very wrong, and I think it’s up to all of us in the media to find out just how wrong we may have been and how this stuff got swept under the rug and who has the broom. It’s probably going to get uglier as we go along.

noZme

05-20-2010, 03:10 PM

ChaCha, thanks for the new links.... This is an nteresting case (although most assuredly the murder has been already solved). Nodine really is a teflon man, it's incredulous he was not detained.... no telling what political corruption will surface. And why the heck has the national media ignored such a juicy story?

ChaCha

05-21-2010, 07:08 AM

Two Cases of Murder

Mobile Alabama is my home and one I’ve cherished. The children here are taught to answer, “yes ma’am or yes sir” and southern hospitality is practiced along with football, going to church, fishing’ and hunting’.

Recently two men allegedly hunted down and killed their intimate partners. Both stories are as black and evil as any story you will hear on the national news. But they contrast in the fact that one man is behind bars and the other is free.

Why the preferential treatment? Could it be because he’s an elected official, with friends in high places?

Murder #1

9293
Angel Downs Age 45 – murdered May 9. 2010

Angel Downs Murder Investigation - Commissioner Steve Nodine - Only Suspect
The night of May 9th was the night Realtor Angel Downs was found shot in (http://blog.al.com/live/2010/05/angel_downs_stephen_nodine_see.html) the head in her front yard in Gulf Shores, AL. Steve (http://www.mobilecountyal.gov/Default.asp?ID=149&pg=Stephen+Nodine) Nodine was seen leaving the scene, in his county provided pickup truck, by neighbors who heard shots fired. Angel Downs was Steve Nodines’s mistress and she was trying to end their longtime rocky relationship. There are many inconsistencies in (http://www.wkrg.com/alabama/article/nodine-a-no-show-at-commission-meeting/885508/May-10-2010_9-33-pm/) his story as well as (http://www.wkrg.com/alabama/article/blood-found-on-nodines-county-truck/888201/May-19-2010_6-37-pm/) very suspicious behavior. Angel Downs family insists she was not suicidal in case that becomes a defense ploy. The DA says Mr. Nodine is the “one and only suspect.”

Mobile County Commissioner Stephen Nodine seems to have had a checkered and (http://spectator.org/archives/2008/07/10/you-can-go-home-again) colorful past. He’s known as a (http://www.associatedcontent.com/article/3004834/steve_nodine_and_me.html?cat=7) pot smoking, pill popping, womanizer with a history of domestic violence and now the lone suspect in a murder..

Nodine is accused of multiple misuses of funds and misuse of a county vehicle. The Grand Jury impeached and (http://blog.al.com/live/2010/05/nodine_denies_impeachment_char.html) arrested him (http://www.wkrg.com/alabama/article/nodine-expected-to-face-ethics-charges/886786/May-14-2010_11-32-pm/), though he’s currently out on bail. His wife filed for (http://www.wkrg.com/alabama/article/steve-nodines-wife-files-for-divorce/887557/May-17-2010_5-41-pm/) divorce the day after he was arrested. Has he (http://open.salon.com/blog/kevin_lee/2010/05/12/political_leader_scrutinized_in_seamy_oj-style_death) been getting special treatment? Many say he has and has to STOP!!

How did he get away with loosing a county truck, escaped domestic violence charges, a D.U.I. related wreck in New Orleans and purchased 2500 pain pills without any of it reported in the press. Seems many knew about his (http://www.wkrg.com/alabama/article/peyton-report-who-knew-about-steve-nodines-troubles/887244/May-15-2010_6-56-pm/) escapades but (http://www.lagniappemobile.com/articles/3412-was-the-press-complicit) did nothing to (http://blog.al.com/live/2009/12/mobile_county_commissioner_ste_2.html) stop him.

Now Angel Downs is dead. I hope those who looked the other way find their conscience and come forward with any and all information they possess. The irony is this man actually ran on family values?

Nodine, a surprise visitor at a recent prayer group asked for (http://blog.al.com/live/2010/05/john_tyson_jr_delivers_prayer.html) a prayer which was led by current DA John Tyson Jr, The episode stunned the group, the pastor said. "We were in disbelief at what had just happened,". Nodine says "God will God will show the way and have mercy on everyone.”

Murder and politic’s shouldn’t mix but there’s a DA race going on (http://www.wkrg.com/alabama/article/da-race-heats-up-with-nodine/887906/May-18-2010_6-50-pm/) right now with Nodine’s Atty Mark Erwin running against Ashly Rich. Rich says about her opponent "His real job for the past 5 years has been working as a lawyer for Steve Nodine at the Mobile County Commission where last year alone he was paid over $250,000." Erwin went to (http://www.wkrg.com/alabama/article/nodine-denies-impeachment-allegations/888490/May-20-2010_12-38-pm/) Nodine’s house the day after Angel Downs was murdered to remove 2 guns ostensibly out of concern for his family and Nodine.

Evidence includes blood, bullets and maybe even surveillance video. I’m not the only one in Mobile asking, “Why hasn’t he been arrested for murder?” I’m praying for justice for Angel Dow

92949295
Mobile County Commissioner Stephen Daniel Nodine age 46

Read Articles and documents in on going case LINK (http://blog.al.com/pr/2010/05/nodine.html)

Murder #2
Just 2 days later on May 11th, Tuesday night about 7pm my granddaughter ran to tell me to turn on the TV and the house alarm. Her eyes were wide and scared, “a man just shot his wife in front of 4 kids and he’s on the loose.”

9296
Wendy Sue Stevens age 36 - murdered May 11, 2010

Mother shot to death in front of children
Wendy Sue Stevens (http://wkrg.com/886396) was hunted and shot multiple times by her estranged husband Michael Berry (http://wkrg.com/886396) while she sat at an (http://blog.al.com/live/2010/05/mother_killed_in_front_of_chil.html) ATM at 6:45pm on May 11, 2010. In the car were her (http://www.local15tv.com/news/local/story/UPDATED-Children-Witness-Mothers-Murder-at-RBC/D9Pz5tzPHkqZe3uKc0cpqA.cspx) 4 children ages 3 to (http://murphymilanojournal.blogspot.com/2010/05/wendy-stevens-and-husbands-rage.html) 13. There were witnesses (http://wkrg.com/886114) who said they couldn’t believe what they had seen. The husband then fled and (http://wkrg.com/886163) alluded police for several days. When Police caught him a few hundred yards from the (http://www.wsfa.com/global/story.asp?s=12473470) scene of the crime, they immediately arrested (http://wkrg.com/886511) him and charged him with murder. He was seen that night on TV smart mouthing the cameras. He showed no remorse and pled not guilty to (http://www.fox10tv.com/dpp/news/crime/michael-berry-pleads-not-guilty-of-capital-murder) capital murder.

Wendy did everything an abused woman is supposed to do. Michael Berry was arrested twice for violating the (http://blog.al.com/live/2010/05/man_accused_of_killing_estrang_1.html) protection from abuse order. District Attorney John Tyson Jr said Wendy’s mother had also been threatened by Berry.

Wendy’s only escape was through death. Apparently her life was torture for more than 10 years. The DA's office states they intend to pursue the death penalty.

Ginger, her 11 yr old daughter told LOCAL 15 (http://www.local15tv.com/mostpopular/story/Family-of-Murdered-Mother-Speaks-Out-About-her/N2wYavUBmUOYhKzaBxgxOw.cspx) News that her mother is in a better place. "I'm trying to be happy and know that she's not in pain anymore."Obit (http://obits.al.com/obituaries/mobile/obituary.aspx?n=wendy-sue-stevens&pid=142745974).

In both these cases the women were victims only because they were women and vulnerable to abusive partners. It appears that Mr. Berry’s case is being pursued with all diligence we certainly hope that Angel Downs murderer receives the same level of justice.

9297
Michael Berry 43 yrs old

ChaCha

05-22-2010, 10:17 AM

Grand Jury Convenes in 72 hrs http://www.fox10tv.com/dpp/news/grand-jury-to-convene-in-downs-murder

Guess how much money Nodine makes a month? $6,666.66

He's moved in down by the Dog River with his friend and co-commissioner Mike Dean.

noZme

05-22-2010, 11:04 PM

5-20 http://www.fox10tv.com/dpp/news/commissioners-break-silence-on-nodine (http://www.fox10tv.com/dpp/news/commissioners-break-silence-on-nodine)
While Steve Nodine deals with his legal troubles, the other two Mobile County Comissioners are trying to deal with the fallout. Both Merceria Ludgood and Mike Dean had been silent on the impeachment charges including using his county issued truck for personal reasons and purchasing alcohol, food, and fuel with his county issued credit card. issue. At the Mobile County pre-commission meeting, Commissioners Ludgood and Dean finally broke their silence. "Our process is when we submit, they have what I call an assumption of legitimacy. We have not had any reason to believe otherwise except within the content of the indictments. The question as to whether they're legitimate will be answered in courts," Ludgood said.../snip/.." He is cloaked with the presumption of innocence and that's what we operate on."

John Pafenbach, county administrator refused to answer questions earlier this week about Nodine's spending habits.

Ludgood said she has briefly spoken to Nodine while Dean said he hasn't spoken with the commissioner since the charges were handed up.

NOTE: ChaCha's post aboves states he is living with friend & co-commissioner Mike Dean.

It is noZme's opinion that a lot more is about to come to light; the good ol' boy network is alive & well in Alabama politics; & the citizenry should "clean house".

To ChaCha: $80K salary would be a deal IF SN worked as hard at his duties for the county as he apparently worked on monkey business. But, figuring in his "expenses", not so much, huh? About murder #2, prayers for Ms Stevens' children. I hope they put the dirtbag under the jail.

My question- What did she see in him? Downs was a pretty woman with a reported thriving career, he is---- ewwwww, not to mention married. Was she trying to dump him & the ego couldn't deal with rejection? Ummmm,"allegedly".

5-20 http://www.fox10tv.com/dpp/news/steve-nodines-attorney-speaks-out
Attorney: Nodine had nothing to with Downs death

Neighbors have stated they saw Stephen Nodine's county-issued truck leave the scene that night, but Nodine's attorney Dennis Knizley says that doesn't mean his client did a thing. Knizley said to wait for all the facts.
"They heard a shot and saw Mr. Nodine leaving," said Knizley. "Have we put all the facts together? I think that's critical. You're going to see during the case, but we're gonna find out what the facts are, as to when the gun shot was fired and who was where."

5-20 http://www.fox10tv.com/dpp/news/camera-hard-drive-given-to-authorities

Camera hard drive given to authorities
BAY MINETTE, Alabama (WALA) - The Baldwin County Sheriff's Office commented on the camera system seized at Downs' condominium complex. The day after the shooting, neighbors told FOX10 News the cameras were not working. But this week, Sheriff Huey Hoss Mack said those cameras were working.

Right now, the hard drive is in the possession of the Baldwin County Sheriff's Office.
Investigators confirm that there is video, but they are not saying whether Angel Downs' death was recorded.

Investigators have said all along that Nodine is their number one suspect in the case. As of right now though, Nodine has not been charged with any crime in Baldwin County.

ChaCha

05-25-2010, 04:11 PM

This is what I know http://www.wkrg.com/alabama/article/nodine-scrambling-for-bond/890125/May-25-2010_2-20-pm/

Nodine is scrambling for bond. Early this AM owner of The Spot of Tea talked about being Nodines best friend.

I know someone who lives right by Mike Dean and they said before Nodine was arrested that's where he was staying. (It's just hearsay)

Last night he spent the night in jail http://www.wkrg.com/alabama/article/nodine-spending-the-night-in-jail/890013/May-25-2010_12-50-am/

Here's AL.com take http://blog.al.com/live/2010/05/stephen_nodine_charged_with_mu.html

I also updated a post at Time's Up http://timesupblog.blogspot.com/2010/05/two-cases-of-murder-mobile-al.html it has lots of links to the whole story

What did Angel see in Steve? He is very charismatic and a master manipulator. Just look at how he conducted business. I can't believe this guy ran on family values.

I heard a rumor this isn't the 1st time he's had a mistress die on him. 15 years ago in West Palm Beach. Anyone know how to check on this? Steve worked for a radio station and was Pres of Jaycees.

I also read Angel Downs had lived a very sheltered life prior to her 30's. She had heart and kidney disease and medication finally got it under control in her 30's. It's when it's said she began to live life.

kbl8201

05-25-2010, 04:19 PM

Not that it's a surprise to find out a politician is a low life, this one seems particularly low.

BTW,

Steve up and ran for county commissioner. His opponent in that race, the long time incumbent Freeman Jockish, was indicted on charges related to some sort of shenanigans and ultimately Nodine won that election too.

Freeman Jockish?! People were surprised he turned out to be a d--k? http://www.freesmileys.org/smileys/smiley-shocked028.gif (http://www.freesmileys.org/smileys.php)

omg lmao....

what about milton bradley (baseball player) 'hey chutes and ladders hows it going?"

ChaCha

05-26-2010, 08:00 AM

Tony Moore of Spot of Tea and Club Insanity in downtown Mobile, AL talks about his friend Steve Nodine.

Tony says Steve was staying with him prior to going to jail. The video shows Mr Moore missing a tooth.

http://www.local15tv.com/news/local/story/EXCLUSIVE-Nodines-Friend-Talks-About-Investigation/MoJIDfMM30SWI0qND1EVaA.cspx?rss=217

Past Domestic Violence cahregs from West Palm Beach. Nodine struck ex-girlfriend numerous times on the legs in 1987. http://www.local15tv.com/news/local/story/LOCAL-15-News-Uncovers-Domestic-Call-for/qQChwkdxZUSS7N298WPbxw.cspx

And fellow Commissioner Mike Dean speaks out. http://www.local15tv.com/news/local/story/Fellow-Mobile-Co-Commissioner-Speaks-Out/6Bz1k7vXu0epr_SaFDRDmw.cspx

West Palm Beach Post Article http://www.palmbeachpost.com/news/state/alabama-official-charged-with-murder-active-in-palm-708840.html

Sheriff believes death of Angel Downs resulted from ongoing domestic violence http://blog.al.com/live/2010/05/sheriff_believes_death_of_ange.html

ChaCha

05-27-2010, 08:12 AM

Reporter Kevin Lee's Blog has many Steve Nodine stories. Kevin is a very good writer, not your typical news stories. http://open.salon.com/blog/kevin_lee

Kevin writes for the Lagniappe: The Hammer Dons Stripes in the Slammer (http://www.lagniappemobile.com/articles/3452-the-hammer-dons-stripes-in-the-slammer)

Video: Stephen Nodine remains jailed; Angel Downs' ex-husband speaks (http://videos.al.com/mobile-press-register/2010/05/stephen_nodine_hearing_ex-husb.html)

ChaCha

05-27-2010, 11:01 AM

Old Radio friend Daniel McBryde talks about case Murder case against Mobile County Commissioner Steve Nodine continues to build (http://www.examiner.com/x-50815-Mobile-Political-Buzz-Examiner%7Ey2010m5d26-Murder-case-against-Mobile-County-Commissioner-Steve-Nodine-continues-to-build)take a look at some of his other posts on Nodine. He's quite forth coming about drug activity.

Bail burden keeps Nodine behind bars (http://www.fox10tv.com/dpp/news/bail-burden-keeps-nodine-behind-bars) "Nodine's bond is set at $500,000. Per orders from Baldwin County, $100,000 of that has to be corporate surety, meaning that it has to come from a bail bonding company. The other $400,000 is a property bond, like someone putting up their house."

Crimesider CBS News: Stephen Nodine, Alabama County Commissioner, Charged in Alleged Mistress Angel Downs' Murder (http://www.cbsnews.com/8301-504083_162-20006002-504083.html) This includes some very beautiful photos of Angel Downs and her memorial in Gulf Shores.

ChaCha

05-28-2010, 08:38 AM

Yesterday was a very interesting day.

Different people have been asking Steve Nodine to resign from his County Commissioner job over the last week.

The impeachment was going forward. They asked that Nodine's County Commissioner Atty. Erwin testify. He didn't want to and said he wouldn't answer questions unless a judge told him to - calling client-atty privileges.

Although it was noted he had already told the media all about going to Nodine's home and getting guns. He said Nodine was a basket-case when he and Ross the other County Atty. showed up. The wife was very upset, Nodine was sobbing uncontrollably. Erwin said he took the guns to protect Nodine and his family. (My question was why not let the investigating officers do it? Why didn't they call them?)

The impeachment judge told Erwin he had to testify and then all of a sudden Erwin calls for Nodine to resign and Nodine's lawyer Dennis Knizley walks across the room and hands in Nodines resignation. Then the other Commissioner, Mike Dean calls for Erwin's resignation stating Erwin only worked for Nodine and was now not needed.

Erwin is up for Republican candidate for DA on Tues. He claims this is all political.

Word is Nodines is still trying to raise bail but will probably sit in jail over the Memorial Day weekend. He sits in the maximum security wing and wears the symbolic black and white striped prison garb depicting his high risk status. Then last night the word was new Federal weapons charges are being brought against Nodine.

I believe Nodine is a huge suicide risk, his whole persona has been built on his political life and I believe he is a person who has low esteem who relied on control, pills, women and power to make himself feel good. I would be very leery letting this man out of jail.

I also question the impeachment charges just being dropped. Isn't a crime a crime? Shouldn't Nodine still be charged?

And Fox10 News has begun a series looking into Steve Nodine's Not So Secret Life
(http://www.fox10tv.com/dpp/news/special_reports/nodines-not-so-secret-life)
Erwin Calls For Nodine’s Resignation (http://www.wkrg.com/alabama/article/erwin-calls-for-nodines-resignation/890751/May-27-2010_12-49-pm/)

Nodine In Maximum Security Wing (http://www.wkrg.com/alabama/article/nodine-in-maximum-security-wing/890903/May-27-2010_6-51-pm/)

Stephen Nodine resigns from Mobile County Commission; now faces federal weapons charge (http://blog.al.com/live/2010/05/stephen_nodine_resigns_from_mo_1.html)

ChaCha

05-28-2010, 01:19 PM

Why wouldn't Gulf Shore's DA Judy Newcomb want to search Nodine's home for letters or computer, emails, searches, etc?

We've got one of the best computer and cell investigators in the US in Spanish Fort. Gus Dimitrelos, Alabama Computer Forensics Laboratory, Former Secret Service Agent. 251-625-0292 http://www.alcfl.org/

I'm also willing to bet there maybe even more federal charges if they took a look at his computer.

Nodine not getting out of jail (http://www.wkrg.com/alabama/article/nodine-not-getting-out-of-jail/891126/May-28-2010_10-48-am/) US Marshalls has a Federal hold on him

ChaCha

05-28-2010, 04:07 PM

A comment from story on WKRG (http://www.wkrg.com/alabama/article/nodine-not-getting-out-of-jail/891126/May-28-2010_2-27-pm/):
Yes actually their were reports that it was her own weapon which was left at the scene that killed her…No doubt to try to make it look like a suicide. I do believe this was planned ahead of time…so makes sense that he wouldn’t use his own or County weapon. Her friends reported that she found him cleaning her gun prior to her killing and it made her uneasy…Suppose he held on to it as I doubt if she felt that threatened by him that she would have met him outside with her gun just in case…was probably the excuse to stop by and sure hope it was a text he sent her regarding that….

Taloney Tweets (http://twitter.com/jessica_taloney) Fri May 28, 2010
• Nodine's attorney wants bond reduced from $500,000 to $50,000
• Nodine requests a bond reduction. Hearing scheduled for 11am Tuesday

ChaCha

05-28-2010, 04:15 PM

YouTube- Broadcast Yourself.

Playlist of various News Coverage on Angel Downs Investigation

ChaCha

05-29-2010, 10:08 AM

Murder and the Politician (http://womenincrimeink.blogspot.com/2010/05/murder-and-politician.html) Friday, May 28, 2010 by Diane Fanning True Crime Author at Womenincrimeink.com

Editorial: A matter of Rich's record and Erwin's poor judgment (http://blog.al.com/press-register-commentary/2010/05/editorial_a_matter_of_richs_record_and_erwins_poor _judgment.html) By Press-Register Editorial Board May 29, 2010, 5:03AM

Feds may keep Stephen Nodine in jail even if he makes bail (http://blog.al.com/live/2010/05/feds_may_keep_nodine_in_jail_e.html) By Robert McClendon May 29, 2010, 5:25AM

Nodine indicted on federal gun charges (http://www.fox10tv.com/dpp/news/local_news/mobile_county/nodine-indicted-on-federal-gun-charges) Friday, 28 May 2010, 6:00 PM CDT April Douglas

Nodine Detained on Federal Gun Charge (http://www.local15tv.com/news/local/story/Nodine-Detained-on-Federal-Gun-Charge/hrPYR2AfhE62CBpAcStnbw.cspx) 5/28 6:10 pm by: Andrea Ramey Local15tv.com NBC

Comment from WKRG: weathergirl Says: Fri, May 28, 2010 at 7:04 pm
If my memory serves me correctly, Angel had filed like 9 restraining orders against Nodine with the most recent being 6 months before she was killed. Officers were called and were present in some instances during his domestic rages but did not arrest him. I, too, hope he rots.

Nodine Requests Bond Reduction (http://wkrg.com/891178) by Jessica Taloney Published: Fri, May 28, 2010 - 3:10 pm CST

* Stephen Nodine's gun charge linked to alleged drug use (http://blog.al.com/live/2010/05/nodines_gun_charge_linked_to_a.html) By Robert McClendon May 28, 2010, 10:34AM

* Includes pdf of actual court doc

I've attached a pdf of the Mobile County page for Steve Nodine. (They've already removed) Take a look at hist Vita - he states he was a media consultant but the West Palm Beach Post says he was in sales. I wonder if anything else is padded?

Blondie in Spokane

05-29-2010, 10:09 AM

Cha Cha....thanks for all of the info and links on this very interesting case!

ChaCha

05-29-2010, 10:17 AM

Cha Cha....thanks for all of the info and links on this very interesting case!

Thanks Blonde - I'm hoping for national media to pick it up. I beleive there maybe other victims. And hopefully more criminal charges coming Nodine's way.

ChaCha

05-29-2010, 11:15 AM

View (http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=5107397&index=0&file_num=19920112471) NODINE STEPHEN D (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) NODINE CLAIRE LOUIS (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)04/15/1992 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)JUD (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)7202 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)1551 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) 19920112471 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)

View (http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=5808442&index=1&file_num=19900037684) NODINE STEPHEN DANIEL (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)LENGLE CLAIRE LOUISE (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)02/07/1990 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)MAR (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)634 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)1234 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)19900037684 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)

View (http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=3991091&index=2&file_num=19880182397) NODINE STEPHEN (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)WOOBRIGHT CORP DBA (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)07/06/1988 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)JUD (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)5728 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) 701 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) 19880182397 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) MC 88 8899 RJ CNTY (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)

View (http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=3871408&index=3&file_num=19880063415)NODINE STEPHEN DANIEL (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)FLORIDA AIRCRAFT FED CR UN (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)03/09/1988 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)JUD C (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) 5598 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)1026 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)19880063415 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)MC 87 17784 RJ CNTY (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)

View (http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=3858281&index=4&file_num=19880050360) NODINE STEPHEN DANIEL (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)FLORIDA AIRCRAFT FED CR UN (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)02/26/1988 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)JUD (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)5584 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100) 1857 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)19880050360 (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)MS 87 017784 RJ CNTY (http://oris.co.palm-beach.fl.us/or_web1/new_sch.asp?search_entry=nodine+stephen&search_by=Name&PageNumber=1&OrderBy=rec_date&Accending=DESC&FromDate=&ToDate=&filter_string=&filter_by=&PageSize=20&RecSetSize=100)

ChaCha

05-29-2010, 02:58 PM

http://www.fox10tv.com/dpp/news/crime/mark-erwin-talks-Steve-nodine-with-bob-grip

Interesting interview with Nodine's Atty Mark Erwin. He and Atty Ross both confiscated guns from Nodine's house the day after Angela Downs was murdered.

ChaCha

05-30-2010, 01:52 PM

Nodine Friend Speaks Out (http://www.wkrg.com/alabama/article/nodine-friend-speaks-out/891440/May-29-2010_11-15-pm/) by Mel Showers/WKRG Staff Published: Sat, May 29, 2010 - 10:49 pm CST

MOBILE, Alabama - Mickey Dearmon says the Steve Nodine he knows is simply not capable of murder.

Dearmon put up Nodine in his home before the former Mobile County Commissioner was booked into the Baldwin County Jail, charged with the murder of Angel Downs.

Dearmon says he and others are working to raise the bail necessary to get Nodine out of jail.

But even if Nodine is able to bond out on the murder charge, he'll remain behind bars.

The U.S. Marshals Service has a hold on Nodine on a firearms charge, so he will have to face a federal judge before he can be released.

Search for Clues in Case [/URL]Angel Downs case: Lack of equipment, concerns over accuracy prevent gunshot residue tests in Alabama By [URL="http://blog.al.com/live/2010/05/angel_downs_murder_ack_of_equi.html"] Brendan Kirby Press Register May 30, 2010 (http://blog.al.com/live/top_stories/index.html)

May 30, 2010, 7:08AM

ChaCha

05-30-2010, 02:26 PM

Why is it that none of us said anything (http://blog.al.com/press-register-commentary/2010/05/why_is_it_that_none_of_us_said_anything.html)? By Frances Coleman May 30, 2010, 5:59AM

I agree with Ms Coleman and I'd like to also ask a few specific questions about Mr. Nodine. I am confused by what Mr Nodine says are his accomplishments. To put it bluntly they're very vague and I believe very exaggerated. For example he has often bragged he was a personal friend and Aide of Alexander Haig - who just passed away this Feb. Here's what was said by Nodine about himself: (my remarks are in red)

Nodine personal description of self accomplishments
Graduated in 1981 then joined the US Army where I went to school and still serve as a consultant in the Nuclear, Biological and Chemical Field (HazMat?) After serving my country in West Germany and Central America during the Cold War I started working as a governmental relations officer working with cities and counties throughout the state of Florida. (Jaycee?) I then worked for former Secretary of State Alexander Haig (6 months?) and then worked with the Bush-Quayle Campaign of 1988. In 1990 I help start Connors Nursery which help serve children abused and children with the AIDs virus. (Volunteer positions) I moved to Alabama in 1992 and love it!

Previous Domestic Violence
Nodine’s ex-girlfriends accused him of harassment and assault in April 1987 with the Palm Beach County Sheriff's Office. Palm Beach County sheriff's deputies responded to a neighbor's complaint of screaming from an apartment in unincorporated West Palm Beach. According to a sheriff's report, an ex-girlfriend complained that Nodine had entered her apartment by cutting a porch screen and was waiting for her when she came home at 1:30 a.m.

The woman claimed Nodine "struck her several times on the legs." She did not want to press charges, according to the report, "but she stated that she just wanted him out and for him not to return to residence." "The victim and the suspect had broken up approximately four months prior to this incident happening and from that time on, he had been harassing her," Public Information Officer Teri Barbera said.

Three month after the report was filed, Nodine was honorably discharged from the Florida Army National Guard.

This would have been around the time he was supposedly working for his mentor Haig. He was also evicted from his apt.

Below is from the Mobile County Commissioner page:
Nodine Remembers Friend, Mentor in Haig (http://www.mobilecountyal.gov/Default.asp?ID=137&pg=News&action=view&nid=122) February 22, 2010
Mobile County Commissioner Stephen Nodine called former Secretary of State and retired Army Gen. Alexander Haig a dear friend, hero, mentor, and father figure after news broke early Saturday that he had died at the age of 85.

Nodine served as the advance coordinator for Haig during his 1987-1988 presidential campaign through New Hampshire, Michigan and Florida. He had known Gen. Haig as a family friend and started up a lively correspondence with the general in 1982. At that time, Nodine was an Army private stationed in Germany. Nodine carried on a correspondence with the Haig family ever since. (Haig was out by Feb 1988 before the New Hampshire primary)

“He was not gruff, but really down to earth, compassionate, very humorous and a he really had a pulse of the common man,” Nodine said. “I learned so much from him, especially on foreign policy.”

Gen. Haig had a hand in helping Nodine in his political efforts in Mobile. When Nodine found himself in a runoff for a Mobile City Council seat against Charles Waller in 2001, Gen. Haig sent a letter on Nodine’s behalf to all 7th District constituents. Nodine won the race with 2,800 votes to Waller’s 1,900. The victory launched Nodine’s political career.

I’d very much like to see a copy of this letter and ask if it was verified authentic? This is the same time he got evicted from his apt and domestic violence report came out.

“I’ve known the Haig family since 1983 and traveled extensively with them through the presidential primary,” said Nodine. “Alexander Haig was a great man who gave his all to a country he loved. We are better off as a nation and a people for the many efforts he made during his years in public service.”

Mr Nodine has been purposely vague on when, where and what he did before coming to Mobile. No Corporate environment would accept this as remotely resembling a Vita. Why does no one do background checks on politicians.

Education

Attended 1978 - 1981 Palm Beach Gardens High School Graduated Class of 1981 age 18

Completion of County Commission Continued Education Courses, Auburn University (Workshop?)

Continued Education Coursework, Auburn University (What and when?)
Monterey Peninsula College (Community College - When was he in CA? 1 class?)

City College of Chicago (When was he in Chicago? 1 class?)

Honorary Bachelor's Degree, Remington College (From a career college goes under honors not education - unless you don’t have anything to put in education)

Accepted to the Naval Post Graduate School, Homeland Security, Monterey, CA (Accepted means he never attended and means no documentation. My husband was accepted to Yale but he never put on a resume.)

Professional Background (Not to be confused with real employment)

External Affairs/Governmental Relations Officer, Metropolitan Systems (A group that places park benches at bus stops-which he has placed a fancy title in front of)

Political and Media Consultant, NBC, Mobile (He was a frequent guest on Uncle Show and McBryde Radio show)

Media Consultant – WRMF/WJNO News Talk Radio, West Palm Beach, FL (Salesman selling airtime, how long did he do this full or part time? Did he actually make a salary or commission job? How long?)

Advance Coordinator – Former Secretary of State General Alexander Haig, Jr.

Nuclear, Biological and Chemical Training Non-Commissioned Officer, Florida Army National Guard (Trained to do Hazmat cleanup?)

Active Duty and Training Coordinator, 7th Infantry Division (Light Infantry), United States Army ( 6 yr military career)

Chief elected officer of Mobile Works

Member of the Planning and Zoning Commission, 2001-2003

Political Background
Elected to Mobile City Council, 2001

Insurance Committee Chairperson, 2001-2004

Public Safety Committee, 2001-2004

Appointed to Mobile County Commission on July 2, 2004

Elected to County Commission District 2 on Nov. 2, 2004

Re-elected to County Commission District 2 on Nov. 4, 2008

Economic, Cultural, and Civic Development Committee

Served on Alabama Sentencing Commission, 2004-2008 (I found this to be ironic)

ChaCha

05-30-2010, 04:29 PM

Obituary Listing (http://obit.mcculloughfh.com/obitdisplay.html?id=785209&clientid=mcculloughfh&listing=All)

Legacy (http://www.legacy.com/obituaries/macon/obituary.aspx?n=angel-katherine-hinckley-downs&pid=142719097)

Angel Katherine Downs

Born in Whitman AFB, MO on Dec. 21, 1964
Departed on May 9, 2010 and resided in Gulf Shores, AL. http://obit.mcculloughfh.com/clients/default/graphics/spacer.gif Visitation: No Visitation Service: Saturday, May 15, 2010 (http://obit.mcculloughfh.com/svf_card.cgi?type=Ser&id=2453899&clientid=mcculloughfh&listing=All) Please click on the links above for locations, times, maps, and directions.
http://www.funeralnames.com/graphics/newguestbook.gif (http://obit.mcculloughfh.com/wrapper_gb.php?id=785209&task=add_form&clientid=mcculloughfh&listing=All) http://www.funeralnames.com/graphics/view_newguestbook.gif (http://obit.mcculloughfh.com/wrapper_gb.php?id=785209&clientid=mcculloughfh&listing=All) Angel K. Downs, 45, entered into rest on Sunday, May 9, 2010.

Ms. Downs was born on December 21, 1964, at Whitman Air Force Base, Missouri. She was a broker at Benchmark Homes Realty in Alabama.

Her memory will forever be treasured by her parents, John Hinckley and Thelma Hinckley; brother, David Hinckley; sisters, Janice Hurt (Michael), Susan Bloodworth (Keith), and Melanie White (John); dear friend, Chris Downs; two nieces and three nephews.

Memorial services will be held at 4:00 p.m. on Saturday, May 15, 2010, in the chapel of McCullough Funeral Home, Reverends Chuck Morris and Jerry Walls officiating. In lieu of flowers, the family respectfully suggests memorial donations be made to Southside Baptist Church Missions Fund, 1040 South Houston Lake Road, Warner Robins GA 31088.

GannyP

05-30-2010, 07:54 PM

Wow ChaCha, Great sources! Guess he was part of the South's famous "Good 'Ole Boys" Club to have coasted this long and this far!

MajorJaybird

05-31-2010, 12:01 AM

As a resident of District 2 and lifetime resident of Semmes, Al. I will NOT be helping Mickey raise bail money. Keep him under lock and key!!!

ChaCha

05-31-2010, 07:41 AM

Take a look. I am concerened now that Steve has resigned what happens to the criminal charges included in the impeachment? I hope he doesn't get away with them?

A crime is a crime isn't it?

Documents include:

Divorce
Impeachment
Federal Gun/Drug Charge

ChaCha

05-31-2010, 08:27 AM

Drugs

It’s long been said Steven Nodine has had a drug problem, The Grand Jury indicted Steve for much more. What about criminal charges on drugs, misuse of funds, violation of protection orders, etc? He resigned so what happens now?

1. Stephen Nodine's gun charge linked to alleged drug use (http://blog.al.com/live/2010/05/nodines_gun_charge_linked_to_a.html)by McClendon 5/28/2010

2. Atty: Took months to build Nodine case, Wanted to do the investigation correctly 5/17/2010 (http://www.fox10tv.com/dpp/news/crime/attorney-took-months-to-build-steve-nodine-drug-case)

"Found some marijuana. Found some behind the seat on the passenger side in a pill bottle with his name on it, and found some rolling papers. It was a Lortab, hydrocodone, pill bottle; your basic standard pill bottle. There was also a similar pill bottle that he just had filled the day before that had 100 Lorotabs,"

"Basically over an 11-month period, he got in excess of 2,400 hydrocodones, that's imported from doctors in nine different pharmacies and several states. To construct a possession, we had to put him in exclusive control of the vehicle, so we had to get gas receipts. It's a brand new vehicle, so we had to get the records on the vehicle," Billy added.

Billy said the investigation was lengthy because they wanted to be thorough. He said the past months were very beneficial in his investigation and they uncovered even more that will help come trial time.

Mr. Nodine tested positive for marijuana and opiates in a May 11 drug screening.

3. Nodine faces impeachment over drugs, affair (http://progressivepensacola.com/2010/05/14/7035/); (http://progressivepensacola.com/2010/05/14/7035/)Mobile County Commissioner Stephen Nodine arrested, faces impeachment charges (http://blog.al.com/live/2010/05/grand_jury_brings_impeachment.html)5/14/2010 (http://blog.al.com/live/2010/05/grand_jury_brings_impeachment.html)

Nodine has been accused of:

• Using his county-issued pickup truck for “personal and recreational pursuits” including using the vehicle to conduct “a long term, open and notorious extramarital affair” with Angel Downs. At one point, in 2008, he lost one county truck during Mardi Gras for six days. More recently, Nodine drove a county truck to Don Carlos restaurant in Daphne after drinking beer on the beach and spending the day with Downs, the bill says.

• Asking for county reimbursement for alcohol, fuel and food in New Orleans that were not related to his official duties.

• Committing multiple acts of domestic violence in his extra-marital relationship with Downs, including stalking, harassment, verbal and physical abuse, and threats. During two such incidents, the bill says, Nodine invoked his official position as a commissioner to dissuade Downs from seeking police protection.

• Using fraudulent prescriptions to obtain more than 2,400 hydrocodone pills from at least nine pharmacies in four states between March 2009 and January 2010.

4.Steve Nodine and Me by Shane McBryde (http://www.examiner.com/x-50815-Mobile-Political-Buzz-Examiner%7Ey2010m5d26-Steve-Nodine-and-me)

Nodine’s entrée into the radio station came from his befriending one of the stations disc jockey’s at the time named Chris Smith, who also hosted a show on the cable company’s public access channel as a character Smith created called “Uncle Henry.” Smith, Nodine and I were friends, though we didn’t all hang out together at the same time, in part because we all shared an affinity for three things, radio, politics and marijuana. At some point, and for reason I don’t remember, Nodine and Smith had a falling out.

Nodine had acquired an access key to the radio station and used it one morning to enter the building about five o’clock. He went into the broadcast booth where Smith was hosting the morning show with his partner and proceeded to tell Chris he would, “snap his neck like a twig.”

The other occasion occurred in much the same way. Steve called me at the radio station, this time a little closer to 5 am, my shift ended at 5:30am, and said he had bought a television for his wife Kimberly, for whatever reason she was upset with him at the time and scolded him about something. Nodine related to me he got so mad he threw the television on the floor in front of her, smashing it into pieces.

I must say I knew all along that Steve liked to drink, chase women, and smoke dope.

5. Ethics, drugs and murder charges pile on politico by Kevin Lee 5/16/2010 (http://www.open.salon.com/blog/kevin_lee/2010/05/15/ethics_drugs_and_murder_charges_pile_on_politico)
Nodine’s behavior was obvious to anyone with open eyes. He cultivated a sizable reputation for crassness, arrogance and licentiousness. The group of party friends he had were known for a fondness of cocaine and anything else they could get their hands on.

6. Sheriff: Drugs found in Nodine's truck Commissioner says he offered to take blood test , 12/28/2009 (http://www.fox10tv.com/dpp/news/crime/sheriff-to-issue-statement-on-nodine)

Blondie in Spokane

05-31-2010, 08:41 AM

This guy is absolutely unreal!! And I'm quite sure there's more to come....!!

noZme

06-01-2010, 07:49 AM

Cha Cha, thanks again for the updates & background on this case(s). What a cast of characters!

ChaCha

06-01-2010, 08:47 AM

Very Interesting reading includes:
Angel Downs House search warrant - Ltrs, computer, phones
Telephone Warrant
Nodine Truck Inventory - includes blood swabs and change of clothes
Nodine Warrant
Nodine Indictment - says Nodine intentionally shot Angel Downs

ChaCha

06-01-2010, 09:30 AM

http://www.divshare.com/img/midsize/11556098-db8.jpg
JD Crowe 5/26/10
http://blog.al.com/jdcrowe/2010/05/nodine_1.html
Editorial cartoons and commentary from J.D. Crowe of the Press-Register

Steve Nodine's life and career are being dragged down by his demons.

The Mobile County Commissioner, already awaiting an impeachment trial for fraudulent use of a county vehicle, belligerent behavior and prescription drug abuse, has now been charged with murder in the death of his mistress.

Baldwin County Sheriff Huey "Hoss" Mack says the murder of Angel Downs is the end result of a history of domestic violence.

Nodine's erratic behavior and personal life have been on extraordinary, and now tragic, public display for several weeks. How long have his actions been covered for by colleagues, officials, friends and lawyers? Had Nodine been held accountable sooner, perhaps a life could have been spared.

ChaCha

06-01-2010, 10:06 AM

Cha Cha, thanks again for the updates & background on this case(s). What a cast of characters!

http://www.divshare.com/img/midsize/11556571-ec1.JPG
Steve Nodine's not so secret life Watch Video (http://www.fox10tv.com/dpp/news/special_reports/nodines-not-so-secret-life)

"I totally think Steve was a different person out of work," said Chassity Ebbole.

Ebbole, owner of L.A. Body Art, has known Nodine for years. She remembers one particular night she spent with him.

"This was back in 2003 for the Snoop Dogg concert. And after I tattooed the promoters and we all made contacts, I was invited to the VIP trip to the concert and I took the invitation. And I stepped into the limousine, and there was Steve. And Steve and I knew each other and it didn't surprise me that he was there," Ebbole said.

Ebbole said Steve made himself known, and he never gave much thought to how he came across to others.

"I just remember, Steve had a drink and he was just shucking and jiving and having a good time with everybody," Ebbole explained.

No one seemed to ever question Nodine on his behavior out of work.

"We would see him in the bars, and you know, it's not a secret that Steve liked to drink, that's not a secret at all and he was very much a butterfly. You'd see Steve here and there and there and there. Nobody stopped for one minute to say, 'Hey wait a minute, this is a person within authority within our city council.' Steve had the ability to hang out with the common man, have a blast, then go over to Government Plaza and handle business," Ebbole said.

Nodine also had a love for women, despite the fact that he was married.

"Steve was a flirt, hands down and across the board. Any female out there is going to tell you Steve's a flirt. That's not a shock either; that's common information," added Ebbole.

Watch Cassity, Uncle Henry and Steve Nodine talk about her stripping, posing for Hustler Magazine and Tattoos
http://www.youtube.com/watch?v=BCstXXY5TwY&feature=player_embedded

ChaCha

06-01-2010, 11:45 AM

Angel was one of seven very close friends. At 7:30pm she texted she'd see them at the regular Sun Backyard Barbeque. At 8pm Angel was found murdered. Her friends say she had just told them they were her family on Friday.

http://www.youtube.com/watch?v=BZSecrrpBJs

ChaCha

06-01-2010, 07:44 PM

http://www.divshare.com/img/midsize/11562320-c6b.jpg

Judge Takes Nodine’s Bond “Under Submission” (http://www.wkrg.com/alabama/article/nodines-bond-reduction-denied/892302/Jun-01-2010_3-20-pm/)

WKRG Video and story June 1, 2010

BALDWIN COUNTY (WALA) - Steve Nodine had a bond reduction hearing this morning, however the judge did not make a ruling.
The judge wants to wait for the federal indictment on firearms possession charges to be dealt with before addressing the bond reduction on the murder charge.

Nodine says he wants to spend time with his son. His Pastor and friend spoke on his behalf.

Angel will never get to visit her father or mother again, there will never be any more joyful moments, nor hope and promise of a future.
That’s what I think of when I see Nodine smile smugly.

Steve Nodine, the man, the myth, the murder suspect? (http://www.examiner.com/x-50815-Mobile-Political-Buzz-Examiner%7Ey2010m6d1-Steve-Nodine-the-man-the-myth-the-murder-suspect)

Interesting story by Shane McBryde about Nodine being in charge of a juvenile offenders program while in Atlanta. Of course there's no actual proof of what he tells the Palm Beach Post. His car is also stolen back in 1993.

ChaCha

06-02-2010, 10:18 AM

A Timeline of Nodine’s Legal Troubles (http://www.lagniappemobile.com/articles/3472-a-timeline-of-nodines-legal-troubles) By Kevin Lee

Nodine’s Bond Reduction Put on Hold (http://www.lagniappemobile.com/articles/3483-nodines-bond-reduction-put-on-hold#comments) By Kevin Lee

Senate and DA Races Both Spankings (http://www.lagniappemobile.com/articles/3484-senate-and-da-races-both-spankings) By Ashley Trice and Pete Teske

ChaCha

06-02-2010, 12:05 PM

Full report: Judge decides to wait on Nodine bond reduction request (http://blog.al.com/live/2010/06/full_report_judge_decides_to_w.html) By Kim Lanier

ohiogirl

06-02-2010, 12:36 PM

Thanks so much ChaCha for keeping us updated on this murderer. What a Piece of work. He really should just try to deal his sentence down. it would save everyone from having to testify to what an a****** he is. Thanks again.

ChaCha

06-03-2010, 01:18 PM

The inmate search shows Nodine is still in jail in Baldwin County.
http://www.co.baldwin.al.us/Pageview.asp?edit_id=510

IF AND WHEN HE MEETS HIS BOND ON THE MURDER CHARGE HE IS TO BE RELEASED INTO FEDERAL CUSTODY AND HE WILL HAVE TO MEET A BOND THE THE FEDERAL WEAPONS CHARGE WITH THEM.

http://www.divshare.com/img/11580695-815.jpg
Nodine's friend Mickey Dearmon is posting it. Mikey is the friend who was seen on TV at the bond hearing and prior saying Nodine had stayed with he, his wife and daughters.

Nodine's bond will be paid (http://www.wkrg.com/alabama/article/nodines-bond-will-be-paid/892528/Jun-03-2010_12-03-am/) WKRG

Nodine close to posting $500K bond (http://www.wkrg.com/alabama/article/nodine-close-to-posting-500000-bond/892703/Jun-03-2010_10-15-am/) WKRG Nodine will remain in jail on a federal detainer even after posting bond on the murder charge, but posting the bond gets the ball rolling on his federal proceedings. Nodine’s first appearance in federal court is expected to be scheduled within 24 hours of posting bond. A federal judge will then schedule a detention hearing within three days to decide whether he should be held in jail through his federal trial.

Steve Nodine's Friend Comes Up with Bond Money (http://www.local15tv.com/news/local/story/Steve-Nodines-Friend-Comes-Up-with-Bond-Money/SO1D5ooBaUauQ7oWTpaHWg.cspx) Local 15TV

Mickey was recently in the news because of a problem with one of his daughters and 7 friends. They were arrested and charged with conspiracy to commit criminal mischief.

Naughty Cheerleaders Arrested WKRG (http://www.wkrg.com/alabama/article/naughty_cheerleaders_arrested/19890/Oct-10-2008_6-16-pm/)

ChaCha

06-03-2010, 02:51 PM

Nodine's bond posted by Mickey Dearmon (http://www.fox10tv.com/dpp/news/local_news/baldwin_county/steve-nodines-bond-posted-by-mickey-dearmon)

BAY MINETTE, Alabama (WALA) - Steve Nodine's bond has been posted by long-time friend Mickey Dearmon.

Dearmon said he thought long and hard before putting up the bond.
"That's what friends do. I have talked to Steve every day since he has been in the Baldwin County Jail. When I told him I put up the bond he started crying," said Dearmon.

Dearmon put up his Semmes home, a separate piece of land, and some cash.

Nodine's bond was $500,000.

"There are two sides to every story, and when Nodine gets out you'll hear his side," added Dearmon.

Dearmon said Nodine is facing tremendous legal fees, and can't contact people from jail to help.

"It doesn't work with me calling these people and asking for money," said Dearmon.

Dearmon said he went to a local bank to see about opening a Nodine defense fund.

"The bank said it wasn't interested. I've got six accounts with that bank. I will be pulling all of them," said Dearmon.

Once Nodine is released from the Baldwin County Jail, he is scheduled to appear in federal court.

ChaCha

06-04-2010, 02:46 AM

Breaking News from the Press-Register Update: Sheriff approves bond in Stephen Nodine case, but former commissioner remains jailed, officials say (http://blog.al.com/live/2010/06/judge_reduces_bond_in_nodine_c.html) By Kim Lanier

clipped for length

Circuit Judge Charles Partin reduced the bail for Nodine's bond from $500,000 to $250,000, according to the Baldwin County District Attorney's Office.

Friends and supporters came up with the bail late Wednesday, but ran into problems with the property bond which were later straightened out, according to defense attorney Dennis Knizley.

Nodine remains in the Baldwin County Corrections Center in Bay Minette charged with the May 9 shooting death of his girlfriend, Angel Downs.

Nodine's bond posted by Mickey Dearmon (http://www.fox10tv.com/dpp/news/local_news/baldwin_county/steve-nodines-bond-posted-by-mickey-dearmon), Dearmon put up his own home, land, and cash Fox10News

clipped for length

This horrible picture that has been painted of him You know it is tragic what happened to Ms. Downs but there are two sides to every story," said Dearmon. "You're about to hear both sides."

Nodine's Bond Reduced By Half (http://www.wkrg.com/alabama/article/nodine-close-to-posting-500000-bond/892703/Jun-03-2010_6-42-pm/) WKRG-TV

ohiogirl

06-04-2010, 01:46 PM

Wow, the bank didn't want to have anything to do with the defense fund. Imagine that.
This Dearmon guy is going to regret putting up all his worldly good, imo. I think he is also covering for his daughter and her "friends" about the vandalism. What a guy.

Joe Friday

06-04-2010, 03:10 PM

I would like to hear the rest of the story. This should be a "Whopper". LOL

ChaCha

06-07-2010, 11:19 AM

Feds enter Gulf Coast murder saga (http://open.salon.com/blog/kevin_lee/2010/06/06/feds_enter_gulf_coast_murder_saga) by Kevin Lee June 6, 2010
Kevin is an excellent writer and gives a colorful yet accurate account of this story with many tidbits of unknown information. He's always an entertaining read.

Press Register - Full report: Stephen Nodine pleads not guilty to gun charge (http://blog.al.com/live/2010/06/full_report_stephen_nodine_ple.html) By Brendan Kirby June 05, 2010, 5:18AM

Press Register - Editorial: Mobile County Commission needs ethics reform (http://blog.al.com/press-register-commentary/2010/06/editorial_mobile_county_commission_needs_ethics_re form.html) By Press-Register Editorial Board June 05, 2010, 5:50AM
The comments are always very informative and fun reading.

Steve Nodine Can't Afford Private Lawyers for Federal Case (http://www.local15tv.com/mostpopular/story/Steve-Nodine-Cant-Afford-Private-Lawyers-for/H5a4nXaeHU-xQyTfAUW78g.cspx) Local 15TV by Irika Sargent 6/04 6:17 pm

Nodine Pleads Not Guilty To Federal Charges (http://www.wkrg.com/alabama/article/nodine-faces-federal-judge/893116/Jun-04-2010_3-46-pm/) by Jessica Taloney WKRG

ChaCha

06-08-2010, 01:17 PM

http://www.divshare.com/img/midsize/11642214-2cd.jpg

Breaking News from the Press-Register Businessman who put up bond for Stephen Nodine facing criminal charges (http://blog.al.com/live/2010/06/businessman_who_put_up_bond_fo.html)

Clipped for length:
Norris "Mickey" Dearmon Jr., 37, who has testified on Nodine's behalf and volunteered to take him in if he's released from jail, pleaded guilty to several misdemeanors as a young man, according to the records, and was arrested in March, accused of threatening a volunteer firefighter with a pipe wrench.

The records contradict statements made by Dearmon in court last week as he testified on Nodine's behalf. Dearmon said on the stand that he did not have a criminal record.

ChaCha

06-08-2010, 06:33 PM

Press Register: Federal public defender asks out of Stephen Nodine gun case (http://blog.al.com/live/2010/06/top_public_defender_for_federa.html)

Clipped for length:
Federal Defender Carlos Williams said he sought the recusal because his wife, Merceria Ludgood, serves on the commission. Williams said that if his wife for any reason were to become a witness, it would mean that he or one of his assistant federal defenders would have to cross-examine her.

ChaCha

06-09-2010, 01:13 PM

Mickey Dearmon's attempt to post bond for Stephen Nodine rejected, say police (http://blog.al.com/live/2010/06/mickey_dearmons_attempt_to_pos.html) by Robert McClendon Published: Wednesday, June 09, 2010, 5:30 AM

DA: Stain on Stephen Nodine's truck unlikely to be blood (http://blog.al.com/live/2010/06/da_stain_on_stephen_nodines_tr.html) by Brendan Kirby Published: Wednesday, June 09, 2010, 5:32 AM

clipped for length:
Law enforcement officials said Downs' neighbors called 911 at 7:53 p.m. after finding the 45-year-old dead in her driveway.

Newcomb said that about five people told investigators they heard a gunshot and then saw Nodine's red pickup truck driving away.

Here is a look at the calls Stephen Nodine made and received just before and after the death of Angel Downs on May 9.

To Angel Downs, 7:38 p.m., 1 minute.
To Angel Downs, 7:42 p.m., 1 minute.
To Angel Downs, 7:43 p.m., 1 minute.
To Angel Downs, 7:44 p.m., 1 minute.
7:53 p.m. - Downs found fatally shot in her driveway.
To Greg Peterson, 8:47 p.m., 2 minutes.
To Mark Erwin, 8:51 p.m., 4 minutes.
From Matt Green, 8:58 p.m., 2 minutes.
To Mark Erwin, 9:01 p.m., 1 minute.
To Matt Green, 9:09 p.m., 1 minute.
From Matt Green, 9:13 p.m., 6 minutes.
From Nodine's home number, 9:32 p.m., 4 minutes.

What was he doing for almost and hour? Cleaning up? Changing clothes? I am thinking of motive and opportunity? Who else could have had either of these?

Gypsy Road

06-09-2010, 02:25 PM

Cha Cha, Thanks so much for all the updates. I'm over in Pensacola and heard about this case on the news a few nights after it happened. What a tragedy. RIP beautiful Angel.

ChaCha

06-09-2010, 05:46 PM

Murder suspect Nodine's first call on day after Downs shooting was to Sheriff Sam Cochran (http://blog.al.com/live/2010/06/murder_nodines_first_call_on_duspect.html.) Published: Wednesday, June 09, 2010, 11:54 AM by Brendan Kirby

MOBILE, Ala. -- Murder suspect Stephen Nodine's first telephone call on the day after his girlfriend died from a gunshot wound was to Mobile County Sheriff Sam Cochran, not the county's top road construction official.

The Press-Register originally reported that Nodine called County Engineer Joe Ruffer at 7:09 a.m on May 10. Ruffer said Tuesday that he remembered the call and that it concerned the county's Pay-As-You-Go program that finances road projects.

But phone logs provided by Mobile County show that call actually took place the previous morning. Ruffer said today that that was the call he remembered.

See the bill for Stephen Nodine's cell phone covering the period from April 26 to May 25, 2010. (http://media.al.com/live/other/nodinephonerecords.pdf)

DivShare File - nodinephonerecords.pdf

Nodine stands accused of murder in the shooting death of Angel Downs, a Gulf Shores Realtor with whom he had been having an affair. Nodine contends that he was not present for the shooting.

It is unclear what Nodine and Cochran discussed during the 6-minute call. Cochran is out of town this week and did not immediately return a call this morning.

ChaCha

06-09-2010, 07:15 PM

http://www.facebook.com/pages/Support-Justice-for-Angel-Downs/100241306694685

Come join us in supporting justice for Angel on Facebook - RIP Angel Downs

ChaCha

06-10-2010, 11:55 AM

WALA Fox10 News - Nodine to plead not guilty to murder (http://www.fox10tv.com/dpp/news/nodine-to-plead-not-guilty-to-murder) Wednesday, 09 Jun 2010, 8:10 PM CDT by April Douglas, Photojournalist: Jason Caldwell

http://www.divshare.com/img/11673021-a33.jpg
WALA Fox10 News - Dearmon arrested in March 2010 (http://www.fox10tv.com/dpp/news/local_news/mobile_county/Dearmon-arrested-in-March-2010) Wednesday, 09 Jun 2010, 1:05 PM CDT by April Douglas

Norris "Mickey" Dearmon was arrested by Mobile Police in March of this year.

The charges were menacing and obstructing governmental operations.

ChaCha

06-11-2010, 09:55 AM

Mobile must honor Mark Erwin's contract, says county commission president (http://blog.al.com/live/2010/06/mobile_must_honor_mark_erwins.html) Published: Friday, June 11, 2010, 5:31 AM by Rhoda A. Pickett, Press-Register

Mark Erwin has a contract, and I think the commission is legally obligated to comply with the terms of his contract," Mobile County Commission president Merceria Ludgood said after Thursday's commission conference meeting.

Mobile County Commission President Merceria Ludgood said Thursday that the county "is legally obligated" to honor assistant county attorney Mark Erwin's contract even if no legal work is directed his way.

Erwin lost his bid for Dem DA to Ashley Rich. Erwin and Ross where the ones who took Nodine's guns and gave them to Nodine's atty instead of the police. There's question over the legality of their doing that. There was also Erwin talking to the media and then refusing to testify in Nodine's impeachment. All questinable behavior in my book.

http://www.divshare.com/img/midsize/11673022-3ba.jpg
Mike Dean seeks dismissal of Mark Erwin, calls him Stephen Nodine's attorney (http://blog.al.com/live/2010/06/mike_dean_seeks_dismissal_of_m.html) Published: Thursday, June 10, 2010 by Rhoda A. Pickett, Press-Register
Remember Mike is the other commissioner who had some controversy over calls made to the sheriff about Nodine. He allegedly shares some of Nodine's penchant for women, although married. (This is only rumor) There are links in this thread.

6 Republicans, 1 Democrat seek Stephen Nodine's former county commission seat (http://blog.al.com/live/2010/06/6_republicans_1_democrat_seek.html) Published: Thursday, June 10, 2010, 5:30 AM by Rhoda A. Pickett, Press-Register

MOBILE, Ala. -- Six Republicans and one Democrat have qualified to run for the county commission seat formerly held by Stephen Nodine, Mobile County Commission District 2 seat.

ChaCha

06-14-2010, 04:41 PM

Judge gives prosecutors 24 hours to appeal Stephen Nodine release (http://blog.al.com/live/2010/06/judge_orders_stephen_nodine_re.html)
Published: Monday, June 14, 2010, 2:06 PM by Brendan Kirby, Press-Register

Conditions include:

A requirement Nodine live in the Mobile home of John Lynam, afriend who agreed to be a third-party custodian. Nodine can leave thehouse only to work, attend court, visit his lawyer, attend religious services and go to the doctor.
That he wear an electronic monitoring device that would alert law enforcement authorities if he tried to leave the house.
That he refrain of drinking alcohol and using drugs, and that he submit to random drug tests.
That he seek drug or mental health counseling as determined by the U.S. Probation Office.

US Attorney’s Office Appeals Nodine’s Release (http://www.wkrg.com/alabama/article/us-attorneys-office-appeals-nodines-release/895897/Jun-14-2010_2-15-pm/) WKRG.com by Jessica Taloney Published: Mon, June 14, 2010 - 1:59 pm CST

ChaCha

06-14-2010, 06:38 PM

FYI - Nodine will be staying with:

John Lynam - Director Of Workforce Development at Remington College, Mobile, Alabama

Isn't this the college who gave Nodine an honorary degree? There's a link in this thread from Mobile County Commissioner web page.

ChaCha

06-15-2010, 09:21 AM

Stephen Nodine took up to 10 Lortab pills a day, says agent (http://blog.al.com/live/2010/06/stephen_nodine_took_up_to_10_l.html) Published: Tuesday, June 15, 2010, 5:30 AM

MOBILE, Ala. -- A federal judge on Monday ordered the release of jailed former Mobile County Commissioner Stephen Nodine (http://topics.al.com/tag/Stephen%20Nodine/index.html) but said prosecutors would have 24 hours to appeal.

Nodine made bail earlier this month on a murder charge in Baldwin County but has been held in jail on a federal charge of being a drug abuser in possession of firearms.

U.S. Magistrate Judge William Cassady ruled after a hearing of nearly three hours in Mobile that prosecutors failed to prove that Nodine was a flight risk or posed a community danger, so long as he complied with severe restrictions on his freedom.

One of those restrictions is house arrest with electronic monitoring.

Anthony Calderaro, an agent with the Alabama Bureau of Investigation, provided new details about the drug abuse allegations against Nodine.

Calderaro testified that Nodine, by his own admission to the staff at Mobile Infirmary, was taking up to 10 Lortab pills a day, as much as three times his prescribed limit for the narcotic painkiller. Nodine began taking Lortab to treat pain from a hip injury, according to testimony.

Nodine checked himself in at the hospital May 10, the day after the fatal shooting of his mistress outside her Gulf Shores home. A Baldwin County grand jury later indicted him on a murder charge in connection with the death of Angel Downs.

When Nodine entered the hospital, Calderaro testified, he was suffering from severe depression.

"He was distressed," Calderaro said. "He was diagnosed as being suicidal. He had major depression. He was treated for opiate withdrawal and drug and substance abuse."

Also while hospitalized, according to Calderaro, Nodine admitted to smoking one or two marijuana cigarettes every weekend to control his mood.

Defense lawyer Gordon Armstrong disputed Calderaro's account. He said nothing in the medical records support the claim that Nodine told the staff that he took 10 Lortabs every day or that he smoked marijuana frequently.

Nodine has taken four drug tests this year. He passed the first, according to the result that another of his lawyers released in January. That test was conducted under the supervision of his physician, Dr. Lisa Burch.

But Calderaro testified that Nodine tested positive for opiates and marijuana when he entered Mobile Infirmary. He also tested positive for marijuana on May 17 and May 19 during tests required as a condition of his bail on a marijuana possession charge in Mobile County Circuit Court.

Calderaro testified that he began investigating Nodine after an employee at the county garage found a small amount of marijuana, rolling papers and a lighter inside Nodine's government-issued pickup truck Dec. 23.

The marijuana was inside a bottle for a Lortab prescription that had been filled for Nodine in Monterey, Calif., Calderaro testified.

A second Lortab bottle in the truck still had pills in it. Nodine had filled that prescription for 100 pills on Dec. 22, Calderaro said. Twenty-one pills were missing from the bottle.

Calderaro testified that Nodine obtained 2,447 Lortab pills over an 11-month period -- an average of seven a day -- from four different doctors and 10 separate pharmacies in eight cities.

But Armstrong said Nodine was not "doctor shopping." He said his client got one small prescription for Lortab from a doctor in California when he was attending a homeland security conference last year.

Nodine also obtained a small prescription from a dentist and doses from Burch and a new physician, Dr. Todd Elmore.

Elmore's patient notes, Armstrong said, indicate that he knew about the other prescriptions and discussed Nodine's treatment with Burch.

Conditions of release

U.S. Magistrate Judge William Cassady ordered that former Mobile County Commissioner Stephen Nodine be released from jail on the following conditions -- many of which are also conditions of his bail on a Baldwin County murder charge:

He must live in the Mobile home of John Lynam, a friend who agreed to be a third-party custodian. Lynam is director of work force development at Remington College.
Nodine can leave the house only to work, attend court, visit his lawyer, attend religious services and go to the doctor. Defense lawyer Gordon Armstrong said Nodine has been offered a job by a Mobile construction contractor.
He must wear an electronic monitoring device that would alert law enforcement authorities if he tried to leave the house.
He cannot drink alcohol or use drugs, and he must submit to random drug tests.
He must seek drug or mental health counseling as determined by the U.S. Probation Office.

ChaCha

06-15-2010, 09:34 AM

http://www.dipity.com/timeline/Steve-Nodine/embed_tl?

ohiogirl

06-15-2010, 10:33 AM

Thanks Cha Cha.

ChaCha

06-15-2010, 05:33 PM

Feds willing to release Nodine on bond (http://www.fox10tv.com/dpp/news/local_news/mobile_county/feds-willing-to-release-nodine-on-bond) Updated: Tuesday, 15 Jun 2010, 9:34 AM CDT

Clipped for length:
The government called on an ABI agent to claim that Nodine received more than 2,000 hydrocodone/lortab pills through several different pharmacies from four different doctors. The government claims Nodine had an addiction during the time he possessed two firearms. Federal prosecutors claim Nodine is a risk.

"There was never any witness which is what is required. A witness has to come forward and say he is a danger to me, he is a threat to somebody and he's not. There is no evidence of that," Gordon Armstrong, who is representing Nodine on the federal charge, said.

The judge said if Nodine is released, he must avoid arrest, and must live with John Lynam. Nodine cannot possess a firearm and he can only travel within Mobile and Baldwin Counties and must submit to electronic monitoring.

If the appeal is denied, Nodine could be released from federal custody by noon Tuesday.

Monday's action is separate from the state charges facing Nodine.

He remains in the Baldwin County Jail under $250,000 bond.

ChaCha

06-16-2010, 09:46 AM

Angel Downs accused Stephen Nodine of trying to kill her months before shooting (http://blog.al.com/live/2010/06/e-mail_from_downs_to_stephen_n.html) Published: Tuesday, June 15, 2010, 5:00 PM by Brendan Kirby, Press-Register

Downs and Nodine's emails released (http://wala.m0bl.net/w/main/story/11701410/) by Chasity Byrd Jun 15, 2010 10:46 p.m.

FOX10 News has obtained some frightening emails between former Mobile County Commissioner Steve Nodine and his longtime girlfriend Angel Downs. The emails were made public in a request by the Baldwin County District Attorney's Office to reconsider the reduction of Nodine's bond.

Just a little more than a week ago, a friend of Steve Nodine's made his $250,000 bail. That bail was reduced from $500,000 after a bond reduction hearing. Nodine has remained in jail due to a federal firearms charge.

The Baldwin County District Attorney's Office however had a change of heart and asked for Judge Charles Partin to reconsider the reduction of bond. The reason, emails recently obtained by the district attorney's office sent between Angel Downs and Nodine. Authorities said they were after an argument the two had.

Angel Downs writes: "I didn't fall down, you tried to kill me and get your kicks off beating me up. You body slammed into the door. I fell when you pushed me as you're 3 times my size."

The email goes on to say: "Your addiction turns you into a very ugly person. I don't like him. Until you turn yourself into a pain clinic as your doctors suggested I will not be around, as next time you may actually succeed in killing me."

Nodine responds: "U fell down three times once in room twice on street, u kept attacking me b, I did not have any drugs on me, am not emailing any of this as it is all a joke if u know what I mean, I can't text u but have pics of my arms."

As of very late Tuesday, Judge Partin was still reviewing the district attorney's motion to reconsider the reduction of bond. If the judge decides to deny the government's request, Nodine could walk out a free man until his trial.

ChaCha

06-16-2010, 10:00 AM

Nodine’s Last Two Weeks (http://www.lagniappemobile.com/articles/3499-nodines-last-two-weeks) By Kevin Lee Lagniappe ISSUE #206 JUNE 14, 2010

Once again Kevin does an outstanding job of reporting and giving the viewers multiple inside tidbits of information.

This story gives us an over view of what has transpired over the last 2 weeks. He takes an in depth look at the phone records.

No one else does the background research Kevin does.

Write a book about this Kevin!! I'd buy it!!

You can also follow Kevin on Open Salon he's doing a series on Nodine there as well.

ChattyWoman

06-16-2010, 01:58 PM

Federal judge orders release of Stephen Nodine
http://blog.al.com/live/2010/06/federal_judge_orders_release_o.html

He is out on bond.

Enlarge Photo NODINE, STEPHEN DANIEL (W / MALE)
Status: Released
Booking No: BCSO10JBN003240
Booking Date: 05/24/2010 20:33:11
Age On Booking Date: 46

ChaCha

06-16-2010, 03:14 PM

Nodine released from Baldwin jail (http://www.fox10tv.com/dpp/news/local_news/baldwin_county/Judge-releases-Nodine-from-gun-charges) Weds, 16 Jun 2010, 1:55 PM CDT

A federal judge has agreed to release Steve Nodine from federal custody regarding the federal firearms charge. He has not been officially released from jail, but that could come at any time.

Nodine has already paid a $250,000 bond to be released from jail on murder charges in the death of his longtime girlfriend Angel Downs. The original bond was set at $500,000 but that was reduced by Judge Charles Partin.

Baldwin County Prosecutors have asked Judge Partin to reconsider that bond saying Nodine is a flight risk.

ChaCha

06-16-2010, 03:16 PM

Do you understand what happened with the bond? I thought Mickey wasn't allowed to post? How'd they do it? Also who is the construction company willing to put him to work?

Federal judge orders release of Stephen Nodine
http://blog.al.com/live/2010/06/federal_judge_orders_release_o.html

He is out on bond.

Enlarge Photo NODINE, STEPHEN DANIEL (W / MALE)
Status: Released
Booking No: BCSO10JBN003240
Booking Date: 05/24/2010 20:33:11
Age On Booking Date: 46

ChaCha

06-16-2010, 03:59 PM

E-mails: Angel Downs had 'nightmares' of Stephen Nodine trying to kill her (http://blog.al.com/live/2010/06/e-mails_angel_downs_had_nightm.html) Published: Wednesday, June 16, 2010, 5:30 AM by Brendan Kirby, Press-Register

Click to view Emails:
DivShare File - Nodine e-mails.pdf

Clipped for length:
In Downs' last e-mail to Nodine on Nov. 10, sent at 11:59 p.m., she told him that she had no choice but to remove herself from the situation.

"I now have nightmares of you trying to kill me. Please please get help!" she wrote.

Downs told Nodine in the e-mail that his abuse drew the attention of other people waiting in line at a restaurant. An older couple behind them asked Nodine what he was on, and the commissioner tried to arrest the people in front because they told him to stop harassing Downs, according to her e-mail.

"This is not worth it!!!! That is no way love. I'm not discussing this anymore," she wrote. "You use your badge as a tool or power trip when out in the public ... you abuse your powers. I don't know any man that gets a kick out of hurting (physically and emotionaly) as you do. You humiliated me and hurt me."

ChaCha

06-16-2010, 05:03 PM

Nodine Ordered to Be Released, Will Stay at House on S. Georgia Ave (http://www.lagniappemobile.com/articles/3520-nodine-ordered-to-be-released-will-stay-at-house-on-s-georgia-ave) Full story: Lagniappe by Kevin Lee

clipped for length:
Nodine can only leave the home for employment, education, religious matters, doctor visits, court appearances and attorney visits. A probationary officer must approve any other trips.

Any contact with law enforcement must be brought to probation officer’s attention within 24 hours. When asked if he understood the terms, Nodine responded, “I have not let the United States down in 28 years and I won’t now.”

Dennis Knizley shook his head and muttered “Shut up” under his breath. Williams nodded.

http://www.divshare.com/img/midsize/11724347-cd1.png

Lynam resides at 112 S. Georgia Ave. in Mobile’s Garden District. Public records show the four-bedroom house is owned by Herbert Andrews and valued at $222,000. It sits less than 1,000 feet south of the Alabama School of Math and Science, an institution that houses students in on-campus dorms.

Defense counsel was satisfied with the ruling.

“There was never any witness which is what is required. A witness has to come forward and say he is a danger to me, he is a threat to somebody and he’s not. There is no evidence of that,” Gordon Armstrong said.

The defense countered, stating that a local named Wayne Anderson secured Nodine a job with P&W Construction upon his release.

ChaCha

06-16-2010, 05:45 PM

Messages Exchanged Reveal Violent Relationship (http://www.wkrg.com/alabama/article/messages-exchanged-reveal-violent-relationship/896712/Jun-16-2010_3-59-pm/) by Jessica Taloney
Published: Wed, June 16, 2010 - 3:29 pm CST

Nov. 10, 2009 10:49 p.m.MOBILE, Alabama - An attorney for former Mobile County Commissioner Stephen Nodine says a text message from Angel Downs to her sister may show the Gulf Shores relator had plans to shoot Nodine the night she was killed.

Dennis Knizley referenced the message in a response to the Baldwin County District Attorney's motion to reconsider Nodine's bond reduction.

"She said she had a gun and that Nodine was coming, and where do you shoot the burglar in the front or the back," said Knizley, who tells News Five the defense learned about the text message while taking depositions from some of Downs' friends during the former commissioner's impeachment proceedings earlier this month.

"That would suggest she had the weapon in her hand and intended to use it on Mr. Nodine," he said.

Nodine, who told investigators he was not with Angel Downs when she was shot, was released from the Baldwin County Corrections Center Wednesday afternoon on an order from US District Judge Callie Granade. Nodine posted $250,000 bond on the murder charge, which was half of the original $500,000 bond. He did not have to post a bond a federal weapons charge.

Prosecutors in the murder case, who have said Downs' was the victim of domestic violence in the months before she was killed, have asked Baldwin County Circuit Court Judge Charles Partin to reconsider Nodine's bond reduction based on emails exchanged between Nodine and Downs on November 10, 2009.

In a series of eleven emails exchanged between 9:52 p.m. and 11:59 p.m., Downs told Nodine "I now have nightmares of you trying to kill me." Downs described an incident where she says Nodine pushed her down, slammed her head on a door and fractured her tailbone. Nodine responded in the emails saying "U fell down three times" and "u kept attacking me b."

Prosecutors tell News Five they recently obtained the emails, which involved Nodine's Mobile County email address and Downs' personal Yahoo account.

As of late Wednesday afternoon, Partin had not scheduled a hearing on the motion.

The final three emails in the two hour exchange read as follows:

Nov. 10, 2009 10:49 p.m.
Angel Downs to Stephen Nodine:
"More clearly I heard ur friends comments and you taking ur frustrations out on me. I actually had to go to the hospital and they have pics on me from all the bruises, poking, scratching, pishing, etc. Even did a blood test for my records. U fractured by tailbone by pushing me down and slammering my head on the door. Thank god a good Samaritan found me and got help. U almost got ur ownself arrested by screaming, poking an pushing me. However, I saved ur ass by not saying anything bc u had drugs in ur pockets. You are an addict. You need help. That's out of love. I'm not going down with urs sinking ship. You are and have been destroying us for quite sometime. All you had to do was say I can't di this instead acting and abusing mr like u did."

Nov. 10 2009 10:57 p.m.
Stephen Nodine to Angel Downs
"U fell down three times once inm room twice on street, u kept attacking me b, I did not hav e any drugs on me, am not emailing any of this as it is all a joke if u know what I mean, I can't text u but hav e pics of my arms

Nov. 10, 2009 11:59 p.m.
Angel Downs to Stephen Nodine
"I didn't fall down you tried to kill me and get your kicks off beating me up. You body slammed into the door. I fell when you pushed me as your are 3 times my size. Any scratches you have were self defense to get you off me. Your addiction turns you into a very ugly person. I don't like him. Until you turn yourself into a pain clinic as your doctors suggested I will not be around... As next time you may actually succeed in killing me. I did nothing wrong. Even the folks in the food line tried to help me from your abuse. All I did was waited in line for a hamburger and you tried to arrest the guys in front of us bc they told you to stop harrassing me and the older couple behind us asked what you were on. This is not worth it!!! That is no way love. I'm not discussing this anymore. You use your badge as a tool or power trip when out in the public... You abuse your powers. I don't know any man that gets a kick out of hurting (physically and emotionly) as you do. You humiliated me and hurt me. I have no choice but to remove myself from the situation. I now have nightmares of you trying to kill me. Please please get help! You r staying home and married bc (Nodine's son) needs you remember? So be his father, a good man that he can grow up and respect as you are forming what his adulthood should be like.

ChattyWoman

06-16-2010, 10:00 PM

Do you understand what happened with the bond? I thought Mickey wasn't allowed to post? How'd they do it? Also who is the construction company willing to put him to work?

Court records show that the $150,000 in property bonds that were posted toward Nodine's bail were made by Scott and Dolly Gatlin of Semmes.

http://blog.al.com/live/2010/06/mickey_dearmons_attempt_to_pos.html

ChaCha

06-16-2010, 10:15 PM

Do you know who they are? I also noticed. Lynam is from Remington where Nodine got his honorary degree???? He's divorced and renting a house. Says he went out socially weekly with Nodine?

I wish the elderly people, men or other witnesses who defended Angel would come forward and speak up about Nodine's abuse of power.

Court records show that the $150,000 in property bonds that were posted toward Nodine's bail were made by Scott and Dolly Gatlin of Semmes.

http://blog.al.com/live/2010/06/mickey_dearmons_attempt_to_pos.html

ChattyWoman

06-16-2010, 10:54 PM

Do you know who they are? I also noticed. Lynam is from Remington where Nodine got his honorary degree???? He's divorced and renting a house. Says he went out socially weekly with Nodine?

I wish the elderly people, men or other witnesses who defended Angel would come forward and speak up about Nodine's abuse of power.

No, I don't know who they are ~ but, I am checking. It appears they own several pieces of real estate ~ from a quick check on public records.
I saw that about Lynam/Remington.

ChaCha

06-17-2010, 12:32 PM

http://www.divshare.com/img/midsize/11732140-11f.jpg
Stephen Nodine released from prison, but freedom could be short-lived (http://blog.al.com/live/2010/06/stephen_nodine_released_from_p.html)
Published: Thursday, June 17, 2010, 5:30 AM Brendan Kirby, Press-Register

http://www.divshare.com/img/thumb/11732141-fca.jpg
Neighbors Not Happy Steve Nodine is Moving In (http://www.local15tv.com/mostpopular/story/Neighbors-Not-Happy-Steve-Nodine-is-Moving-In/uFaUAHCYj0SRXsQ4RFkcJg.cspx?p=Comments) Reported by: Jenna Susko
Email: jsusko@local15tv.com 6/16/2010 11:08 pm

Belinda

06-17-2010, 12:52 PM

Nodine sounds like a very dangerous man who has no business being released into society again. I find it unacceptable that he is out on bond after being charged with murder. He obviously has a history of multiple violent behaviors and drug abuse. He does not belong out on the streets. IMO

ChaCha

06-17-2010, 02:01 PM

No, I don't know who they are ~ but, I am checking. It appears they own several pieces of real estate ~ from a quick check on public records.
I saw that about Lynam/Remington.

Gatlin Heating and Air in Semmes and live four doors down from Mickey Dearmon.

The people in line were at a Saints Game.

Nodine’s Release Prompts Custody Battle (http://www.wkrg.com/alabama/article/nodines-release-prompts-custody-battle/897063/Jun-17-2010_11-08-am/) by Jessica Taloney Published: Thu, June 17, 2010

John Lynam's ex-wife has asked a judge to suspend his visitation rights with the couple's children while Nodine is living in his home.

ChaCha

06-17-2010, 03:22 PM

DivShare File - nodine-report.pdf

ohiogirl

06-17-2010, 03:30 PM

Gatlin Heating and Air in Semmes and live four doors down from Mickey Dearmon.

The people in line were at a Saints Game.

Nodine’s Release Prompts Custody Battle (http://www.wkrg.com/alabama/article/nodines-release-prompts-custody-battle/897063/Jun-17-2010_11-08-am/) by Jessica Taloney Published: Thu, June 17, 2010

John Lynam's ex-wife has asked a judge to suspend his visitation rights with the couple's children while Nodine is living in his home.

Good for her!

ChaCha

06-17-2010, 11:15 PM

Steve Nodine's friend appears in court (http://ht.ly/17MHDd) Thursday, 17 Jun 2010, 7:47 PM CDT by Cherish Lombard

BALDWIN COUNTY, Alabama (WALA) - Thursday, Steve Nodine spent his first full day out of jail. Nodine was released on bond from the Baldwin County Corrections Center Wednesday. He is now living with John Lynam, who was in court Thursday morning.

After Nodine got out of jail, he was taken to Lynam's house in Mobile, where he will be staying until his federal and state trials are over.

Lynam has three children, all under the age of 18, with his ex-wife.

Wednesday her attorney filed a motion that would keep the children from visiting her ex-husband while Nodine is living with him.

Thursday morning, attorneys for both parties were in court, and an agreement was reached very quickly.

Judge Rosemary Chambers signed an order saying that both parties agree that John Lynam will not allow Steve Nodine to have any contact with the minor children at any time when they are visiting their father.

Furthermore, Nodine is not to be present in the home while the children are there.

Wednesday one of Nodine's attorney's, Dennis Knizley, said he expects Nodine's murder case to go to trial by September. Knizley expects Nodine's federal firearms trial to start in August.

Nodine's House Arrest Causing Problem for his Friend (http://www.local15tv.com/news/local/story/Nodines-House-Arrest-Causing-Problem-for-his/PeeGLhrZGUSyfSfpTQqBfA.cspx) Reported by: Mike Rush Email: mrush@local15tv.com Last Update: 6:32 pm

(MOBILE, Ala.) Former Mobile County Commissioner Steve Nodine is serving his house arrest at his friend's home on South Georgia Avenue in Mobile. Thursday, when LOCAL 15 reporter Mike Rush knocked on the door, Nodine didn't answer, but did speak through the door.

"Hey, Bro. Can't say anything," said Nodine. He went on to say, "You're gonna have to get off the property, dude", and "Love you, man. It's not my property but they have a restraining order against you guys on the property, so..."

Soon after Rush and his photographer stepped off the property, they caught a glimpse of Nodine, in what looked like a white tee shirt and shorts, accepting visitors. The two guys with badges on their belts were top secret about who they are.

Nodine's confinement to his friend's house appears to be causing problems for the friend. John Lynam's ex-wife, not comfortable with having their three children around an accused killer, got a judge to stop visitation at the house as long as Nodine is there.

Also, a job prospect Nodine's lawyer said Nodine had has dried up.

"It will be in the construction industry, I'm not sure exactly what they will have him doing. It might be picking up nails at a construction site," lawyer Gordon Armstrong said earlier in the week.

The owner of P & W Construction tells LOCAL 15 he was offering Nodine a general labor job because he was a friend of a friend, but then took back the offer because it wasn't in his best interest.

Despite what Nodine said about a restraining order filed to keep us away, LOCAL 15 has not received an order of any kind to stay away from Nodine.

Nodine’s Release Prompts Custody Battle (http://www.wkrg.com/alabama/article/nodines-release-prompts-custody-battle/897063/Jun-17-2010_11-08-am/) by Jessica Taloney Published: Thu, June 17, 2010 - 10:48 am CST

John Lynam's ex-wife has asked a judge to suspend his visitation rights with the couple's children while Nodine is living in his home.

Nodine was released from the Baldwin County Correction Center in Bay Minette Wednesday afternoon. One of the conditions of Nodine's bond is that he will live with Lynam at his home in midtown Mobile.

ChaCha

06-18-2010, 11:48 AM

Nodine lied about the restraining order. Take a look at the video by Mike Rush's report on WPMI (http://www.local15tv.com/mostpopular/story/Nodines-House-Arrest-Causing-Problem-for-his/PeeGLhrZGUSyfSfpTQqBfA.cspx)

Notice the familiarity Nodine displays, calling Rush "bro" and "dude?" Classic Nodine. It's part of the wolf in sheep's clothing Nodine uses - it's hard to be critical of a "nice-guy". LOL

GOOD for P&W Contracting for saying "NO JOB" but why wasn't proof of employment a requirement for the release?

Hoping the no job may make trouble for Nodine in front of Judge next week. Also good Lyman's wife said no visits with kids as long as Nodine is in house. If case takes a year that's a long time without kids staying with their Dad. Where are this father's priorities?!

The public seems more actively angry - which is GOOD they should be outraged by this man's abhorrent behavior!

ChaCha

06-18-2010, 12:11 PM

STOP letting Nodine talk to the press like they're his buddies? It's distasteful and unprofessional.

Steve Nodine’s most powerful tool he will use in his defense is to be “nice.” A “nice guy” doesn’t fit society’s image of a murderer. Society also wants them to be strangers. The fact is: most are not. “niceness” is a powerful weapon. When someone is nice, it is difficult to confront him or mistrust him.

ChaCha

06-19-2010, 05:38 AM

Expert Weighs in on Nodine/Downs E-mails (http://www.lagniappemobile.com/articles/3524-expert-weighs-in-on-nodinedowns-e-mails) By Kevin Lee Lagniappe WEB EXCLUSIVE JUNE 18, 2010

“Until you turn yourself into a pain clinic as your doctors suggested I will not be around…as next time you may actually succeed in killing me,” Angel Downs wrote in an e-mail to Stephen Nodine almost six months to the day before her shooting death in the driveway of her Gulf Shores home. The string of correspondence between Downs and the former Mobile County Commissioner was released by Baldwin County District Attorney Judy Newcomb as part of efforts to have Circuit Judge Charles Partin reconsider his reduction of bond for the accused murderer’s release.

Originally set at $500,000 following Nodine’s May 24 arrest, Partin cut the amount in half on June 3 after originally stating he would wait until the outcome of federal firearms charges before ruling on the reduction. The federal bench decided June 16 to release Nodine into house arrest with no bond pending his August trial.

A dozen e-mails dated Nov. 10, 2009 were exchanged from 9:53 p.m. through 11:59 p.m. They outline a string of abuse in varying nature: physical, emotional, drugs and political power.

Nodine originally asked if Downs needed help with funds, “…or do u want me to go away forever like christine said u want me to do?” He later wrote “But anyway I would do anything in the world for you weather your with me or drew!”

Downs said funds would be used and questioned whether his offer was based in guilt.

“Where have u been staying b? Why did u destroy us like this?” Nodine replied.

“Should have known better,” Downs responded at 10:31 p.m. “You are not interested in helping me as ur email stated. Gnite Stephen.”

Nodine answered that he had been sleeping in his car. “That is what u hav e reduced me too, do u even remember or care what u said to me? I guess u must have meant it.”

Downs’ next missives were longer. “More clearly I heard ur friends comments and you taking ur frustrations out on me,” she wrote. “I actually had to go to the hospital and they have pics on me from all the bruises, poking, scratching, pishing etc.,” she wrote. “Even did a blood test for my records. U fractured my tailbone by pushing me down and slammering my head on the door…U almost got ur ownself arrested by screaming, poking and pushing me. However, I saved ur ass by not saying anything bc u had drugs in yr pockets. You are an addict. You need help.”

Nodine answered eight minutes later. “U fell down three times,” he wrote, “once inm room twice on street, u kept attacking me b, I did not hav e any drugs on me, am not e mailing any of this as it is all a joke if u know what I mean, I can’t text u but hav e pics of my arms.”

Downs’ last e-mail followed. “I didn’t fall down you tried to kill me and get your kicks off beating me up,” she typed. “You body slammed into the door. I fell when you pushed me as your are 3 times my size. Any scratches you have were self defense to get you off me. Your addiction turns you into a very ugly person. I don’t like him…I did nothing wrong. Even the folks in the food line tried to help me from your abuse. All I did was wait in line for a hamburger and you tried to arrest the guys in front of us bc they told you to stop harassing me and the older couple behind us asked what you were on. This is not worth it!!!! …You use your badge as a tool or power trip when out in the public…you abuse your powers. I don’t know any man who gets a kick out of hurting (physically and emotionly) as you do. You humiliated me and hurt me. I have no choice but to remove myself from the situation. I now have nightmares of you trying to kill me. Please please get help! You r staying home and married bc Christopher needs you remember? So be his father, a good man that he can grow up and respect…”

Downs’ office phone numbers were on her signature. Nodine’s cell phone records reveal he exchanged six calls with that number from March 26 – April 25, 2010. This is in addition to the approximately 157 calls and 432 text messages he exchanged with her cell phone during that same period. From April 26 – May 9, 2010, Nodine exchanged 26 calls with her office in addition to the 117 calls and 35 text messages he exchanged with her cell phone.

Lagniappe contacted Peter Hyatt (http://www.statementanalysis.com/lying/), an internationally known statement analyst currently employed by the State of Maine. After perusing the e-mails, Hyatt offered his opinion on the correspondence.

“It can be difficult to analyze from fragments, but there may be some issues,” Hyatt said via e-mail. “There is a basic element of truth running through her e-mail regarding physical abuse. There is also an element of guilt, not unusual in domestic violence cases as victims often blame themselves. ‘I did nothing wrong’ is a negation: We cannot do ‘nothing,’ so it is likely that she used some harsh language to provoke him (he reminds her without repeating what she said).”

“She attempts to show that there are witnesses to verify her account,” Hyatt continued. “Another sign of veracity is the use of ‘said’ and ‘told.’ ‘Said’ is softer language, but ‘told’ is stronger; authoritative, perhaps even an argument. The guys ‘told’ him to leave her alone, but the elderly couple ‘asked.’ This is consistent and a sign that this account is truthful. Any change in language must reflect change in reality and here we have a sign of veracity (http://www.merriam-webster.com/dictionary/veracity).”

“She also goes from past tense (what he did) to present tense (what he is now) accurately,” Hyatt said. “This is another indicator of veracity.”

“As you likely know, the danger for a woman comes when she attempts (usually with some success) to break away from the controlling abuser,” the analyst wrote. “When she is free from him, she is, statistically, more likely to suffer serious injury or death.”

“Her e-mail to him appears to be credible and trustworthy,” Hyatt concluded.

The analyst then added a post-script.

“I doubt that the doctor ‘suggested’ he go into a pain clinic,” Hyatt said. “The language is too soft and minimizing. This may not be a sign of deception but it’s likely she has been told by him the doctor ‘suggested’ it. Doctors don’t suggest pain clinics, but likely TOLD him to go into a rehab. He softened it and she is now repeating his language. This is common in human discourse.”

Nodine defense attorney Dennis Knizley was unfazed by Hyatt’s analysis.

“At first blush, I don’t know of this gentleman’s qualifications,” Knizley said, “but it sounds like this is tremendous speculation on his part. We don’t need someone from Maine to tell us what human experience can tell us.”

Nodine is scheduled to appear before Judge Partin on June 23 in a hearing on the possible increase.

ChaCha

06-20-2010, 08:22 AM

Explosive revelations in ongoing murder drama (http://open.salon.com/blog/kevin_lee/2010/06/19/explosive_revelations_in_ongoing_murder_drama) by Kevin Lee

Kevin does his usual excellent job in reporting facts. You'll not get this in depth reporting anywhere else.

Kevi is a very good writer - you'll enjoy the read and end up scratching your head? How does this happen in America?

Why NO FBI investigation?

Clipped for length - a few choice quotes - check out the photos of Mickey Dearmon and the finale I loved it!:

“I’ll tell you one thing,” the source said, “he sure has been an arrogant ass in jail.”

and-

Nodine looked at the pair of defense lawyers, smiled and winked in confidence.

and-

When asked if he understood the terms, Nodine straightened loudly responded, “I have not let the United States down in 28 years and I won’t now.”

Dennis Knizley shook his head and muttered “Shut up” under his breath. Williams nodded.

Oh and I almost forgot Steve Nodine now has his own website (http://www.friendsofstevenodine.com/). Where he uses his child, and George W. Bush to solicit funds for his defense. He never mentions it's for MURDER.

Angel was very petite only weighing 105 lbs. I can't imagine anyone as large as Nodine body slamming her. Take a look at his fat frame in the videos of him being arrested. His man boobs and belly shake as he walks.

Angel was very ill since she was a toddler with heart and kidney problems. She was on a waiting list for transplant into her late 30's. She has had someone taking care of her her whole life. IMHO I think she led a very sheltered life.

She was the 2nd child of 4 in a military family. Her emails are timed in military time. Nodine probably told her of his amazing background in the Army Reserves with his usual embellishments. His friendship with Alexander Haige, etc.

Angel's loving father was a military man. She had been sick most of her life and taken care of. This is what I suspect Nodine also promised to do.

Her friends have confirmed Nodine lied about being married at first and it's been reported the Nodine marriage was unusual and one of convenience at best.

Criminals generally keep their crimes to themselves. He has a LONG history of hiding behind supposed good works.

Even Ann Rule didn't know The Stranger Beside me (her) was Ted Bundy.

Amazon.com: The Stranger Beside Me (Revised and Updated): 20th Anniversary…

Belinda

06-20-2010, 02:40 PM

That was a great article, ChaCha! IIRC, you have referenced him before. Too lazy to go back and check. I really like the way he writes.

GannyP

06-20-2010, 09:55 PM

Thank you Cha Cha for keeping us up to date, I've been out of pocket for a couple of days, but I knew I could just check here for the latest.

ChaCha

06-21-2010, 07:45 AM

Records show Stephen Nodine discussed Lortab dependency with doctor Published: Sunday, June 20, 2010, 5:30 AM
by Brendan Kirby, Press-Register

As far back as March 2009, then-Mobile County Commissioner Stephen Nodine spoke with his doctor about his possible dependence on Lortab, according to the doctor's handwritten notes.

The notes included in Nodine's court file figure to play a prominent role in his federal prosecution on a charge of being an unlawful drug user in possession of firearms.

Nodine is scheduled for a federal trial in August. He also faces a state murder charge in the May 9 shooting death of Angel Downs, a Gulf Shores real estate broker with whom he was having an affair.

Mobile County Commissioner Stephen Nodine leaves the Mobile Metro Jail Friday afternoon, May 13, 2010, after turning himself in on drug charges.
Medical records indicate that Nodine was taking the painkiller Lortab to treat osteoarthritis of the hip.

Dr. Lisa Burch, Nodine's family physician, wrote on March 3, 2009, that she and Nodine "discussed at length" narcotic dependence and that he was "ready for 'help.'"

But Nodine declined to enter a treatment program or undergo psychological counseling because of his position in the community, she wrote.

In September of that year, Burch told Nodine that she would not provide him with further prescriptions for pain medication until he came in for an appointment.

Records from Mobile Infirmary Medical Center, where Nodine spent four days as a patient after Downs died, show that he told doctors there that he was taking as many as 10 10-milligram Lortab pills a day. He also said that he smoked one or two marijuana cigarettes on weekends and drank four or five beers on most days.

Nodine's lawyer on the gun charge, Gordon Armstrong, said that his client disputes characterizations of his use of marijuana and Lortab. He said that Nodine was taking Lortab as prescribed by his doctors.

Armstrong said that investigators gathered some 300 pages of medical documents on Nodine. "You can't take one medical record and isolate it," he said.

Nodine faces up to 10 years in prison on the gun charge, and Assistant U.S. Attorney Gloria Bedwell indicated that she would seek the maximum if she wins a conviction.

The federal indictment alleges that Nodine had two Glock pistols from May 2009 until May 10 of this year, when he gave them to a pair of local lawyers who had come to check on him.

Records from the state's Prescription Drug Monitoring Program show that Nodine began obtaining Lortab from Dr. Todd Elmore, a Mobile neurologist, toward the end of 2009, according to court documents prepared by the U.S. Attorney's Office.

In Elmore's notes, the doctor wrote in January of this year that he did not detect "any irregularities" when he looked up Nodine's prescription history in the monitoring program's database.

In a May 15 statement, however, Elmore wrote that he was going to terminate Nodine as a patient after seeing news reports about his alleged Lortab abuse. Elmore wrote, "According to the news (I am unable to verify this here) he has been receiving an amount of Lortab in excess of what we prescribed."

Elmore placed a note on Nodine's medical chart telling his staff not to provide any prescriptions to him. He also informed pharmacies that any prescription for Nodine from him should be considered invalid.

"According to the news, Mr. Nodine has been receiving Lortab from more than one physician, certainly in excess of what he represented to us," the doctor wrote.

It was his policy, Elmore wrote, to discontinue seeing patients "who deceive us in this manner" and to send them a certified letter "terminating our physician/patient relationship."

Armstrong said it is clear that Elmore was responding to media reports, not actual evidence that Nodine was abusing drugs.

"I think it's more like 'hot potato, I'm not going to take it,'" he said.

Nodine went to see Burch on Jan. 7 to ask for a drug test, according to her notes. That was shortly after workers at the county motor pool found marijuana in Nodine's government-issued pickup truck.

Burch's notes reflect that Nodine was under a great deal of stress, was having trouble sleeping and had gained 25 pounds. But Nodine told the doctor that he was not taking Lortab every day anymore.

When he checked into Mobile Infirmary on May 10, he was suffering withdrawal symptoms, according to a record prepared by Dr. William Wilkerson, who initially put him on a regimen of 10-milligram Lortab tablets, three times a day.

But the doctors would not provide Nodine with a Lortab prescription, leaving that decision to Bradford Health Services in Warrior, Ala., where Nodine agreed to seek drug treatment when he was discharged from Mobile Infirmary on May 14, records show.

Nodine never went to Bradford, however, a decision that drew the ire of prosecutors.

Dennis Knizley, an attorney who represents Nodine on the murder charge, said he counseled Nodine against going to Bradford because he was in the middle of an impeachment fight at the time.

"My advice for him was to not," he said. "I did not see a dependence issue. There were matters that needed to be tended to."

Nodine resigned from the County Commission on May 27 rather than undergo an impeachment trial.

ChaCha

06-21-2010, 08:32 AM

CRIMEWIRE (http://www.blogtalkradio.com/crimewire)
Join co-hosts Denny Griffin retired Police Investigator and Author Susan Murphy-Milano Violence Expert and Author and Vito Colucci Jr. Private Eve and Author.

Famous Statement Analysis Petter Hyatt (of the Caylee Anthony and Susan Smith cases) will take an in depth look at the emails and discuss with Mobile Lagnaippe Reporter Kevin Lee.

6/22/2010 8pm Call-in Number: (646) 478-0982

You can listen on line or call in to listen, or podcast for later.

"When there is nowhere else for families to find answers and seek justice, the Crime Wire team is there." Join hosts Denny Griffin, Susan Murphy-Milano and Vito Colucci, Jr. as they highlight homicide, suspicious death and cover-up cases for families seeking justice. Along with the Crime Wire noted experts and attorney's Mickey Sherman, Fox News Analyst Lis Wiehl, Al Dressler, Peter Hyatt, Donna Pendergast and David Lohr each week.

ChaCha

06-22-2010, 08:53 AM

My blog post on "Time's Up!": The Two-Faces of Steve Nodine; Politician and accused murderer of Angel Downs (http://timesupblog.blogspot.com/2010/06/two-faces-of-steve-nodine-politician.html)

Lots of links and info on this case as well as statistical data on non-stranger crimes, vicitim-blaming, etc.

I look closely at Mr Steve Nodine's ability to hide behind a "Good-Guy" persona.

I hope you'll come take a look and comment.

ChaCha

06-23-2010, 10:15 AM

DivShare File - crimewire6222010.mp3

Prosecutor Donna Pendergast, Expert Statement Analyst Peter Hyatt discuss case with Reporter Keving Lee. It's the very first part of the show.

Donna brings up many good points and the Crimewire team says they have found a possible second vicitm in Nodine's past?!!

Donna asks why is someone facing premeditated homicide walking free. With hurricane season fast approaching who is watching this accused killer?

Many good talking points and interesting show! They are looking forward to high lighting this case again soon.

Original link to show in below thread.

ChaCha

06-24-2010, 12:37 PM

You may download mp3 file and listen to Kevin Lee. He gives a very thorough account of Steve Nodine accused murderer of Angel Downs.
http://www.divshare.com/download/11802480-c65

He is the featured guest of BTR The Majority United Show on 06/23/2010 with Betty Jean Kling. The show is 90 mins in length. Keving gives a detailed account, well worth listening.

http://www.blogtalkradio.com/freemenow/2010/06/24/empowering-woman-to-unite-and-mobilize

ChaCha

06-25-2010, 02:23 PM

Lagniappe (http://www.facebook.com/pages/Lagniappe/64384032316) From a Boozie spy at 8:30 a.m.: I just saw Nodine stroll into Spot of Tea with a "Y'all keep praying" sign-off to 2 greeters. Drove away in a mini- SUV after spending 3 minutes inside. Weds 6/23/2010

Comments:
Brent Ericson (http://www.facebook.com/brent.ericson1) I will keep on praying (for the soul of the innocent woman he murdered)

Les Switzer (http://www.facebook.com/profile.php?id=1083292916) WTH.......what exactly is house arrest? See yer buddies at work!!!!!

Bobbi Cumbie Pierce (http://www.facebook.com/bobbi.pierce) it amazes me that someone will break the law for years...and morally be unaware of god and then the moment they are Caught they believe in the power of god. I bet God is sooo insulted! I wish I could walk around and greet my fellow mobilians with no money and a smile on my face.

Jan Hines (http://www.facebook.com/profile.php?id=1068518682) I think Nodine better Pray for himself,sounds like a drug deal @ Spot of tea.Was he exiting w/ to go food or empty handed?

David Ayers (http://www.facebook.com/Jackson.ayers1) Sounds like he is lobbying for "political votes" and "sympathy votes" for the jury pool.

Michele Rumpf (http://www.facebook.com/profile.php?id=766739458) I'm going to throw up!

John B. French (http://www.facebook.com/john.b.french1) If you are ever looking for God, try jail-they all seem to find him there..

Deborah York Geiger (http://www.facebook.com/debgeiger) I'm praying I don't throw up!

Debbie Clolinger (http://www.facebook.com/profile.php?id=1031755112) I'm with you, Deb. Pass the Pepto.

Lagniappe (http://www.facebook.com/pages/Lagniappe/64384032316) Nodine was spotted at Griffith Shell this morning filling up his interestingly-named Ford Escape. He was dressed for business and chatting up customers. Boozie Tues 6/22/2010 9:01am

Comments:
Rusty Robinson (http://www.facebook.com/profile.php?id=100001047672921) Funny....I thought he was on house arrest.

Tuesday at 9:02am · LikeUnlike · Flag (http://www.facebook.com/home.php?#)

Carla Hallman (http://www.facebook.com/soulsrebirthday) What the hell? I cannot believe this murderer! And we all know he is one! He's got a lot of nerve or is just stupid or a little of both! If I were him, I would not venture out of the house.

Denise Prince-Ezell (http://www.facebook.com/profile.php?id=697847847) he is supposed to be on house arrest isnt he?

Mary Watson Gleason (http://www.facebook.com/profile.php?id=1218852297) Keep a tag on him.. he maybe heading to a party! His receipts to the county shows he knows where one is always happening.

Carla Hallman (http://www.facebook.com/soulsrebirthday) LOL@ Mary!

Eric Harrelson (http://www.facebook.com/profile.php?id=1389506646) At least he wasn't at BP.

Carla Hallman (http://www.facebook.com/soulsrebirthday) LOL@Eric!!! Man you all got some good ones this morning!

Jon De Jean (http://www.facebook.com/jondejean) Guess house arrest is pretty much a joke depending on who you are and who you know in this town.

Michele Nolen-Schmidt (http://www.facebook.com/profile.php?id=735210016) This story has slow speed chase written all over it

Tonyia A. Percy (http://www.facebook.com/profile.php?id=621951792) If you read the release conditions you would know that he has a job and he is being monitored electronlically.

Carla Hallman (http://www.facebook.com/soulsrebirthday) LOL@Michele!!! I think you are right.

Kelly Self Allen (http://www.facebook.com/kelly.s.allen) Thought the job fell through

Andie Rogers Bender (http://www.facebook.com/profile.php?id=820809828) Pumping gas may be the job.

Michele Rumpf (http://www.facebook.com/profile.php?id=766739458) He's going to run! And, who on earth would hire that guy? Hope its not pharmaceutical sales!

Mary Lee McCrory (http://www.facebook.com/mlmccrory) He doesn't have a job. The person who offered it to him retracted the offer because he realized it would be bad for business.

Jennifer McPherson McDonald (http://www.facebook.com/profile.php?id=1338196775) He's actually chatty? Go in for the exclusive Booz. Everybody talks to you, girlfriend.

Kathy Richardson (http://www.facebook.com/profile.php?id=1445989526) What is his job?

Kathy Richardson (http://www.facebook.com/profile.php?id=1445989526) So... he doesn't have a job. Then where was he going?

Cindy Hall McQuillen (http://www.facebook.com/profile.php?id=546816761) He's probably trying to buy Lortabs...

Kathy Richardson (http://www.facebook.com/profile.php?id=1445989526) A belated HAHAHAHAHAHA!

ChaCha

07-02-2010, 11:00 AM

The presumption of innocence is a courtroom rule – not a real world mandate. We can make our own judgments on the people we meet and the information we receive. We’d be fools not to. We all have to care about being fair in the courtroom. But erring on the side of caution in public I think is the better option.

I wouldn’t contribute to Nodine’s defense just as I would never recommend any of my friends date him (or O.J. Simpson).

ChaCha

07-04-2010, 08:20 AM

Stephen Nodine's attorneys say gun charge is rare; investigators say it isn't (http://blog.al.com/live/2010/07/stephen_nodines_attorneys_say.html)

Published: Sunday, July 04, 2010, 5:31 AM

http://media.al.com//avatars/userpic-4298-100x100.png (http://connect.al.com/user/bkirby/index.html) Brendan Kirby, Press-Register (http://connect.al.com/user/bkirby/index.html)

ChaCha

07-04-2010, 08:45 AM

Federal prosecutors list lab technicians, Stephen Nodine's doctors as witnesses
Published: Friday, July 02, 2010, 4:01 PM by Brendan Kirby, Press-Register

clipped for length:
MOBILE, Ala. -- Federal prosecutors plan to call a pair of doctors and three laboratory technicians as witnesses against former Mobile County Commissioner Stephen Nodine, according to a document filed in court today.

http://blog.al.com/live/2010/07/flist_as_lab_technicians_nodin.html

ChaCha

07-07-2010, 11:13 AM

http://media.al.com/live/photo/mobile-county-deputy-sheriff-badgejpg-936f77a160a3c745_large.jpg

Former sheriff: Shield allegedly flashed by Stephen Nodine was 'nothing badge' (http://blog.al.com/live/2010/07/stephen_nodine_badge.html)

Published: Wednesday, July 07, 2010, 5:32 AM

http://media.al.com//avatars/userpic-4298-100x100.png (http://connect.al.com/user/bkirby/index.html) Brendan Kirby, Press-Register (http://connect.al.com/user/bkirby/index.html)

clipped for length:
Of the allegations that have been leveled at former Mobile County Commissioner Stephen Nodine (http://topics.al.com/tag/Stephen%20Nodine/index.html) over the past couple of months, among the most unusual is that he flashed a badge at some people who were trying to stop his abusive behavior.

It was one of the allegations that formed the basis of impeachment charges brought by a Mobile County grand jury in May.

Nodine, who also stands accused of murder in the May 9 shooting death of Gulf Shores real estate broker Angel Downs, resigned rather than fight impeachment.

The bill of impeachment made references to two incidents -- one in New Orleans and one in Baldwin County -- when Nodine reportedly flashed a badge to stop people from intervening in confrontations he had with Downs.

Downs, herself, referred to the badge in an e-mail exchange with Nodine that Baldwin County prosecutors included in a court filing.

"You use your badge as a tool or power trip when out in public ... you abuse your powers," Downs wrote in an e-mail on Nov. 10.

ChaCha

07-08-2010, 08:24 AM

Wasn't using the badge a breach of his oath of office?

Wasn't Nodine impersonating an officer - a Class C misdemeanor. (By flashing his badge)

NODINE also installed a portable Sho-Me emergency strobe light kit for the dashboard. A work order for installation of the equipment at a cost of a couple of hundred dollars was issued along with the maintenance and a tire repair. His county-issued Ford F-150 was in the garage for servicing and tire repairs after a misadventure in New Orleans.

ALA CODE § 13A-10-10 : Alabama Code - Section 13A-10-10: IMPERSONATING PUBLIC SERVANT (a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity. (b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (c) Impersonating a public servant is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §4545.)

Wasn't Nodine obstructing justice by means of independent, unlawful interference and intimidation, i.e., NODINE did intentionally obstruct, impair and hinder the fair and just administration of law by denying complainant due process and equal protection of the law through the use of intimidation and threats of violence.

Ala. Stat. § 13A-10-2. Obstructing Governmental Operations. (a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he: (1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function. (c) Obstructing governmental operations is a Class A misdemeanor. Alabama Constitution (1901), Article I, Section 6, Article I, Section 13; U.S. Constitution, Fifth Amendment, Fourteenth Amendment; Alabama Canons of Judicial Ethics, Canon 3(A)(1), Canon 3(A)(4)

Didn't Nodine violate his duty to support the U.S. and Alabama Constitutions by denying complainant’s unalienable rights to fundamental fairness? Fifth Amendment; Fourteenth Amendment; Alabama Constitution (1901), Article I, Section 6; Alabama Canons of Judicial Ethics, Canon 3(C)(1), (a)

Ala. Stat. § 13A-10-124. Tampering with a witness. (a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to: (2) Absent himself from any official proceeding to which he has been legally summoned. (b) Tampering with a witness is a Class B misdemeanor.

Ala. Stat. § 13A-10-123. Intimidating a Witness. (a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (2) Induce that person to avoid legal process summoning him to testify; or (3) Induce that person to absent himself from an official proceeding to which he has been legally summoned. (c) Intimidating a witness is a Class C felony.

Wasn't he violating Angel's Sixth Amendment rights and AL Constitution (1901) Article I, Section 6 & 7? As well as the other people he intimidated?

U. S. Constitution, Sixth Amendment. And NODINE failed to inform complainant of any law allegedly violated and the source of authority thereof, and the nature and cause of the accusation, in violation of –

Alabama Constitution (1901), Article I, Section 6, Article I, Section 7

U. S. Constitution, Sixth Amendment

Failed to determine if complainant had received a copy of the charges against him as required by law, or if he had read said charges, or if he understood said charges in the absence of counsel, in-violation of –

Alabama Rules of Criminal Procedure, Rule 14.2(a)(2)

Federal Laws
18 U.S.C. § 242. Deprivation of rights under color of law.
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State. . . to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. . . shall be fined under this title or imprisoned not more than one year, or both. . .”

42 U.S.C. § 1983. Civil action for deprivation of rights.
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State. . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . .”

ChaCha

07-08-2010, 09:11 AM

Journalist Kevin Lee will be giving an update on the Steve Nodine Case on The Dana Pretzer Show Weds 7/07/2010. A Podcast will be available for download. Kevin's segment is about half way through show.

Click Link (http://*************radio.com/2010/07/07/the-dana-pretzer-show-on-scared-monkeys-radio-%E2%80%93-wednesday-july-7th-2010-%E2%80%93-special-guests-al-garza-of-patriots-coalition-kevin-lee-crime-blogger-blink-from-blink-on-crime-discuss/)

ChaCha

07-10-2010, 09:00 AM

Anyone else hear about the birthday bash suppose to happen at Lyman's last night for Steve?? (It was a gas station rumor.) With an open bar - although stated Steve wouldn't be drinking.

Nodine also had a FB page for a few days last week. His sister (Laura Coffey (http://www.facebook.com/profile.php?id=1426996678#!/profile.php?id=1426996678&v=wall)) has his son and has pics posted. (I thought he was with wife's family in GA?) You can see she commented on Steve's FB Status after July 6th. Something about baking him a cake with toenail shavings in it. Steve's witty comeback was something like - he didn't need the nail file anymore now that he's out of jail.

Rumor also has it Nodine is advertising on Match.com under Beach47M (looking for new victim). Things happen and he needs to move on.

He also shows up on Whitepages (Lyman's house) you can email him.

He's such a dufus! Knizley just can't keep him under control. LOL

Rumor is he's been emailing and texting friends and sunning himself on the porch and is very bored staying at the haunted Victorian mansion. Waiting for Casper to visit. (What makes him think it'll be a friendly ghost?)

ChaCha

07-16-2010, 12:11 PM

"Living in Midtown Disturbia" (http://timesupblog.blogspot.com/2010/07/living-in-midtown-disturbia.html)

This is my latest post at the Time's Up Blog on the Steve Nodine murder case of Angel Downs. I raise questions about the house arrest and possible special treatment being given to "Stealth Steve".

Please read, comment, share and repost. Thank you.

ChaCha

07-26-2010, 08:21 AM

My latest post on the Steve Nodine Saga entitled "The Accused Lady Killer - “I know what you are - you’re nothing but a Womanizer.” (http://timesupblog.blogspot.com/2010/07/accused-lady-killer-i-know-what-you-are.html)

Please above click on link to read, share and comment.

Join us Mon 7/26/2010 8PM CST 9PM EST on Blog Talk Radio Show Intimate Partner Homicide Investigation with hosts Sheryl McCollum, MS, Director of the Cold Case Investigative Research Institute and Susan Murphy-Milano Violence Expert and Author - you may listen online, call in or podcast show. There is a live chat also.

Angel's family will be on.

WARNING: Your Cell Phone or Internet May Be Hazardous to Your Health. Accused murder suspect Stephen Nodine knows how to manipulate women, the media and the system.

DivShare File - landshark.mov

Peki51

07-26-2010, 09:23 AM

Be sure to tune in TONIGHT and join Sheryl McCollum, Susan Murphy Milano, and Holly Hughes as they welcome family members of Angel Downs and Justice Activist, Cherry Simpson to expose the facts about the accused murderer of Angel Downs.

What the heck is going on in Mobile? I'm sure we will find out!

Listen live at the link and register to participate in the interactive chat room!

http://www.blogtalkradio.com/susanmurphymilano/2010/07/27/intimate-partner-homicide-investigation-debuts-hos

Kimster

07-26-2010, 09:07 PM

I'm listening! Great panel! WOW!

Kimster

07-26-2010, 09:08 PM

Link to live radio show on NOW!

http://www.blogtalkradio.com/susanmurphymilano/2010/07/27/intimate-partner-homicide-investigation-debuts-hos

Kimster

07-26-2010, 09:15 PM

Good point! When we remember high profile cases, we often remember the names of the defendant. How many of Ted Bundy's victims names do we remember, for example???

We need to talk about Angel as a person and make her REAL!!!

Kimster

07-26-2010, 09:27 PM

Employees found drugs in his truck and reported it to the police.

Figures he was on drugs. :furious:

That info can be excused at "prior bad acts". Of course. :banghead:

Kimster

07-26-2010, 09:28 PM

Character testimony is only allowed when the defense opens the door. :(

Kimster

07-26-2010, 09:30 PM

The prosecutor has to get approval from the court ahead of time to allow prior bad acts and those acts must be parallel to the current court case.

Kimster

07-26-2010, 09:47 PM

YES! Where are the men who are speaking up and saying they aren't going to take this anymore? (Listening to the show and kinda talking to myself. LOL)

Peki51

07-26-2010, 10:46 PM

YES! Where are the men who are speaking up and saying they aren't going to take this anymore? (Listening to the show and kinda talking to myself. LOL)

Kimster! Great play by play! What a powerful show this was! I think the main premise is the fact that this show is trying to make these victims real in the minds of the public.

The comment about remembering the victims names of Bundy, Ramirez and other horrendous killers is so true because they are so quickly out of the headline and the killers bask in the attention they are given.

We must never forget that those who die at the hands of an abuser were a mother/father or someone's child.

I hope others will listen to the podcast and catch the fire! Susan, Sheryl and Holly are fantastic!

Here is the link....listen anytime, but please, listen!
http://www.blogtalkradio.com/susanmu...ion-debuts-hos

Kimster

07-27-2010, 09:42 PM

Me too! And it was a GREAT show! And I'm going to make a POINT of naming the VICTIMS of the cases and not the perps anymore! :snooty:

I learned something big! And the rest of the show was just as powerful! :grouphug: I can't wait for our WS members to start riding this wave!!!

ChaCha

08-09-2010, 10:01 AM

http://media.al.com/mobile-press-register/photo/-696037d6f07d2ddb_large.jpg
View full size (http://media.al.com/mobile-press-register/photo/-696037d6f07d2ddb.JPG) (Press-Register/John David Mercer) Mobile County Commissioner Stephen Nodine surrenders himself outside the Baldwin County Jail Monday night May 24, 2010 in Bay Minette, Ala. An attorney for Nodine has asked for a delay in his federal firearms case.
Published: Thursday, July 29, 2010, 8:04 PM 8:04 PM

http://media.al.com//avatars/userpic-4298-100x100.png (http://connect.al.com/user/bkirby/index.html) Brendan Kirby, Press-Register (http://blog.al.com/live/2010/07/stephen_nodine_attorney_seeks.html)
Clipped for length:

U.S. Magistrate Judge Sonja Bivins earlier this month agreed to delay the gun case a month and set it for trial in September, but would not wait for the murder case to be resolved.

Gordon Armstrong, Nodine's lawyer in the gun case, asked U.S. District Judge Ginny Granade to overturn Bivins' ruling.

Federal prosecutors have said they plan to hold Nodine accountable for the homicide at sentencing if they win conviction on the gun charge. That would likely mean he'd be sentenced to the maximum 10-year prison term.

If Nodine is forced to defend the gun charge first, Armstrong wrote, "the defendant will effectively be deprived of the option to testify or present a proper defense" because "any evidence he introduces can be used against him in the state proceeding."

Armstrong also wrote that the current trial schedule would make it impossible for his client to consider a plea bargain because any admission of guilt to the gun charge could be used against him in the murder trial.

"Further, a trial and conviction on the federal gun charge prior to the trial of his murder case will generate additional publicity, as has been clearly demonstrated by the inordinate and prejudicial coverage of defendant's arrest" and other proceedings, Armstrong wrote.

Prosecutors cite the Speedy Trial Act, which they contend prohibits an indefinite delay of a federal trial.

"It is not uncommon for a defendant charged in two jurisdictions to be required to make difficult choices, and such circumstances do not offend any particular rights of any such defendant," Assistant U.S. Attorney Gloria Bedwell wrote in response to Armstrong's original argument to the magistrate judge.

ChaCha

08-11-2010, 12:03 PM

Nodine Reportedly Tells Writer “We know who you are and my lawyers will be in touch.”
http://modmobilian.com/2010/08/09/nodine-reportedly-tells-writer-i-know-who-you-are-and-my-attorney-will-be-contacting-you/

also
Between You and Steve Nodine
http://modmobilian.com/2010/08/11/between-you-and-someone-representing-himself-as-stephen-nodine/

ChaCha

08-11-2010, 03:34 PM

http://modmobilian.com/tag/nodine/

ModBlog: What the Deal with Robyn Goodall Is – Domestic Violence Is NOT an Excuse Posted on 11 August 2010 by Valso

clipped for length:

Mod Mobilian may come under question (or worse) for publishing the communications of the assumed identity Robyn Goodall with the person portraying themselves on Facebook as Stephen Nodine – so we thought an explanation is in order.

The writer behind Robyn Goodall makes no excuses for the fact that she goes after suspected perpetrators of domestic violence.

ChaCha

08-11-2010, 03:43 PM

http://www.wkrg.com/alabama/article/facebook-fan-page-for-angel-downs/912460/Aug-10-2010_7-18-pm/
<object width="425" height="344"><param name="movie" value="http://media.wkrg.com/news/video_external/facebook-fan-page-for-angel-downs/912460/"></param><param name="wmode" value="transparent"></param><param name="allowscriptaccess" value="always"></param><param name="allowNetworking" value="all"></param><embed src="http://media.wkrg.com/news/video_external/facebook-fan-page-for-angel-downs/912460/" type="application/x-shockwave-flash" wmode="transparent" allowscriptaccess="always" allowNetworking="all" width="425" height="344" ></embed></object><br><a href="http://www.wkrg.com/" title="Alabama Mobile News">WKRG.com News</a>

ChaCha

08-11-2010, 08:10 PM

Message for Nodine from Admin Author/Advocate Susan Murphy-Milano

http://murphymilanojournal.blogspot.com/2010/08/justice-for-angel-downs-and-committment.html (Message for Nodine from Facebook Admin Author/Advocate Susan Murphy-Milano

http://murphymilanojournal.blogspot.com/2010/08/justice-for-angel-downs-and-committment.html)

ChaCha

08-12-2010, 09:00 PM

DivShare File - Memory5.mov

ChaCha

08-16-2010, 11:54 AM

My latest post on the Stephen Nodine murder case of Angel Downs:

http://timesupblog.blogspot.com/2010/08/supporting-justice-for-angel-downs-with.html

http://www.divshare.com/img/12281857-665.png

ChaCha

08-17-2010, 02:02 PM

http://media.al.com/mobile-press-register/photo/-ad15f2c085002339_large.jpg

http://blog.al.com/live/2010/08/judge_denies_request_to_delay.html
Brendan Kirby, Press-Register Published: Tuesday, August 17, 2010, 12:15 PM

Complete coverage of ex-commissioner Stephen Nodine/Angel Downs murder case (http://topics.al.com/tag/Stephen%20Nodine/index.html)

MOBILE, Ala. -- Murder defendant Stephen Nodine's federal trial on an unrelated gun charge will take place next month as scheduled, a magistrate judge has ruled.

In an order handed down Monday and published today, U.S. Magistrate Judge Sonja Bivins denied a request by Nodine's court-appointed lawyer to delay the gun case until after his murder trial in Baldwin County.

Then-Mobile County Commissioner Stephen Nodine surrenders himself outside the Baldwin County jail Monday night May 24, 2010 in Bay Minette, Ala. A judge has ruled that Nodine's trial on an unrelated gun charge will take place in September as scheduled.as he walked towards the jail and is being charged with one count of murder. (Press-Register, John David Mercer)
Nodine was a Mobile County commissioner when Baldwin County authorities charged him with the Mother's Day shooting of his girlfriend in Gulf Shores. Later, a federal grand jury indicted him on a charge of being an unlawful drug user in possession of firearms.

Defense lawyer Gordon Armstrong previously sought to put the federal case on hold until after the murder trial, but a judge agreed only to a one-month postponement.

Armstrong sought a second delay because the circumstances of having to defend two different charges in two different jurisdictions are "so unusual or so complex." He also cited the pregnancy of his co-counsel, whose due date is in September.

Bivins ruled that Armstrong knew about his co-counsel's pregnancy when he accepted her appointment as second chair and ruled that there are no sufficient reasons to delay the trial further.

"Based upon the information currently before the Court, the undersigned finds that the fact that Defendant is facing criminal charges in three jurisdictions does not make this case complex," she wrote. "Additionally, the fact that proceeding with the trial of this case may force Defendant to have to make some tough choices in regards to his other cases does not unfairly prejudice him."

(For a complete report, read Wednesday's Press-Register.)

ChaCha

08-19-2010, 11:31 AM

http://www.fox10tv.com/dpp/news/local_news/mobile_county/nodine-to-be-arraigned-on-drug-charges
(http://www.fox10tv.com/dpp/news/local_news/mobile_county/nodine-to-be-arraigned-on-drug-charges)
Published : Thursday, 19 Aug 2010, 7:42 AM CDT

Linda Jones

MOBILE, Ala. (WALA) - Former Mobile County Commissioner Steve Nodine filed a written waiver of arraignment Thursday morning for state drug charges, which meant he did not appear in court. He pleaded not guilty.

Nodine is being represented by his private attorney, Dennis Knizley.

Nodine resigned from his District 2 seat after being charged with the murder of his longtime girlfriend, Angel Downs.

Nodine also faces federal gun charges for being in possession of a firearm while using drugs. He is being represented by court-appointed attorney Gordon Armstrong on that charge.

ChaCha

08-24-2010, 05:34 PM

Fox10 WALA (http://www.fox10tv.com/dpp/news/local_news/mobile_county/attorney-to-ask-for-earlier-trial-date) Published : Tuesday, 24 Aug 2010, 3:45 PM CDT

by April Douglas
MOBILE, Alabama (WALA) - While voters are busy choosing who replace former Mobile County Commissioner Steve Nodine, his attorney's are preparing to ask a judge to speed up his murder trial.

Nodine is scheduled to appear in court Wednesday.

Nodine's attorney, Dennis Knizley plans to ask a Baldwin County Judge for an early trial date on the murder charge.

Nodine is accused of killing his long-time mistress Angel Downs on Mother's Day.

Knizley said the defense wants to get the murder trial over before Nodine is tried on a federal gun charge.

Nodine is charged with being in possession of a firearm while addicted to drugs.

Jury selection in that case is scheduled to start on Monday, August 30.

Meanwhile, Nodine plead not guilty to state drug charges.

Just before Christmas of 2009, police said pot was found inside Nodine's county truck.

In the course of that investigation, authorities said they developed additional evidence that between March of 2009 and January of 2010, Nodine used fraudulent prescriptions to get 2,400 Lortab pills, from at last nine different pharmacies in four different states and four different doctors.

ChaCha

08-25-2010, 07:34 AM

Judge: Lawyer in Stephen Nodine gun case can't have evidence from murder investigation (http://blog.al.com/live/2010/08/judge_rules_lawyer_in_nodine_g.html)

Published: Wednesday, August 25, 2010, 5:30 AM by Brendan Kirby, Press-Register

MOBILE, Ala. — Former Mobile County Commissioner Stephen Nodine has lost his bid for his lawyer in a federal gun case to get a sneak peak at evidence from an unrelated murder charge.

Attorney Gordon Armstrong had asked a judge to order federal prosecutors to turn over the evidence because it likely will factor into his sentence if a jury next month convicts him of being an unlawful drug user in possession of firearms.

But U.S. Magistrate Judge Sonja Bivins ruled this week that Armstrong was not entitled to the evidence because it is not relevant to Nodine’s guilt or innocence in the gun case.

“Defendant does not allege, let alone offer, any facts which suggest that the Government intends to rely on information from the state murder investigation in its case-in-chief,” Bivins wrote. “Defendant has also failed to show how information related to his murder case will assist him in preparing a defense to the charge in this case, namely being a drug user in possession of a firearm.”

Armstrong said it is crucial for him to have the murder evidence now so he can advice his client about the entire case.

“As any lawyer will tell you, in preparing for a case, you don’t just prepare for the trial,” he said.

Prosecutors have suggested that Armstrong get whatever information he feels he needs from Nodine’s attorneys in the murder case, who have gotten the evidence from Baldwin County prosecutors. But Armstrong said he believe he is entitled to know precisely what portion of that evidence federal prosecutors intend to use.

Lawyers on Monday will pick a jury on the gun charge. That trial is tentatively scheduled to begin Sept. 27.

Meanwhile, Nodine is scheduled to appear today in Baldwin County Circuit Court to find out when trial will begin on charges that he murdered his mistress in Gulf Shores on Mother’s Day.

The federal charge involves allegations that he was illegally using drugs — prosecutors have alleged marijuana and Lortab — during a period of time in which he had a pair of handguns. That is a violation of federal law.

(Staff Reporter Kim Lanier contributed to this report).

ChaCha

08-25-2010, 10:00 AM

Nodine expected in court Wednesday Preliminary hearing on Murder charge (http://www.fox10tv.com/dpp/news/crime/nodine-expected-in-court-wednesday)

Published : Wednesday, 25 Aug 2010, 7:37 AM CDT

by Linda Jones

BAY MINETTE, Ala. (WALA) - Former Mobile County Commissioner Steve Nodine has a hearing Wednesday in a Baldwin County courtroom.

Nodine's private attorney, Dennis Knizely, filed a motion asking a Baldwin County Judge to set a trial date for murder charges soon.

Nodine is charged with the murder of his mistress, Angel Downs. She was found shot to death in front of her Condo in Gulf Shores on Mother's Day 2010.

Knizely wants the murder trial to begin soon, because Nodine has another trial set for late September on a federal firearms charge. Nodine is accused of possessing firearms while allegedly addicted to a controlled substance. Gordon Armstrong is the court-appointed attorney representing Nodine on that charge.

Armstrong says trying the federal case before the murder case isn't fair, because his hands would tied in defending Nodine against the weapons charges.

"I would have to be careful about what witnesses I called," said Armstrong. "And I wouldn't be able to put Nodine on the stand," explained Armstrong.

As of right now, jury selection in Nodine's federal weapons case is set for August 30, 2010 with a trial starting in September. Armstrong is going to ask a district judge to review the trial date.

Nodine has also pleaded not guilty to state drug charges stemming from a December 2009 investigation. A pill bottle containing marijuana was found in Nodine's county issued truck.

In the course of that investigation, Authorities said they developed additional evidence that between March of 2009 and January of 2010, Nodine used fraudulent prescriptions to get 24-hundred Lortab pills, from at last nine different pharmacies in four different states and four different doctors.

Nodine resigned from his seat on the Mobile County Commission after his arrest for Downs' murder.

Connie Hudson was elected to fill his seat.

ChaCha

08-25-2010, 04:33 PM

Nodine Murder Trial Set for December 6 (http://www.wkrg.com/alabama/article/nodine-murder-trial-set-for-december-6/919859/Aug-25-2010_2-21-pm/)

by Pat Peterson

Published: Wed, August 25, 2010 - 9:37 am CST
Last Updated: Wed, August 25, 2010 - 2:21 pm CST

Short URL: http://wkrg.com/a/919859

Pat Peterson MOBILE, Alabama - Former Mobile County Commissioner Steve Nodine and his attorney Dennis Knizley were in court Wednesday morning, asking to expedite Nodine's murder trial to September.

They did not get what they asked for, and the trial date has been set for December 6.

The Baldwin County District Attorney's Office will be working on the murder trial of Troy MacDonald during the September date Knizley was hoping for. Troy Robert MacDonald is charged with capital murder in the strangulation death of Brianna Parish in 2008.

As of now the murder trial for Nodine will be held at the Baldwin County Courthouse in Bay Minette. Knizley is hoping for a Baldwin County jury, but the publicity surrounding this case may be the deciding factor for a foreign jury to come in and work the trial.

The judge who will preside over Nodine's trial in December is Charles Partin.

Dennis Knizley will ask for a continuance on Nodine's federal weapons charges.

Steve Nodine did not speak to anyone on the matter Wednesday morning, because his attorney told him not to.

http://media.wkrg.com/media/player.swf?config=%2Fnews%2Fvideo_player%2Fnodine-murder-trial-set-for-december-6%2F919859

ChaCha

08-26-2010, 08:27 AM

Motion filed to delay federal gun case
Attorney wants case be tried after murder trial (http://www.fox10tv.com/dpp/news/local_news/motion-filed-to-delay-federal-gun-case-)

Updated: Wednesday, 25 Aug 2010, 9:59 PM CDT
Published : Wednesday, 25 Aug 2010, 8:13 PM CDT

Libby Amos
Photojournalist: Robert Brown, Franz Barraza
MOBILE, Alabama (WALA) - Shortly after the judge set Steve Nodine's trial date, the attorney representing him on the federal gun charge, filed a motion to delay that case.

Steve Nodine faces a federal gun charge in Mobile, and a murder charge in Baldwin County. His defense attorney's are now trying to negotiate the timing of the two.

Gordon Armstrong, Nodine's attorney on the gun charge said it's critical that his case is heard last.

"Now that Judge Partin has set a trial date in Baldwin County for the murder case, I am asking the court to schedule the federal trial sometime after that, maybe a week after that or two weeks after that.," Armstrong said.

Armstrong fears that during the gun trial, the murder of Angel Downs will come up in testimony.

"We would have to try the allegations involving the murder in federal court at the sentencing hearing before they even tried the case in state court and that just my argument to the court is that that doesn't make any sense judicially or as far as the defendant is concerned. It doesn't make any sense for him to have to defend it in both jurisdictions," Armstrong said.

So what's the rush in delaying the gun charges trial?

Jury selection for that trial begins August 30.

The importance of delaying the gun charge trial could mean prison time for Nodine.

"What they are going to try to do is for sentencing purposes if he were to be convicted in federal court for sentencing purposes, they would to try to enhance the federal sentence based on the allegations in the Baldwin County murder case. If they were able to do that, his sentence would go from a likely probation type sentence to a 10-year maximum and it would be a required 10-year sentence," according to Armstrong, this is what could happen.

Dennis Knizely is defending Nodine in the murder case and agrees with the plan to delay the gun case.

Knizely commented after Nodine appeared in a Baldwin County courtroom Wednesday.

"Unquestionably, there would be a mini-trial, it not only attacks Mr. Nodine, but certainly the Downs' family would have to go through this matter twice and there's no necessity to do that. Let's do it one time in front of a jury and figure out this man's guilt or innocence," explained Knizely.

A federal judge is expected to hear the delay requests in court Thursday morning.

This is Armstrong's second request to delay the federal case. His motion was denied the first time.

ChaCha

08-26-2010, 08:37 AM

Stephen Nodine murder trial set to start Dec. 6
(http://blog.al.com/live/2010/08/stephen_nodine_murder_trial_se.html)
Published: Thursday, August 26, 2010, 5:30 AM Press-Register staff

A Baldwin County Circuit Court judge set a Dec. 6 murder trial date for Stephen Nodine, the former Mobile County commissioner accused of killing his girlfriend.

Judge Charles C. Partin set the date at a Wednesday morning hearing in Bay Minette in response to a speedy trial request from the defense.

Partin, who is scheduled to hear several other murder cases, said that December was the earliest that the Nodine case could be placed on his docket.

“I’m not willing to make everything else take a back seat,” Partin said.

Nodine is accused of shooting Angel Downs, a 45-year-old real estate professional, outside her Gulf Shores home in May.

District Attorney Judy Newcomb said that she was satisfied with the judge’s decision.

She noted, however, that at least nine other murder and capital murder cases have been pending in Baldwin for about a year and a half to two years, whereas Nodine’s case is only a few months old.

Nodine lawyer Dennis Knizley said he had hoped for a September or October date. “We’re ready to try the case now,” he said after Wednesday’s hearing.

The defense sought to expedite the case in hopes of having it take place prior to Nodine’s federal trial on an unrelated gun charge, according to Knizley.

Jury selection for the gun charge is expected to begin Monday, with the trial tentatively scheduled Sept. 27.

After Partin’s ruling Wednesday, Nodine’s lawyer on the gun charge, Gordon Armstrong, asked a judge to postpone that trial until after the murder case.

If the federal trial results in a conviction, U.S. prosecutors plan to cross-reference the murder case, which could stiffen the federal sentence, according to Knizley.

The cross-referencing, he said, would result in a “mini-trial” of the murder case. Knizley said that would force witnesses to be interviewed during a pre-sentence investigation for the federal case, then testify again later for the actual murder trial.

A federal judge denied an earlier request by Armstrong for an indefinite delay of the gun trial. But Armstrong argued Wednesday that circumstances have changed now that Partin has set a definite date for the murder trial.

U.S. Magistrate Judge Sonja Bivins ruled this week that Armstrong was not entitled to the evidence from the murder case because it’s not relevant to Nodine’s guilt or innocence in the gun case.

Prosecutors have suggested that Armstrong can get whatever information he needs from Nodine’s lawyers in the murder case, who have received evidence from Baldwin prosecutors.

But Armstrong said that he’s entitled to know precisely what portion of that evidence that federal prosecutors would use during a sentencing phase.

The federal charge involves allegations that Nodine was illegally using drugs — prosecutors have alleged marijuana and Lortab — while he had a pair of handguns. That is a violation of federal law.

The guns were not involved in the shooting of Downs, investigators have said.

(This report was written by Press-Register Staff Reporters Kim Lanier and Brendan Kirby.)

ChaCha

08-26-2010, 08:50 AM

Nodine to Face Murder Charge in Early December
(http://www.lagniappemobile.com/articles/3721-nodine-to-face-murder-charge-in-early-december)

By Kevin Lee

WEB EXCLUSIVE
AUGUST 26, 2010

Baldwin County Circuit Judge Charles Partin set Dec. 6 as the start of former Mobile County Commissioner Steve Nodine’s trial for the murder of paramour Angel Downs who died from a gunshot to the head on the evening of May 9, 2010. A grand jury indicted Nodine for the crime on May 24.

The Wednesday morning hearing in Bay Minette was an answer to the defense team’s motion for expedience – an attempt to balance proceedings with charges in two other jurisdictions.

Nodine’s first phase in a trial for federal firearms violations begins Monday, Aug. 30 in Mobile, the result of being charged with violating statutes for possessing a firearm while addicted to a controlled substance. The former politico has also been charged in Mobile circuit court for illegal drugs discovered in his county-issued Ford pick-up truck on Dec. 23, 2009. No date has been set in that matter.

The Baldwin County courthouse was packed before the 9 a.m. proceeding, the jury box nearly filled with orange-clad inmates and spectators lined the walls for lack of seating. Nodine sat alone on the front row, his navy blazer and tie a stark change from his previous appearance there in classic black-and-white-striped inmate’s attire.

Angel Downs’ family – her mother, three sisters and ex-husband – were flanked by staffers from the District Attorney’s office on the row behind the accused.

Defense attorney Dennis Knizley addressed the bench first, citing the imminent federal trial as a primary factor in his request, specifically their intention to use the murder as a weight in any possible sentencing.

“The U.S. Attorney’s office has filed a motion indicating their intent to cross-reference the allegations in this case,” Knizley later told media. “That means if he committed a violent act while in possession of a weapon, they would they would enhance the sentence well beyond the statutory maximum. So it would change the sentence from, what we’re looking at would be a one-and-a-half to two-year sentence to a ten-year sentence.”

Knizley feels what would occur would basically by a preamble to Nodine’s Baldwin County trial.

“Unquestionably there would be a mini-trial,” Knizley said. “Not only would it tax Mr. Nodine but the Downs family would have to go through this matter twice and there’s no necessity to do that. Let’s do it one time, in front of a jury and find out the guilt or innocence of this man.”

Such a scenario could also jeopardize the defense’s case in the murder, providing ammo for the Baldwin County D.A. that might otherwise not be available.

“ In a sentencing in a federal court in most any jurisdiction, the rules of evidence do not strictly apply,” Knizley said. “The rules of relevance do not strictly apply and anything goes. So we’re going to have all kinds of information from both sides that come in, in a sentencing hearing, in a cross reference that shouldn’t be before this jury before the trial comes up.”

Once entered onto the federal public record, that evidence could re-emerge into the circuit court.

Knizley also told Partin he felt there might be a necessity for a larger-than-usual jury pool and other special parameters due to the notoriety surrounding the case.

“We’re ready to try the case,” Knizley continually emphasized.

District Attorney Judy Newcomb expressed only mild hesitance over rushing to trial, not for the sake of preparation but for fairness.

“We don’t have any concerns with them wanting to have it pushed up,” Newcomb told press. “We’re ready to go forward in December. Our biggest concern is that we have people in jail for over a year and half, close to two years on very serious crimes, murder crimes. Those victims have been waiting a year or two years to get their case to trial. I don’t see that those cases should be bumped for Mr. Nodine’s case.”

Newcomb said she is still awaiting some results on various forensics testing, but is otherwise ready to go to trial. She agreed with the defense observations on the expanded jury pool.
The D.A. estimated the time frame for the trial to be close to two weeks.

Following the proceedings, Nodine briskly left the building in ignorance of the cameras trailing him. Knizley said keeping the previously talkative defendant quiet wasn’t easy.

“It’s a big job,” Knizley quipped. “But these are very serious allegations and he has a right to remain silent and I have encouraged him to exercise that because it’s in his best interests. I think he wants to respond. But at my instruction, I have told him it’s not going to happen.”

Gordon Armstrong III, lead counsel in the federal case filed a motion for continuance today based on the new date set for the murder trial.

“It will be ruled on, most likely by Friday,” Armstrong said. “It’s set for trial in front of (Chief U.S. District) Judge (William H.) Steele and I’m presuming Judge Steele will rule on it.” Steele will ask U.S. attorney Gloria Bedwell for a response and Armstrong is expecting her objection to the motion.

“I don’t even know that she will have to file a written response,” Armstrong said. “We’ll probably have a phone conference tomorrow and I’m expecting a ruling, not tomorrow but maybe Friday.”

The defense filed two previous continuance motions. The first was granted and the trial moved from the August to the September term while the second motion to push it to October was denied by U.S. Magistrate Judge Sonja Bivins on Aug. 17.

Armstrong said the trial has been placed on Judge Steele’s docket for Sept. 27.

Newcomb still considers Nodine, on house arrest since mid-June, a flight risk.

“From my experience, the risk usually peaks at the time of trial,” the district attorney said. “That’s been our experience is that the people who’ve fled, they usually flee very close to the time of trial. But he’s under federal monitoring and they’re very, I guess, intense. Now we have had a few reports of him going to restaurants or jogging that we’re trying to look into and see if those were things that were OKed.”

The mention of rumors regarding athletic jaunts piqued interest with press, including a pair of reporters who echoed the same unconfirmed rumor.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately. That’s not generally in our aspects of what we believe someone should be allowed to leave the house for. It’s usually doctor, church, work, lawyer.”

Downs’ family briefly addressed press through attorney Ken Raines.

“The family is pleased that the matter has been set for a quick trial,” Raines said. “They are looking forward to having their day in court and seeing that justice is achieved in this matter. They continue to support the belief that Angel did not take her own life. They are firmly behind the allegation that Mr. Nodine is responsible for what happened in this matter. They are looking forward to this office representing Angel and the officers involved in this case will be supporting them and the memory of their loved one.”

In the silent row standing behind Raines, Downs’ mother Theresa Hinckley watched reporters as her eyes welled.

“It’s been an emotional day for them,” Raines said. “It’s been pretty hard on them today.”

Both Knizley and Newcomb referenced national media attention while before Partin. Newcomb confirmed personnel from CBS were in attendance and asked to speak with Downs’ family.

noZme

08-26-2010, 10:19 AM

Nevermind the law of the land; Nodine's attorney subjected him to cruel & unusual punishment. Can you imagine how difficult it was for an egomaniac to not stop & take advantage of the media? A camera or mike pointed his way is his cue to "perform".

ChaCha

08-26-2010, 02:50 PM

Steve Nodine Spotted Jogging? DA's Office Investigating (http://www.local15tv.com:80/news/local/story/Steve-Nodine-Spotted-Jogging-DAs-Office/XvT5JUoJ-kmqAZwDEcJgtg.cspx)

Reported by: Jenna Susko
Email: jsusko@local15tv.com
Last Update: 8/25 11:13 pm

(MOBILE, AL) District Attorney Judy Newcomb addressed concerns Wednesday, that Steve Nodine hasn't been following the rules of his house arrest. Attorney Dennis Knizley says his client is allowed to go to the doctor's office, church, court, and to get a haircut, as long as it's approved by probation officers. Leaving the house to get exercise, like jogging around town, is not allowed, but that's exactly what District Attorney Judy Newcomb says her office has been hearing. "That's not generally in our aspects of what we believe someone should be able to leave their residence for." Knizley says his client hasn't left the house. "I have confirmed with Nodine if any exercise has taken place, it's been in the driveway behind the privacy fence, not out where somewhere could see him. I can promise you, if Mr. Nodine jogged down the street, officials would have him in custody within 10 minutes." Nodine is tracked by GPS, Knizley says, his client is monitored 24 hours a day. "I am absolutely 100% certain the Federal Probation Office knows exactly where he is, 100% of the day."

Note: Knisely says I am absolutely 100% certain the Federal Probation Office knows exactly where he is, 100% of the day."

REALLY then why was he seen at The Spot of Tea? His Parole Officer reprimanded him but did not bring him up on charges like everyone else would have. The Parole Officer isn't glued to the screen. Otherwise how did Nodine get to stop in and chew the fat with his old bud Tony Moore? This special treatment he is shown is sickening!

He could be testing the limits. Who knows what he may do when he has to go to jail?

Knisely also said his clients sentence in Fed charge will be between 1 and 10 yrs. Sounds like he's resolved that's what's going to happen. Nodine isn't going to like that.

He maybe doing more than jogging around town.

ChaCha

08-26-2010, 07:45 PM

Date set for Nodine's federal gun case (http://www.fox10tv.com/dpp/news/local_news/mobile_county/date-set-for-nodine's-federal-gun-case)
Published : Thursday, 26 Aug 2010, 4:59 PM CDT

MOBILE, Alabama (WALA) - A federal court judge has continued Nodine's federal gun trial until October. Nodine's lawyer, Dennis Knizley, was hoping the case would be continued until after Nodine's murder trial.

Knizley wanted the murder trial to happen before Nodine faces a federal gun charge. Knizley believes in the federal case, prosecutors intend to bring up allegations in the murder trial of Angel Downs, which could enhance any sentence. Downs was Nodine’s former mistress.

Jury selection for that trial begins August 30. The importance of delaying the gun charge trial could mean prison time for Nodine.

"That would change the sentence to a year and a half, two year sentence to a ten year sentence, if the allegations in this case were proven in federal court," said Knizley.

Gordon Armstrong, Nodine's attorney on the gun charge, said it was critical that his particular case is heard last. Armstrong fears that during the gun trial, Downs’ murder will come up in testimony.

Nodine's murder trial is set to begin the week of December 6, 2010.

ChaCha

08-27-2010, 06:33 AM

Federal judge agrees to second delay of Nodine gun trial - but not for as long as he wanted (http://blog.al.com/live/2010/08/federal_judge_agrees_to_second.html)
Published: Thursday, August 26, 2010, 4:55 PM Updated: Thursday, August 26, 2010, 8:34 PM by Brendan Kirby, Press-Register

http://media.al.com/mobile-press-register/photo/-6f5d60fae187367c.JPG

MOBILE, Ala. — A federal judge today agreed to another delay in former Mobile County Commissioner Stephen Nodine’s gun trial but not as long as he wanted.

Nodine’s attorney has been trying to postpone the case until after he goes on trial in Baldwin County for murder, which is scheduled for December.

Chief U.S. District Judge William Steele ruled that defense attorney Gordon Armstrong’s strongest argument for postponement was that he needs more time to hire an expert witness. Steele gave him an extra month — the second time the trial has been delayed — and pushed back the case the gun case from next month until October.

“Based on representations made to the court, it appears that Defendant’s counsel has been diligent in his efforts to retain an expert, but due to circumstances beyond his control, he has been unable to do so within the time allotted,” Steele wrote.

The ruling means that Nodine will have to prepare for 2 different trials that will take place within 2 months of each other in 2 different courtrooms. In Baldwin County, he stands accused of murdering his mistress in the driveway of her Gulf Shores home on Mother’s Day.

Nodine also stands accused of being an unlawful drug user in possession of firearms in an unrelated case. The charge stems from allegations that he owned a pair of handguns while he was abusing marijuana and prescription drugs.

Armstrong has said that he wants to hire an expert witness to testify about drug use and addiction.

Steele instructed Armstrong to hire an expert and provide prosecutors with a report of the expert’s opinions by Sept. 17. The judge set jury selection for Oct. 4.

The gun charge would carry a minimal penalty — perhaps even probation — under normal circumstances. But prosecutors have announced they intend to try to hold Nodine accountable for the shooting during sentencing if a jury convicts Nodine.

That could result in a maximum punishment of 10 years in prison. Armstrong has said that holding the federal trial first will put his client at a disadvantage because if Nodine testifies, anything he says could be used against him in the state murder trial. Also, if Nodine is convicted of the gun crime, prosecutors could use that against him if he testifies in the murder case.

ChaCha

08-27-2010, 10:01 PM

Feds Give Nodine Hard-sought Delay By Kevin Lee

WEB EXCLUSIVE
AUGUST 27, 2010

Former Mobile County Commissioner Stephen Nodine’s federal gun trial was pushed back a month when a judge granted the defense’s third motion for a continuance on Aug. 26. Jury selection was set to begin four days later with Sept. 27 as the tentative start for the trial.

Chief U.S. District Judge William Steele hinged the ruling on contentions from defense attorney Gordon Armstrong III that an expert witness has been difficult to acquire.

“Based on the representations made to the court, it appears that Defendant’s counsel has been diligent in his efforts to retain an expert,” Steele wrote in his order, “but due to circumstances beyond his control, he has been unable to do so within the time allotted.”

Steele went on to say should the defense retain an expert, a report was to be submitted to the prosecution for review and possible rebuttal by their own expert.

“It helps in one regard and that is the need for additional time to just prepare a defense,” Armstrong said. Jury selection is now set for Oct. 4.

U.S. Attorney Spokesman Tommy Loftis said the trial calendar for that month has not been set. Nodine is charged with possessing a firearm while addicted to marijuana and opiates. The defensive starategy is obvious.

“We assert that he’s not in violation of this federal statute”, Armstrong said. “He wasn’t addicted to Lortab under the federal definition.”

As part of the agreement, the defense has been ordered to file a waiver of speedy trial on or before Sept. 3 and given a deadline of Sept. 17 to locate the expert sought and file a report on those findings.

Armstrong previously declined to identify the type experts he sought for fear of revealing a defense strategy but now says he is seeking an expert in the field of drug use and addiction. Defense counsel described the process of finding a pain management specialist as fraught with time-consuming layers of requests and responses.

“Well you don’t readily find those type of experts in criminal cases,” Armstrong said. “It’s not something readily available. Maybe a vehicle accident plaintiffs bar, they’re more accustomed to or tuned into networking to that capacity.”

This makes a second day of minor victory for Nodine. On Wednesday, Aug. 25, a Baldwin County court agreed to expedite his upcoming murder trial for the shooting death of Gulf Shores realtor Angel Downs. That date was set for Dec. 6.

A key element for the jockeying between the gun and murder proceedings has been any potential sentencing phase of the gun trial. Federal prosecutors plan to enter facts of the pending murder case to strengthen any sentence to a statutory maximum of 10 years.
“ In a sentencing in a federal court, in most any jurisdiction, the rules of evidence do not strictly apply,” defense counsel Dennis Knizley said on Wednesday. “The rules of relevance do not strictly apply and anything goes. So we’re going to have all kinds of information from both sides that come in, in a sentencing hearing.”

Information normally excluded in the murder trial might be presented to a jury as part of the public record from federal court, specifically testimony from Nodine. Were the murder trial held before the gun trial, or even before the sentencing alone, it could significantly affect the outcome of both.

“That’s why I’m saying that aspect of my concern may have worked itself out since there is a definite trial setting,” Armstrong said. “It just doesn’t make sense to litigate the murder case in federal court. You know that’s not the proper jurisdiction.”

There are still pitfalls for defense counsel in both cases during the federal trial.

“It does not address what I consider an equally critical issue which is my need to defend my client without having my hands tied behind my back,” Armstrong said. “I can’t put him on the stand to explain his medical condition, his lawful prescriptions for the Lortabs. It was all legitimate, borne out by the doctor’s records and the dental records.”

On Wednesday, Baldwin County District Attorney Judy Newcomb guessed the period between a federal conviction and sentencing to be 60 – 90 days.

“If I had to guess a general time from when they go to trial, the defendant is convicted and the judge generally sets it off would be 60 to 90 days,” Loftis said. “But there’s so many factors. It could depend on whether or not the defendant pled guilty or was found guilty and whether or not they’re cooperating. That’s purely the court’s decision and we wouldn’t dare want to weigh off into trying to nail the court down on a time frame or anything like that.”

Were Nodine convicted in an October trial projected to take less than three days, he could go back behind bars.

“That would be up to the judge,” Newcomb said Wednesday. “In federal court, the judge could take him into custody or let him remain on bond. To us, it would not affect our bond. The judge would not consider that a violation of our bond.”

ChaCha

09-07-2010, 04:52 PM

Nodine Gets Some Answers (http://www.lagniappemobile.com/articles/3736-nodine-gets-some-answers)
By Kevin Lee

The last full week of August brought relief for former County Commissioner Steve Nodine in his fight against incarceration on drug, firearm and murder charges when one timetable was initiated, another delayed and another set.

Nodine defense attorney Dennis Knizley filed a “not guilty” plea in Mobile Circuit Court on Aug. 19 as part of the defendant’s arraignment on drug charges stemming from a Dec. 23, 2009, marijuana and Lortab discovery in his county-issued pick-up truck.

Knizley said a trial date for that case has been set for Nov. 30 before Judge Sarah Stewart.

Meanwhile, Baldwin County Circuit Judge Charles Partin granted a defense motion for expediency on Aug. 25, setting the start of the high-profile murder case for Dec. 6. Nodine was indicted on May 24 for the May 9 shooting death of longtime girlfriend Angel Downs.

Baldwin County District Attorney Judy Newcomb gave no argument for the defense’s motion, but was concerned about fairness.

“Our biggest concern is that we have people in jail for over a year and half, close to two years on very serious crimes, murder crimes,” Newcomb told the press. “Those victims have been waiting a year or two years to get their case to trial. I don’t see that those cases should be bumped for Mr. Nodine’s case.”

Newcomb said she is still awaiting results on various forensics testing, but is otherwise ready. She said her expectation for trial length is two weeks.

Knizley and Newcomb both agreed on the possible necessity for an expanded jury pool due to the case’s notoriety.

For the first time, the entirety of Angel Downs’ immediate family appeared in court. They declined to answer questions afterward, letting attorney Ken Raines speak for them.

“The family is pleased that the matter has been set for a quick trial,” Raines said. “They continue to support the belief that Angel did not take her own life. They are firmly behind the allegation that Mr. Nodine is responsible for what happened in this matter.”

The mother’s eyes welled as she scanned the press corps.
“It’s been an emotional day,” Raines said. “It’s been pretty hard on them today.”

Focus on the case is widening as both Knizley and Newcomb referenced personnel from the CBS television network in attendance.

The next day, Chief U.S. District Judge William Steele granted a defense motion for continuance in the federal firearms trial, originally slated to begin in the September term.

“Based on the representations made to the court, it appears that Defendant’s counsel has been diligent in his efforts to retain an expert,” Steele wrote in his order, “but due to circumstances beyond his control, he has been unable to do so within the time allotted.”

Nodine faces charges for possessing a firearm while addicted to a controlled substance.

“It (the continuance) helps in one regard and that is the need for additional time to just prepare a defense,” defense attorney Gordon Armstrong III said.

The direction of their stance is obvious.

“We assert that he’s not in violation of this federal statute,” Armstrong said. “He wasn’t addicted to Lortab under the federal definition.” Armstrong said he is seeking an expert on drug use and addiction for testimony on Nodine’s behalf, but that it has proved difficult.

“Well you don’t readily find those type of experts in criminal cases,” Armstrong said. “It’s not something readily available. Maybe a vehicle accident plaintiffs bar, they’re more accustomed to or tuned into networking to that capacity.”

Jury selection is now set for Oct. 4. All parties have estimated the length of the trial to be less than three days.

U.S. Attorney Spokesman Tommy Loftis said the trial calendar for that month has not been set.

For months, the defense has worked to move the rapidly proceeding federal case until after the murder trial. A key element has been federal prosecutors’ plan to enter facts of the pending murder case in a sentencing phase.
“In a sentencing in a federal court, the rules of evidence do not strictly apply,” Knizley said on Wednesday. “So we’re going to have all kinds of information from both sides that come in, in a sentencing hearing.”

Information normally excluded in the murder trial might be presented to a jury as part of the public record from federal court, specifically testimony from Nodine. Were the murder trial held before the gun trial, or even before the sentencing alone, it could significantly affect the outcome of both.

“That’s why I’m saying that aspect of my concern may have worked itself out since there is a definite trial setting,” Armstrong said. “It just doesn’t make sense to litigate the murder case in federal court.”

There are still pitfalls for defense counsel in both cases during the federal trial.

“It does not address what I consider an equally critical issue which is my need to defend my client without having my hands tied behind my back,” Armstrong said. “I can’t put him on the stand to explain his medical condition, his lawful prescriptions for the Lortabs. It was all legitimate, borne out by the doctor’s records and the dental records.”

On Wednesday, Baldwin County District Attorney Judy Newcomb guessed the period between a federal conviction and sentencing to be 60 – 90 days. Loftis generally agreed.

“But there’s so many factors,” Loftis said. “It could depend on whether or not the defendant pled guilty or was found guilty and whether or not they’re cooperating. That’s purely the court’s decision.”

Were Nodine convicted in an October trial projected to take less than three days, he could go back behind bars.

“That would be up to the judge,” Newcomb said Wednesday. “In federal court, the judge could take him into custody or let him remain on bond. To us, it would not affect our bond.”

Newcomb would be pleased by such.

“Our experience is that the people who’ve fled, they usually flee very close to the time of trial,” Newcomb said. “But he’s under federal monitoring and they’re very, I guess, intense. Now we have had a few reports of him going to restaurants or jogging that we’re trying to look into and see if those were things that were OKed.”

Press members echoed the same unconfirmed rumor.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately. That’s not generally in our aspects of what we believe someone should be allowed to leave the house for. It’s usually doctor, church, work, lawyer.”

ChaCha

09-14-2010, 01:25 PM

Media Gets Nodine Nugget Wrong (http://www.lagniappemobile.com/articles/3764-media-gets-nodine-nugget-wrong)
By Kevin Lee

WEB EXCLUSIVE
SEPTEMBER 14, 2010

Contrary to reports from WPMI, former Mobile County Commissioner Steve Nodine’s trial on federal gun charges is not necessarily in danger of moving from Mobile, his legal counsel stated on Monday evening. “I don’t know where this is coming from,” attorney Gordon Armstrong III said. “I just filed to have the jury pool drawn from Selma. I don’t want to move the venue.”

Nodine’s case is set for jury selection on Oct. 4 at the federal courthouse in Mobile, part of his trial for violating statutes regarding gun ownership while addicted to a controlled substance.

“I don’t know where all this is coming from,” Armstrong said. “I filed a motion this afternoon to have the jury pool drawn from the Selma area due to the publicity around this case.”

Armstrong noted his appeal for a stay on proceedings was denied by U.S. District Judge Ginny Granade on Monday. Defense counsel was worried about the prejudice instilled in potential jurors from the Mobile area, basically due to the sensational aspect of the case.

“We have a pre-trial conference Wednesday (Sept. 15) morning and I had to file this quickly,” Armstrong said. “I called the clerk’s office and asked them what the specific name for the motion should be and they told me I would have to pick the closest thing. That’s why I had to file a ‘Motion to fix trial in the Northern Division.’”

The lawyer marveled at the speed of gossip.

“I filed it and in about an hour-and-a-half, Dennis Knizley was calling me, asking me what I had done, that he had media calling him,” Armstrong said. Knizley is representing Nodine for drug charges in Mobile County Circuit Court and for murder charges in Baldwin County.

The Baldwin County murder trial is set for jury selection on Dec. 6.

WPMI reported on the motion during their evening broadcast of Sept. 13 and have posted it on their website. MSNBC later picked up the story from the local affiliate for their own website.

Armstrong said results of this latest motion could involve moving the projected three-day trial to Selma, Ala. but that is one of many outcomes.

“I don’t want to go anywhere, I just want an untainted jury pool,” Armstrong said, “and that’s been hard with the publicity and rumor surrounding my client.”

____________________________

Steve Nodine's Attorney Wants Federal Gun Case Moved out of Mobile (http://www.local15tv.com/news/local/story/Steve-Nodines-Attorney-Wants-Federal-Gun-Case/MQM40i3feEmGEVs-0WV1HQ.cspx)
Reported by: Jenna Susko
Email: jsusko@local15tv.com
Last Update: 9/13 11:17 pm

(MOBILE, AL) Former Mobile County Commissioner Steve Nodine may have his federal gun case moved out of Mobile. His attorney filed a motion late Monday afternoon to have the case moved to the Northern Division of the Southern District.

Attorney Gordon Armstrong cites several reasons for the request, including a much publicized impeachment, during which Nodine was indicted for murder. It all happened during a heated race for Baldwin County District Attorney.

The defense claims the murder investigation was used for political gain. District Attorney Judy Newcomb told us, "Its an inflammatory statement to make, but I don't think it centers on determining whether jurors can be fair or not. I can assure you publicity wasn't sought for purposes of any election and in fact, I think I probably turned down more interviews than I accepted during that time period."

The motion also cites hostility toward Nodine, created by one sided coverage and leaks of false information, has poisoned potential jurors. While attorneys want the trial on the federal gun charge to be moved, they want to keep the murder case in Baldwin County.

Newcomb says she doesn't see why both can't be held locally. "I don't have any idea what the reasons are, but I'm sure Mr. Nodine can get a fair trial in any court in this area." Nodine's attorneys say since the gun case heads to court first, potential jurors in Mobile may not be able to set aside what they've heard about the murder case, and that could influence their decision.

It's up to the judge to decide whether or not to move the trial to another location. Jury selection is scheduled for the beginning of October.

ChaCha

09-14-2010, 05:10 PM

Nodine Motion Claims Pre-Trial “Hostility (http://www.wkrg.com/alabama/article/nodine-motion-claims-pre-trial-hostility/930818/Sep-14-2010_1-46-pm/)”
by Jessica Taloney
Published: Tue, September 14, 2010 - 1:32 pm CST
Last Updated: Tue, September 14, 2010 - 1:46 pm CST
Short URL: http://wkrg.com/a/930818

Jessica Taloney MOBILE, Alabama - The attorney for former Mobile County Commissioner Stephen Nodine has filed a motion asking the Court to select a jury from outside south Alabama for Nodine’s federal trial set to begin next month.

According to the motion, which was filed Monday in federal court, Nodine has experienced “hostility” resulting from “one-sided coverage”, “leaks of false information” and “extensive negative pretrial publicity.”

The motion, which does not cite specific examples, also contends “Internet rumors, unverifiable accounts and misinformation about the defendant have been reported, in whole or in part, as legitimate news.”

The motion asks the Court to select the jury from a panel of residents in the Northern Division of the Southern District of Alabama to ensure a fair trial.

Jury selection in Nodine’s federal weapons trial is scheduled to begin October 4 at the federal courthouse in Mobile. Nodine accused of possessing a gun while addicted to a controlled substance.

Nodine, who resigned from the Mobile County Commission in May, also faces drug charges in Mobile County and a murder charge for the death of his long-time mistress in Baldwin County.

Dennis Knizley, Nodine’s attorney on the state charges, has said he believes an impartial jury can be found in Baldwin County for the murder trial.

Read the motion here: MOTION (http://www.wkrg.com/document/pdf/09-14-2010_nodine)

ChaCha

09-15-2010, 01:48 PM

Judge denies former Mobile County Commissioner Stephen Nodine's bid to use jurors from Selma area (http://blog.al.com/live/2010/09/judge_denies_former_mobile_cou.html)
Published: Wednesday, September 15, 2010, 12:26 PM
by Brendan Kirby, Press-Register

MOBILE, Alabama — Former Mobile County Commissioner Stephen Nodine’s jurors in a federal gun trial will not be selected from Selma-area residents as his lawyer had sought, a judge ruled today.

Defense attorney Gordon Armstrong had asked U.S. District Judge Ginny Granade to use a jury pool from the Mobile district’s northern division because of pretrial publicity. But Grande ruled that he had not offered a compelling reason to do so.

“The defendant has proffered no evidence, other than a generalized assertion, concerning the nature, the amount, and the timing of any prejudicial pre-trial publicity, and has thus not established grounds for his request,” Granade wrote.

Nodine, who is scheduled to go on trial in Baldwin County in December on a murder allegation, faces a charge in federal court of being an unlawful drug user in possession of firearms.

Granade left open the possibility of bringing in jurors from farther away if it become clear that an impartial jury cannot be selected on Oct. 4 from residents of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe and Washington counties.

The judge faulted Armstrong for waiting until 4 weeks before jury selection. The process of summoning potential jurors begins at least 7 weeks prior to the jury selection, leaving too little time to make a change, Granade ruled.

Nodine served on the Mobile City Council before winning election to the County Commission in 2004 and was seen as a rising start in Republican politics. But his career began to unravel in December 2009 when a mechanic at the county garage found marijuana inside a pill bottle in the commissioner’s government-issued pickup truck.

That led to an investigation that produced allegations that Nodine was abusing prescription painkillers. On Mother’s Day, Angel Downs, a woman with whom he had been having an affair died from a gunshot to the head in her Gulf Shores driveway.

Baldwin County authorities charged Nodine with murder in the case, and 3 days later, a federal grand jury indicted him on the gun charge. That charge stems from a pair of handguns that Nodine gave to a pair of Mobile County Commission lawyers who checked on his welfare the day after the Gulf Shores shooting. Neither of the guns was used in that shooting.

Armstrong cited intense coverage of Nodine’s legal problems as justification for using jurors from Dallas, Hale, Marengo, Perry, and Wilcox counties.

“Defendant contends that resulting hostility toward him in both Mobile and Baldwin Counties created by one-sided coverage and leaks of false information and conjecture about him and the various allegations, which have been compounded by extensive negative pretrial publicity, has poisoned potential jurors in the Southern Division,” Armstrong wrote.

"Internet rumors, unverifiable accounts and misinformation about defendant have been reported, in whole or in part, as legitimate news.”

ChaCha

09-15-2010, 02:01 PM

Nodine's murder trial may be delayed (http://www.fox10tv.com/dpp/news/local_news/nodines-murder-trial-may-be-delayed)
Updated: Wednesday, 15 Sep 2010, 11:57 AM CDT
Published : Tuesday, 14 Sep 2010, 9:55 PM CDT

Hubert Tate
Photojournalist: Robert Brown
MOBILE, Alabama (WALA) - Steve Nodine's attorneys were hoping his murder trial would happen in December. But FOX10 News has learned there is a possible scheduling conflict with another high profile capital murder case.

Troy MacDonald is accused of killing Brianna Parish in November 2008. His trial was scheduled for October, but his attorney filed a motion to continue the case. The document said he needed additional time to prepare.

Tuesday, the judge reset MacDonald's case for the November trial term that runs through December. That's the same period Nodine's case is set to be presented.

"The ultimate scheduling will be up to the judge. Both are set at this time. We are prepared to go forward on both at this time. There may be a logistics problem about how we go about doing that and a resource issue," said Baldwin County District Attorney Judy Newcomb.

Nodine's attorney, Dennis Knizley, said he wants to avoid any delay, and he hopes the court will consider one of three options.

"Either have another judge handle the MacDonald case, or have another judge handle our case and keep both cases at the same time. An alternative would be to have our case a month earlier," said Knizley.

If Nodine's case is not presented as scheduled, it will go on the next criminal trial docket in 2011.

Nodine is also facing a federal gun charge.

His attorneys in that case are asking the court to move the case to a different county. Defense attorneys argue the negative publicity generated by the Baldwin County case jeopardizes the ability to find an impartial jury.

ChaCha

09-21-2010, 06:40 PM

http://blog.al.com/live/2010/09/ex-mobile_county_commissioner.html
Published: Tuesday, September 21, 2010, 4:45 PM by Brendan Kirby, Press-Register

MOBILE, Ala. — If former Mobile County Commissioner Stephen Nodine’s federal gun case keeps getting delayed, it might end up taking place after his murder trial after all.

Defense attorney Gordon Armstrong unsuccessfully sought to have the gun trial postponed until after the murder case in Baldwin County. Today, though, U.S. District Judge Ginny Granade agreed to another one-month delay of the federal case — the third postponement.

The gun trial now is scheduled to take place in November, one month before the murder proceedings.

Nodine faces a charge of being an unlawful drug user in possession of firearms. Prosecutors contend that he was abusing both marijuana and Lortab while he had a pair of handguns. He turned those weapons over to a pair of Mobile County government lawyers the day after his girlfriend, Angel Downs, died from a fatal gunshot wound May 9 outside her Gulf Shores home.

Baldwin County authorities charged him with murder in that case, although investigators determined that the two handguns he had at his home were not involved in the shooting.

The latest delay results from Armstrong’s attempts to hire an expert witness to testify on Nodine’s behalf. Armstrong indicated in a phone conference Monday that he had found an expert but that Nodine cannot afford to hire him.

Nodine must get permission from the Atlanta-based 11th U.S. Circuit Court of Appeals to use public funds to hire the expert, and Armstrong said it is unlikely that would be done soon enough to adequately prepare for jury selection on Oct. 4.

Armstrong said he intends to call the witness to counter expert testimony for the prosecution from two of Nodine’s doctors, two laboratory technicians and a forensic chemist. Prosecutors expect those witnesses to testify about Nodine’s use of the painkiller Lortab and his positive tests on drug screens after he checked into a hospital following Downs’ death.

ChaCha

09-24-2010, 07:49 AM

Nodine’s Federal Trial Delayed Again (http://wkrg.com/a/933520)

Wed, September 22, 2010 - 9:27 am CST

Jessica Taloney MOBILE, Alabama - Former Mobile County Commissioner Steve Nodine's federal trial on a gun charge has been postponed again.

Tuesday, a federal judge granted the defense's motion delaying the trial until the November term.

Nodine's attorney, Gordon Armstrong, wants the trial postponed until after the former commissioner's murder trial in Baldwin County, which is scheduled for December 6. So far, the judge has denied that request, but if the delays continue Armstrong may get his wish.

Nodine, who resigned from the Mobile County commission in May, is accused of posessing a gun while addicted to drugs. He is also accused of murdering his long-time mistress, Angel Downs, and faces charges for marijuana and Lortab allegedly found in his county-issued truck.

ChaCha

09-24-2010, 07:54 AM

Nodine's gun trial delayed until November (http://www.fox10tv.com/dpp/news/crime/steve-nodines-gun-trial-delayed-until-november)
Wednesday, 22 Sep 2010, 11:13 AM CDT
by April Douglas

MOBILE, Alabama (WALA) - Steve Nodine's federal weapons case has been delayed again. The federal court said it has been postponed until the November term. Jury selection is scheduled to begin November 1.

Nodine is accused of being in possession of a firearm while addicted to drugs.

Nodine also faces state charges for the murder of his longtime mistress Angel Downs. Downs was found shot to death in the driveway of her Gulf Shores home on Mother's Day.

The murder trial is set to start in December in Baldwin County, but could be delayed.

"The request at this point to delay the trial is a matter of logistics. Whenever a case is appointed, whenever I have to spend money in an effort to prepare a case, I have to apply with the court to spend money," said Gordon Armstrong, Nodine's court-appointed attorney in his federal weapons case.

Armstrong said that is what has created this delay.

"Depending on what it is you are trying to do, the request has to go to Atlanta to be approved by the circuit court judge, the chief judge in the 11th circuit," added Armstrong.

Armstrong wouldn't say exactly what he is asking to spend money on since it is part of the defense preparations, which are still confidential. Armstrong did say it is in the nature of expert witnesses.

ChaCha

09-24-2010, 08:17 PM

Nodine Shopping Trip Spawn Questions (http://lagniappemobile.com/articles/3809-nodine-shopping-trip-spawn-questions#comments)
By Kevin Lee

WEB EXCLUSIVE
SEPTEMBER 24, 2010

A Mobile-area man sent a photograph of someone he claims is former county commissioner Stephen Nodine in a department store to a local radio personality on Friday, Sept. 24. The attached e-mail and photo were posted to the Uncle Henry website at 11:04 a.m. on Friday, Sept. 24. Nodine has been on house arrest since mid-June in connection with pending charges in three jurisdictions, including a federal firearms charge and a murder charge in neighboring Baldwin County.

The photo submitted to “The Uncle Henry Show.”

“hey uncle henry i know at one time you were talking about people seeing nodine out in public,” the e-mail read on the site. “well after talking to him telling him that all goes well i snapped this shot with my phone its not really a up close photo but if u look on his right ankle you can see he is wearing a tracking device.”

The reported source of the snapshot and message verified to Lagniappe the information as something he acquired in Springdale Plaza’s Best Buy, a location almost four miles from the S. Georgia Avenue home where Nodine is confined by law. Per the court order, Nodine can only leave the home for employment, education, religious matters, doctor visits, court appearances and attorney visits. A probationary officer must approve any other trips.

While the witness initially confirmed himself as the source of the information, he later called Lagniappe and expressed reluctance to be connected with the incident. The witness did tell Lagniappe that Nodine approached him to speak, belying an apparent recognition.

“The United States probation office had authorized him to go to that specific location to make a retail purchase,” Nodine attorney Dennis Knizley said. When asked what Nodine sought, Knizley said, “I’m sure it was something mundane. You can quote me on that.”

“Our bond does give him permission to go specific places,” Baldwin County District Attorney Judy Newcomb said, “I just never would have envisioned that would have been Best Buy.” Newcomb said her office has sought confirmation from Nodine’s probation officer but that investigators were told he is currently out of town.

Nodine’s whereabouts have been the subject of wide speculation and rumor during the summer. Newcomb told press on Aug. 25 that rumors of the defendant’s activities were making the rounds.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately.”

The comments elicited disbelief and denial from Nodine attorney Dennis Knizley.

Lagniappe has also learned Newcomb and her team this week researched claims from a Midtown resident requesting anonymity that Nodine was spotted off the property running not long after Labor Day. That eyewitness reportedly called the Mobile Police Department’s non-emergency number and spoke with an operator.

“We got the times and checked with his (Nodine’s) people and they said the GPS record for that day shows he never left the property,” Newcomb said.

Jury selection for Nodine’s federal firearms trial is set for Nov. 1. Jury selection in his murder trial for the shooting death of girlfriend Angel Downs is presently set for Dec. 6.

ChaCha

09-24-2010, 08:33 PM

Nodine Spotted At Best Buy (http://wkrg.com/a/945133)

by Jessica Taloney
Published: Fri, September 24, 2010 - 2:40 pm CST

Jessica Taloney MOBILE, Alabama - A former Mobile County Commissioner on house arrest while awaiting his murder trial was recently spotted at Best Buy.

A Newsradio 710 listener emailed a picture of Steve Nodine shopping at the electronic retail store to local host Uncle Henry. The listener, who didn't say when the picture was taken, claims he briefly talked with the ex-commissioner inside the store before snapping a photo of Nodine walking down the aisle.

According to the rules of Nodine's electronic monitoring, he can only leave the home where he is living for court appearances, conferences with lawyers, medical needs, religious purposes or with permission from his probation officer, Bryan Hayes.

Dennis Knizley, Nodine's attorney, says the trip to Best Buy was authorized by the probation office for a retail purchase.

Nodine is accused of killing his long-time mistress, Angel Downs. He is out of jail on bond while waiting for his trial to begin in December.

ChaCha

10-06-2010, 09:55 AM

Original Article Link: Nodine’s Trip to Best Buy Spawns Questions About Terms of House Arrest (http://www.lagniappemobile.com/articles/3822-nodines-trip-to-best-buy-spawns-questions-about-terms-of-house-arrest) Please feel free to visit link and comment.

By Kevin Lee (my favorite writer)

ISSUE #214
OCTOBER 05, 2010

<a href="http://www.divshare.com/download/12749916-1b1"><img src="http://www.divshare.com/img/12749916-1b1.jpg" border="0" /></a>

A Mobile-area man sent a photograph of someone he claims is former county commissioner Stephen Nodine in a department store to a local radio personality on Friday, Sept. 24. The attached e-mail and photo were posted to the Uncle Henry website at 11:04 a.m., that same day. Nodine has been on house arrest since mid-June in connection with pending charges in three jurisdictions, including a federal firearms charge and a murder charge in neighboring Baldwin County.

“hey uncle henry i know at one time you were talking about people seeing nodine out in public,” the e-mail read on the site. “well after talking to him telling him that all goes well i snapped this shot with my phone its not really a up close photo but if u look on his right ankle you can see he is wearing a tracking device.”

The reported source of the snapshot and message verified to Lagniappe the information as something he acquired in Springdale Plaza’s Best Buy, a location almost four miles from the S. Georgia Avenue home where Nodine is confined by law. Per the court order, Nodine can only leave the home for employment, education, religious matters, doctor visits, court appearances and attorney visits. A probationary officer must approve any other trips.

While the witness initially confirmed himself as the source of the information, he later called Lagniappe and expressed reluctance to be connected with the incident. The witness did tell Lagniappe that Nodine approached him to speak, belying an apparent recognition.

“The United States probation office had authorized him to go to that specific location to make a retail purchase,” Nodine attorney Dennis Knizley said. When asked what Nodine sought, Knizley said, “I’m sure it was something mundane. You can quote me on that.”

“Our bond does give him permission to go specific places,” Baldwin County District Attorney Judy Newcomb said, “I just never would have envisioned that would have been Best Buy.” Newcomb said her office has sought confirmation from Nodine’s probation officer but that investigators were told he is currently out of town.

Nodine’s whereabouts have been the subject of wide speculation and rumor during the summer. Newcomb told press on Aug. 25 that rumors of the defendant’s activities were making the rounds.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately.”

The comments elicited disbelief and denial from Nodine attorney Dennis Knizley.

Lagniappe has also learned Newcomb and her team this week researched claims from a Midtown resident requesting anonymity that Nodine was spotted off the property running not long after Labor Day. That eyewitness reportedly called the Mobile Police Department’s non-emergency number and spoke with an operator.

“We got the times and checked with his (Nodine’s) people and they said the GPS record for that day shows he never left the property,” Newcomb said.

Jury selection for Nodine’s federal firearms trial is set for Nov. 1. Jury selection in his murder trial for the shooting death of girlfriend Angel Downs is presently set for Dec. 6.

ChaCha

10-13-2010, 11:22 AM

Nodine Could Face New Charges (http://www.wkrg.com/alabama/article/nodine-could-face-new-charges/1078915/Oct-12-2010_5-53-pm/)
by Jessica Taloney
Published: Tue, October 12, 2010 - 5:47 pm CST

A Baldwin County Grand Jury could add new charges to ex-Commissioner Steve Nodine's list of troubles.

Jessica Taloney BAY MINETTE, Alabama - More trouble could be brewing for a former Mobile County Commissioner charged with the murder of his mistress.

Gulf Shores police tell News Five that investigators met today with a Baldwin County Grand Jury regarding ex-Commissioner Stephen Nodine.

We do not know the nature of the new charges, but we expect to hear from the Grand Jury as early as tomorrow.

Nodine resigned from the county commissioner in May after he was charged with the murder of Angel Downs. Downs was found dead on Mother's Day outside her Gulf Shores condo.

Nodine also faces a federal firearms charge and multiple drug charges in Mobile County.

ChaCha

10-13-2010, 11:35 AM

http://www.local15tv.com/news/local/story/UPDATE-Steve-Nodine-Arrives-at-Baldwin-County-Jail/9AMTj70naEu9q9FOBzK56A.cspx

Reported by: Local 15 News Staff Email: local15@local15tv.com

Print Story Published: 9:26 am ShareThis Updated: 10:24 am(BAY MINETTE, Ala.) - Former Mobile County Commissioner Steve Nodine has arrived at the Baldwin County Jail for processing following a new indictment in the death of his former girlfriend, Angel Downs.

Nodine's attorney, Dennis Knizley, tells LOCAL 15 News he received a call from the Baldwin County Sheriff's Office, telling him Nodine had been indicted again and needed to turn himself in for processing. The exact nature of that charge is not known at this point.

Knizley tells us he plans to immediately file a motion to have a bond hearing, which he hopes will allow Nodine to remain out of jail on bond and on house arrest.

Nodine is already charged with the murder of Angel Downs, who was found shot to death in her driveway in Gulf Shores in May. Witnesses report seeing Nodine's truck leaving the scene around the time of her death.

LOCAL 15 News has a crew waiting at the jail for Nodine's arrival. We'll keep you updated throughout the day online and on the air as this story develops.

ChaCha

10-13-2010, 11:56 AM

UPDATE: Steve Nodine Indicted on Stalking and Ethics Violation Charges
(http://www.local15tv.com/news/local/story/UPDATE-Steve-Nodine-Indicted-on-Stalking-and/9AMTj70naEu9q9FOBzK56A.cspx)
Reported by: Local 15 News Staff Email: local15@local15tv.com

Print Story Published: 9:26 am ShareThis Updated: 10:34 am (BAY MINETTE, Ala.) -

Former Mobile County Commissioner Steve Nodine has arrived at the Baldwin County Jail for processing after being indicted on new charges by a Baldwin County Grand Jury. The indictment includes stalking and ethics violation charges.

Nodine's attorney, Dennis Knizley, tells LOCAL 15 News he received a call from the Baldwin County Sheriff's Office, telling him Nodine had been indicted again and needed to turn himself in for processing.

Knizley tells us he plans to immediately file a motion to have a bond hearing, which he hopes will allow Nodine to remain out of jail on bond and on house arrest.

Nodine is already charged with the murder of Angel Downs, who was found shot to death in her driveway in Gulf Shores in May. Witnesses report seeing Nodine's truck leaving the scene around the time of her death.

LOCAL 15 News has a crew waiting at the jail for Nodine's arrival. We'll keep you updated throughout the day online and on the air as this story develops.

ChaCha

10-13-2010, 05:21 PM

Nodine Back in Stripes (http://www.lagniappemobile.com/articles/3856-nodine-back-in-stripes)By Kevin Lee
WEB EXCLUSIVE
OCTOBER 13, 2010

Embattled former Mobile County Commissioner Stephen Nodine was arrested and booked into Baldwin County Corrections Center Wednesday morning in connection with new charges stemming from the May 9 shooting death of longtime paramour Angel Downs.

Originally indicted in May for murder, Nodine now faces crimes of stalking and ethics violations in addition to an expanded murder charge.

“The first indictment he was simply charged with intentional murder,” Baldwin County District Attorney Judy Newcomb told press. “This grand jury has said it was either intentional murder or murder while he was committing the dangerous felony of stalking.”

Newcomb said the May 24 murder charge will be voided.

Attorneys Dennis Knizley and John Williams escorted a coat-and-tie-clad Nodine through a chain link cage and into the Bay Minette facility just after 10 a.m. The accused ex-politico was mum. Knizley questioned the new tack by prosecutors.

“With these new indictments they have developed a new alternative theory of murder,” Knizley said. “That alternative is, ‘Now we’re saying it’s intentional murder or maybe it’s not, but now it might be murder in the course of stalking.’ So what’s going on here?”

“This says the investigation has been ongoing since May,” Newcomb offered. “We have gathered even more information regarding the conduct between Mr. Nodine and Ms Downs and we have rendered this indictment so that all evidence can be presented at his trial.”

Knizley said he would file a motion to sever the murder charges from the stalking and ethics charges.

The new indictment originally carried a $350,000 bond, but the defense team and Newcomb met with Circuit Judge Charles Partin who agreed to a $100,000 reduction in that sum. However, the process begins anew.

“ We have to get another $100,000 corporate surety bond,” Knizley said. “We have to get the property owners to go back to Mobile County to have the Mobile County sheriff to approve that property to bring it over here. It’s a long, hard procedure but the conditions as far as the amount of the bond are the same.”

That would be in addition to seeking a hearing on the new charges, the bail and conditions of release. The defense’s expectations on completing the process are “hopefully by this afternoon but more than likely tomorrow.” Nodine spent the summer on federally supervised house arrest. He was allowed to leave his Midtown residence for legal, medical and religious matters. In recent weeks, unsubstantiated rumors raced through the community of the defendant being spotted jogging or downtown at various cultural events. He was also photographed by a Mobile resident in the aisles of Best Buy, a big box electronics store in Springdale Plaza. Judge Partin followed Newcomb’s latest recommendations for more restrictive confinement should he meet bail.

“Basically the same restrictions are in place, but there will be a bit more constraints about retail shopping,” Knizley said. Another new clause in the conditions: “Defendant shall not be in any establishment that serves alcohol as its primary business or reside in a place where alcoholic beverages are present.”

Both sides say they are ready to meet the murder trial on the current schedule with jury selection slated to begin Dec. 6.

“We want this case to come before a jury and a jury to decide this case,” Knizley said. “If they had this information five-and-a-half months ago, then let’s bring it up then. We’re ready for a jury to resolve these issues.”

Jury selection in Nodine’s federal firearms trial is presently set for Nov. 1 with a tentative trial date for later that month.

Nodine’s trial for drug charges in connection with marijuana and Lortabs found in his county-issued truck is presently set for Nov. 30.

ChaCha

10-14-2010, 10:28 PM

Former Mobile County commissioner Stephen Nodine freed from Baldwin County jail (http://blog.al.com/live/2010/10/nodine_freed_again.html)
Thursday, October 14, 2010, 7:03 PM
Kim Lanier, Press-Register

BAY MINETTE, Alabama -- Stephen Nodine, facing multiple charges in connection with the May shooting of his girlfriend, headed back to Mobile and house arrest late Thursday afternoon after being freed from the Baldwin County Corrections Center.
Nodine, 47, a former Mobile County commissioner, spent a night in the jail before his release today when authorities in Baldwin County approved his $250,000 bail on a new indictment served this week.
An arraignment hearing has been scheduled Oct. 22 in Circuit Court for Nodine, who turned himself in to authorities Wednesday on the new murder indictment that adds a stalking charge and an ethics violation.
His attorney, Dennis Knizley, indicated he may file a motion to separate the new charges from the murder charge. As of Thursday afternoon, no new motions had been filed, according the Baldwin County Circuit Court Clerk’s Office.
Baldwin County District Attorney Judy Newcomb dropped the previous murder indictment that charged Nodine solely with the intentional murder of Angel Downs in the wake of the three-count indictment handed down by the September grand jury.
Nodine is scheduled to go trial in Baldwin County in December. If convicted, he would face sentences of 10 years to life on the murder charge, one to 10 years for stalking and two to 20 years on the ethics violation, according to Newcomb.
The former commissioner is also expected to be tried in November on a federal charge of being an unlawful drug user in possession of firearms. Prosecutors contend that he was abusing both marijuana and Lortab while he had a pair of handguns.

ChaCha

10-14-2010, 10:34 PM

Courthouse Rumors & Whispers: Is Nodine Facing New Indictment?
(http://baldwinnewsnow.com/courthouse-rumors-whispers-is-nodine-facing-new-indictment-p40629-84.htm)
BAY MINETTE, AL: October 13 – As a Baldwin County Grand Jury continued in session Tuesday persistent rumors and whispers circulated through the courthouse that possibly as early as Wednesday former Mobile County Commissioner Stephen Nodine would be indicted on another charge related to the May death of his mistress Angel Downs, 45, of Gulf Shores.
Normally BaldwinNewsNow.com would not report on rumors in a news story but these reports – by the end of the day Tuesday – reached the level of virtual common knowledge around the courthouse.
Officials with the District Attorney’s office – when asked about the rumors – could only point out that it is unlawful for them to comment on grand jury proceedings.
Nodine’s attorney Dennis Knizely said Tuesday that he had heard the rumors but knew of no new charges or pending arrests relative to his client though legal experts were quick to point out that Nodine’s attorney would normally not know of a pending arrest or new charge.
Courthouse observers and insiders indicated that a new charge indicting Nodine for Criminally Negligent Homicide could come as soon as today. These same observers pointed out that they felt the new possible charge – if it comes – signals that the District Attorney’s Office feels their Murder charge against Nodine is weak.
Nodine is set to stand trial in November in Federal Court on gun charges and is currently scheduled to begin trial for murder in Baldwin County Circuit Court in December.

ChaCha

10-14-2010, 10:59 PM

“I Did Not Harm, Hurt, Or Kill Ms. Angel Downs” (http://www.wkrg.com/alabama/article/nodine-expected-to-post-bond-today/1084514/Oct-14-2010_7-22-pm/)
Thu, Oct 14 2010
<object width="420" height="236"><param name="movie" value="http://www.wkrg.com/news/video_external/nodine-expected-to-post-bond-today/1084514/"></param><param name="wmode" value="transparent"></param><param name="allowscriptaccess" value="always"></param><param name="allowNetworking" value="all"></param><embed src="http://www.wkrg.com/news/video_external/nodine-expected-to-post-bond-today/1084514/" type="application/x-shockwave-flash" wmode="transparent" allowscriptaccess="always" allowNetworking="all" width="420" height="236" ></embed></object><br><a href="http://www.wkrg.com/" title="Alabama Mobile News">WKRG.com News</a>

by Jessica Taloney
Published: Thu, October 14, 2010 - 2:06 pm CST

Former Mobile County Commissioner Steve Nodine called his arrest "political persecution" as he was released from the Baldwin County jail for a second time. WATCH THE VIDEO

Jessica Taloney BAY MINETTE, Alabama - 7:21 p.m.
"I want to thank the Lord, God and Jesus Christ, my Savior for the strength during these tough times. It's been a very difficult six weeks. I did not harm, hurt or kill Ms Angel Downs. I pray for her and her family. Its been a devastating loss to friends and family alike. It's been difficult for my 14 year old son ... The political persecution certainly makes you wonder how the justice system is really going on in Baldwin County."

6:30 p.m.
Former Mobile County Commissioner Steve Nodine called his latest arrest "political persecution" as he was released from the Baldwin County jail for the second time in four months.

Nodine emerged from the jail around 6:30 Thursday evening. He briefly spoke to reporters saying his ordeal has been hard on his family, especially his 14 year old son. Nodine asked reporters to respect his privacy.

Mickey Dearmon, a friend of the former commissioner, was waiting outside of the jail to pick him up.

The conditions of Nodine's release are more restrictive than his previous release last June. Nodine is wearing an electronic monitoring device and is only allowed to leave the house where he is living to go to court, his attorney's office, the doctor or church.

After Nodine's inital arrest he was allowed to leave the house for purposes approved by his probation officer.

2:00 p.m.
Former Mobile County Commissioner Steve Nodine is expected to be released from jail this afternoon after spending one night behind bars.

Nodine, who was arrested yesterday on a new murder charge, a stalking charge and an ethics violation, is in the process of posting his $250,000 bond.

The latest indictment, which accuses the ex-commissioner of threatening his long-time mistress before he allegedly murdered her, replaces the previous murder charge, which prosecutors have now dropped.

Dennis Knizley, Nodine's attorney, told News Five on Thursday morning that Nodine will use the same property that was put up last June to get him out of jail, and they will seek ought a bonding company to put up the remaining $100,000.

Nodine is accused of killing his long-time mistress Angel Downs. She was found shot to death in the driveway of her Gulf Shores condo on Mother's Day.

ChaCha

10-22-2010, 09:53 AM

(BAY MINETTE, Ala. ) - Former Mobile County Commissioner Steve Nodine is out of jail after posting $250,000 bond on murder, stalking and ethics charges and for the first time since his initial arrest six months ago, spoke to reporters.

"I want to thank God, Lord Jesus Christ my Saviour for the strength during these tough times, it's obviously been a very difficult six months," said Nodine.

Nodine also answered, for the first time publicly, the question so many had been asking, "I did not harm her or kill Ms. Angel Downs, I pray for her and her family it's been a devastating loss to all of us friends and family alike, it's been difficult certainly on my 14-year old son," he said.

Statement Analysis
Note: First person singular, past tense is strong.
Note: Angel Downs, full name used. Formal; yet later he says “us friends and family” which is closer.
Note: “I did not harm or kill”; harm is mentioned first. Since he is facing murder charges, we would not expect to hear “harm” as part of the statement. This minimization suggests deceit. Also note that “harm” comes before “kill”, which confirms the reduction.

In his prayer, he prays for “her first, then her family, but his son is last. This indicates that he is likely not close to his 14 year old son (no name) and that the “I” and his “son” are as far apart in his sentence as possible.

…. and brings up the question regarding religion (he brought the issue into the statement): would he be praying for someone deceased?

ChaCha

10-22-2010, 10:02 AM

original link (http://blog.al.com/live/2010/10/nodine_waives_arraignment_in_m.html)
Published: Thursday, October 21, 2010, 5:39 PM

BAY MINETTE, Ala. — A not-guilty plea was entered today for former Mobile County Commissioner Stephen Nodine, who waived an arraignment hearing scheduled today in Baldwin County Circuit Court.

Defense attorney Dennis Knizley said he filed the waiver and plea for Nodine, who faces charges of murder, stalking and an ethics violation in connection with the May shooting death of his 45-year-old girlfriend, Angel Downs of Gulf Shores.

The trial is scheduled to begin in December.

Nodine surrendered to Baldwin authorities in May after being indicted for murder. He was released on bail in June and placed under house arrest in Mobile.

On Oct. 13, he turned himself in at the Baldwin County Corrections Center on a three-count indictment returned by a September grand jury. He was placed back under house arrest the next day after posting bail of $250,000.

The original one-count murder indictment was dropped.

ChaCha

10-22-2010, 11:13 AM

http://wkrg.com/a/1093508
by Chad Petri
Published: Fri, October 15, 2010 - 2:18 pm CST
Baldwin County District Attorney Judy Newcomb says this case is about justice for Angel Downs, not politics.

Chad Petri BAY MINETTE, Alabama - After bonding out of jail Thursday night embattled former county commissioner Steve Nodine made a rare statement. He said he did not hurt Angel Downs and that he is the victim of, in his words, “political persecution.” I talked with Judy Newcomb about his remarks Friday. The Baldwin County DA says this case is about justice.

“Since Mr. Nodine is not a resident of Baldwin County and I'm not a resident of Mobile County I don't quite understand his comment,” says Newcomb.

Nodine attorney Dennis Knizley says his client spoke last night without consulting council. He says his client was under a lot of stress and their only interest is proving his client’s innocence. We’ll have more with both Newcomb and Knizley later today on News 5.

ChaCha

10-28-2010, 06:19 PM

I'd be interested if it was a blind plea where he basically throws himself at the mercy of the court. A desperate act to keep info out of the murder case.
I believe this was predictable. But I know Nodine didn't want to do it.

http://blog.al.com/live/2010/10/stephen_nodine.html

Former Mobile County Commissioner Stephen Nodine pleads guilty to federal gun charge
Published: Thursday, October 28, 2010, 4:48 PM by Brendan Kirby, Press-Register

MOBILE, Ala. — Former Mobile County Commissioner Stephen Nodine pleaded guilty today a federal gun charge, abruptly ending a case that was set to go to trial next week.

Nodine, 47, entered his plea in front of U.S. District Judge Ginny Granade to a charge of being an unlawful drug user in possession of firearms. As part of the plea bargain, prosecutors agreed not to seek a sentencing enhancement based on the May shooting death of Nodine’s girlfriend, Angel Downs.

Such an enhancement could have resulted in the maximum, 10-year sentence. Instead, Nodine faces a prison term 10 to 16 months, according to a preliminary calculation of advisory sentencing guidelines by the U.S. Probation Office. Granade scheduled his sentencing hearing for April.

Nodine remains on track for a Dec. 6 trial in Baldwin County Circuit Court on charges that he stalked and murdered Downs, a real estate professional who had carried on a years-long affair with him, according to law enforcement authorities.

He continues to deny those allegations, but acknowledges that he did have a pair of handguns during a period when he was using marijuana.

"I just accept responsibility for what has happened, and I apologize to (ex-wife) Kimberly and (son) Christopher for putting them through this," Nodine said on the steps of the federal courthouse.

Dressed in a navy blue suit, Nodine politely answered questions posed by Granade to ensure that his plea was knowing and voluntary.

Outside the courthouse, defense attorney Gordon Armstrong said the plea will allow Nodine to turn his full attention to defending himself against the "false charges and allegations" in Baldwin County.

"He did not shoot Ms. Downs," Armstrong said. "The evidence at the scene bears that out. The notion that he stalked her is even more ludicrous."’
Nodine was a popular, politically ambitious county commissioner when a gunshot to Downs’ head on Mother’s Day sent his career into a breathtaking tailspin. Less than an hour after discovering Downs’ body in the driveway of her Gulf Shores home, law enforcement authorities were searching for Nodine.

After learning that detectives wanted to talk with him, he had his lawyer meeting him at a restaurant on the Eastern Shore and drive him to the Sheriff’s Office, where investigators questioned him for four hours. He consistently has denied that he was with Downs when she was shot.

The next morning, Mobile County Commission attorneys Jay Ross and Mark Erwin went to check on Nodine at his home. Erwin described him as a "basket case," and Nodine gave the men a pair of pistols, including one that had been issued to him when he became a county commissioner by then-Sheriff Jack Tillman.

Although neither gun was used in the shooting, they formed the basis of the federal case. Under federal law, it is illegal for a person to have guns at the same time he is abusing drugs.

Related topics: Angel Downs, federal gun charge, murder charge

ChaCha

10-28-2010, 07:05 PM

Nodine Admits To Drug Use, Pleads Guilty To Federal Gun Charge
(http://www.wkrg.com/alabama/article/nodine-pleads-guilty-to-federal-gun-charge/1156929/Oct-28-2010_4-40-pm/)
by Jessica Taloney
Published: Thu, October 28, 2010 - 4:13 pm CST

BREAKING NEWS Former Mobile County Commissioner Stephen Nodine has pleaded guilty to a federal firearms charge.

Jessica Taloney MOBILE, Alabama - Former Mobile County Commissioner Stephen Nodine has pleaded guilty in federal court to allegations that he owned a gun while addicted to a controlled substance.

Nodine admitted to "occassional use of marijuana," according to his attorney Dennis Knizley, who insists Nodine did not know smoking pot while posessing a gun is a federal offense. "Once he realized it was a federal crime he accepted responsibility for it."

Nodine could face up to ten years in prison for the charge. His sentencing is tenatively scheduled for six months from now.

Nodine is also scheduled to stand trial in Baldwin County in December for the murder of his long-time mistress, Angel Downs. "Rest assured there will not be a guilty plea in the murder case," said Knizley.

Click here (http://www.wkrg.com/document/pdf/10-28-2010_nodine) to read details of the guilty plea.

News Five is following this breaking news story. We'll have the latest on News Five at 5 and 6.

ChaCha

11-17-2010, 10:17 AM

Nodine witness list is eclectic bunch (http://www.lagniappemobile.com/article.asp?articleID=3982&SID=1)
By Kevin Lee
NOVEMBER 16, 2010

The initial witness list for ex-Mobile County Commissioner Stephen Nodine's murder trial contain a surprising mixture of federal employees from various agencies, Mobile County employees, attorneys, a conservationist, several realtors, a victim's rights advocate and a media personality. The trial is on the December term of Baldwin County Circuit Judge Charles Partin's docket, set to begin on Nov. 29.

Nodine is charged in the May 9, 2010 shooting death of Benchmark realtor and paramour Angel Downs outside her Gulf Shores condominium.

Called by the state:

Dolly and David Gatlin- The Gatlins are owners of Gatlin Heating and Air and helped secure $150,000 in property bonds for Nodine's release into house arrest. They live four doors down from Semmes resident Mickey Dearmon, who initially offered to post bail for and house Nodine.

Jim Martin

Christene Salley- Salley was a friend of Downs' who, like Downs, worked in real estate. Salley also worked at Pelican Reef, a bar and eatery on Fowl River in Mobile County.

Dorothy Gense

Nancy Hill

Gina Williams

Roland Naseman

Carla Canale

Peggy Hightower

Ann Myers

Roger Whitehead

Aaron Pugh

Tom Dengen

Lannie Hill

Barbara Posey

Bridgette Deir

Mark Erwin- A Nodine associate who was formerly employed as a county attorney during Nodine's time on the county commission. He led an unsuccessful bid for the Mobile County District Attorney's office during the murder case's initial months.

Greg Peterson- WPMI news anchor shown on phone logs as one of the first people to contact Nodine in the hours after Downs' death.

Tina Anderson

Joshua King

Matt Green- Former Nodine defense attorney, he was counsel for the defendant from the December 2009 discovery of marijuana and Lortab in Nodine's county-issued truck until Dennis Knizley was brought in following the murder.

Jay Ross- Another Nodine associate employed as a county attorney during Nodine's time on the county commission. He and Erwin were called to the Nodine household on May 10, 2010 where they found the defendant in a state of emotional distress. They described taking firearms from the household and surrendering them to Green who delivered them to law enforcement.

Chuck Carraway

Chris McCay

Jaclyn McCarn, District Administrator/Assistant, Mobile County Commission

Bethany Kraft, Executive Director of the Alabama Coastal Foundation

Becky Gilmore

Ismael Villarreal

Kimberlee Nodine- Ex-wife of the defendant

Dr. Marshal D. Showmaker, MD of Fairhope

Dr. Richard L. Snellgrove, MD, Eastern Shore Internal Medicine

Called by the defense:

Custodian of Records, Department of Homeland Security, Mobile

Custodian of Records, Department of Homeland Security, Montgomery

Custodian of Records, National Oceanic and Atmospheric Administration, Maryland

Called by defense and state:

Custodian of Records, Rite Aid 7180, Gulf Shores, Ala.

Custodian of Records, Walgreen's, Gulf Shores, Ala.

Det. Justin Clopton

Custodian of Records, Benchmark Realty, Mobile

Ofc. Timothy T. Dennis

Ofc. Charles E. Smith

Custodian of Records, Department of Homeland Security, Robertsdale, Ala.

Custodian of Records, South Baldwin Regional Medical Center, Foley, Ala.

Cherry and Larry Simpson- Simpson is a victims' rights advocate in Mobile

Patrick L. Goff, a forensics expert

Justin E. Sanders, MSFS, Department of Forensic Sciences

Mary E. Langham, MPH, Department of Forensic Sciences

Eugene L. Hart, MD

Rob Cunningham, Benchmark Realty

Custodian of Records, National Oceanic and Atmospheric Administration, Mobile

Baldwin County District Attorney Judy Newcomb told Lagniappe the Nodine case will follow the Troy MacDonald trial on Partin's schedule. MacDonald recently entered a guilty plea and likely reduced the time required in court for a matter that originally listed close to 150 witnesses.

"I think we ought to get this around the second week in December," Newcomb said of the Nodine trial. "That sounds about right."

Newcomb also said the witness list was likely to grow from the current total of 49 since the investigation will continue until a verdict is returned. Of those, 27 were given on Nov. 2, another added Nov. 5, three more on Nov. 9 and the remaining 18 on Nov. 15.

ChaCha

11-17-2010, 07:00 PM

http://www.wkrg.com/crime/article/nodine-trial-pushed-behind-macdonald/1202632/Nov-17-2010_11-09-am/

by Jessica Taloney
Published: Wed, November 17, 2010 - 10:36 am CST
Last Updated: Wed, November 17, 2010 - 11:09 am CST
Ex-commissioner Steve Nodine will stand trial for the murder of his mistress 24 hours after another high-profile murder suspect faces a jury in the same courtroom.

Jessica Taloney BAY MINETTE, Alabama - No courtdate is set for ex-commissioner Steve Nodine's murder trial.

Instead, Nodine will stand trial for the murder of his mistress 24 hours after another high-profile murder suspect faces a jury in the same courtroom.

Troy MacDonald pleaded guilty on Tuesday to capital murder in the 2008 death of Brianna Parish, 21. Prosecutors agreed not to seek the death penalty in exchange for the guilty plea.

MacDonald's trial, which is scheduled to begin on Nov. 29, is expected to last about a week. Nodine's trial, which was scheduled for the same week, will begin one day after MacDonald's is finished.

Baldwin County District Attorney Judy Newcomb says she expects Nodine's trial to last two to three weeks. If the trial is not finished by Dec. 21, Newcomb says they will take a break for the holidays and pick back up on Dec. 27.

ChaCha

11-18-2010, 05:50 PM

Watch Video - MacDonald trial will not effect Nodine trial (http://www.fox10tv.com/dpp/news/local_news/baldwin_county/nodine-murder-trial-set-to-begin-dec-6-)

Updated: Tuesday, 16 Nov 2010, 9:30 PM CST
Published : Tuesday, 16 Nov 2010, 8:43 PM CST

Libby Amos
Photojournalist: La-Keya Stinchcomb

DAPHNE, Alabama (WALA) - Troy MacDonald's trial is set to begin November 29, which is one week before Steve Nodine's murder trial is scheduled to begin. MacDonald is the man who is accused of murdering 21-year-old Brianna Parish. There was some worry that MacDonald's trial may push Nodine's into the new year. FOX10 News learned that the possibility of a Nodine verdict in 2011 is slim.

Baldwin County DA Judy Newcomb said the MacDonald's trial should be shorter now that a plea bargain has been made.

MacDonald pleaded guilty to capital murder charges Tuesday.

"We have been spending long hours everyday since they were both scheduled for the same day and we've divided the office into two units. One is working on Troy MacDonald and one is working on Steve Nodine and I'm working on both of them, so we knew we would probably be in a position to try both of them," Newcomb said.

Newcomb said the MacDonald trial won't be easier so to speak, because the state still has to convince the jury that their evidence proves MacDonald's guilty plea.

"In some ways it makes it possible to do both trials. Before it may not have been possible to do both trials," explained Newcomb.

There is one concern among both the defense and the state in regarding the scheduling of Mr. Nodine's trial.

"The court said today that if the case went beyond December 21, which Ms. Newcomb indicated that her presentation may take more than two weeks, that the court would adjourn until Dec 27. We are looking forward to trying this case on December 6," Dennis Knizely, who represents Nodine said.

"I think it was a little unusual he (the judge) had it planned to that detail," Newcomb said.

Newcomb also said she is concerned that seating a jury will be harder to do because the trial is so close to the Christmas holidays.

"I think the hardest thing is going to be getting a jury that can be focus on the trial the closer we get to Christmas. We generally don't like to do any trials the closer you get to Christmas because people have either one, they are taking off and they are going to travel or two, they have besides their job that have other tasks they are trying to take care of with their family so it's hard to concentrate on being a juror. So I would anticipate that the fact we are going so close to the holidays may make picking a jury somewhat harder," Newcomb said.

The defense and the district attorney's office have been in close communication recently. They have shared discoveries and source information with each other in preparation for the December 6 trial date.

"There's been considerable communication between the district attorney's office and ours. We have exchanged a lot of electronic discovery. I have visited Gulf Shores Police Department last week and spent three hours over there looking at physical evidence. They've been cooperative. There is more we want to get and other sources we are trying to get information from. They have been cooperative and we've worked with them," added Newcomb.

FOX10 News has learned that because Nodine is charged with murder and not capital murder, there is no chance that the jury will be sequestered during the trial.

Newcomb said Nodine's murder trial will start during this trial term. In fact, the judge has set it to begin 24 hours after the MacDonald trial ends.

ChaCha

12-08-2010, 03:21 PM

http://www.dipity.com/timeline/Steve-Nodine/

http://www.facebook.com/#!/SupportJusticeforAngelDowns (http://www.facebook.com/#%21/SupportJusticeforAngelDowns)

http://www.facebook.com/#!/pages/Mobile-AL/Lagniappe/64384032316 (http://www.facebook.com/#%21/pages/Mobile-AL/Lagniappe/64384032316)

http://twitter.com/WKRG_Jessica

http://twitter.com/ChasityByrd

http://twitter.com/LOCAL15NEWS

ChaCha

12-08-2010, 03:53 PM

Cameras will no longer be allowed to shoot video through the window of the courtroom. 1 minute ago (http://twitter.com/WKRG_Jessica/status/12606516037156864) via Twitter for BlackBerry® (http://blackberry.com/twitter)
Apparently one of the TV stations showed the graphic pictures of Angel Downs body on the internet. 4 minutes ago (http://twitter.com/WKRG_Jessica/status/12605945163026432) via Twitter for BlackBerry® (http://blackberry.com/twitter)
Judge announced he is recessing court early.

ChaCha

12-10-2010, 04:19 AM

ChaCha

12-10-2010, 01:58 PM

Nodine murder trial recesses for lunch (http://www.fox10tv.com/dpp/news/crime/day-5-of-nodines-trial-begins-friday)

Fox 10 TV Updated: Friday, 10 Dec 2010, 12:17 PM CST
Published : Friday, 10 Dec 2010, 8:56 AM CST

Day 5 begins expert on the stand.

Alabama medical examiner says Angel Downs suffered 'contact gunshot wound' (http://blog.al.com/live/2010/12/alabama_medical_examiner_says.html)

Published: Friday, December 10, 2010, 10:01 AM Updated: Friday, December 10, 2010, 10:04 AM

ChaCha

12-10-2010, 05:52 PM

BAY MINETTE, Alabama -- Angel Downs was sitting on the ground, her legs crossed and her head bent down, when she was shot by someone else, a forensic expert testified this afternoon in the murder trial of Stephen Nodine.

Dr. James Downs, a Georgia medical examiner and private consultant, said the blood stains at the scene of the May 9 shooting was consistent with a homicide.

Downs, who is not related to the victim, was asked to show the jury how he believed the victim was positioned. He sat cross-legged on the courtroom floor and bent his head down and to the left. Clipped for length click here to read (http://blog.al.com/live/2010/12/angel_downs_death_was_killed_b.html)

ChaCha

12-10-2010, 06:37 PM

http://www.wkrg.com/alabama/article/nodine-murder-trial-medical-examiner-testifies/1203215/Dec-10-2010_2-53-pm/

by Jessica Taloney (http://www.wkrg.com/staff_bios/bio/43/) | 12256 views
Published: Fri, December 10, 2010 - 8:45 am CST Last Updated: Fri, December 10, 2010 - 2:53 pm CST
A forensic expert hired by the state told jurors that Angel Downs' head was between her legs when she was shot.

http://media.wkrg.com/images/scaled/images/member_photos/photo_43-125x126.jpg (http://www.wkrg.com/staff_bios/bio/43/)
Jessica Taloney
BAY MINETTE, Alabama - 1:30 p.m.
Jurors heard testimony Friday from two forensic experts with different opinions about Angel Downs' death

Dr. Eugene Hart, the state medical examiner who performed the autopsy on Downs' body, testified that his initial opinion was that Angel Downs' death was a suicide, but acknowledged he could not rule out homicide so he wrote 'undetermined' as the manner of death on his autopsy report.

Hart, who told jurors he did not examine Downs' body for defensive wounds, noted several small abrasions on her right hand.

District Attorney Judy Newcomb, clearly not satisfied with Dr. Hart's findings, hired a second forensic expert, who was also called to testify Friday.

Dr. Jamie Downs, no relationship to the victim, testified that based on his review of all of the state's evidence including Dr. Hart's autopsy report and photographs, he believes Angel Downs did not shoot herself.
Clipped for length

ChaCha

12-10-2010, 08:11 PM

http://media.al.com/mobile-press-register/photo/9101239-small.jpg

Stephen Nodine's jury hears conflicting reports on Angel Downs' death (http://blog.al.com/live/2010/12/stephen_nodines_jury_hears_con.html)

Published: Friday, December 10, 2010, 6:15 PM Katherine Sayre, Press-Register (http://connect.al.com/user/ksayre/index.html)

BAY MINETTE, Ala. — An assailant shot Angel Downs with a gun pressed to her right temple as she sat on the ground, her legs crossed and her head bent down, one medical examiner told a jury today.
But moments earlier, the jury in Stephen Nodine’s murder trial heard a different assessment of his longtime girlfriend’s death. An Alabama medical examiner testified that Downs’ death was “consistent with suicide.”

Nodine, 47, a former Mobile County commissioner, is standing trial on charges of murder, stalking and misuse of his government-issued truck. Downs, 45, was shot to death outside her Gulf Shores on May 9.
The defense has maintained her death was a suicide and that she was alive when Nodine left her house that night.
Dr. James Downs, a Georgia medical examiner and private consultant, was hired by Baldwin County prosecutors to review the autopsy after the Alabama medical examiner issued a report that was inconclusive.
Downs said he found evidence of defensive wounds on one hand and blunt force trauma to her head, indicating she’d been struck with something.
Angel Downs was found lying on her back with her hair fanned away and upward from her head.
Dr. Downs testified that Angel Downs, sitting on the ground, slumped forward after she was shot. Prosecutors had Dr. Downs sit on the courtroom floor and show jurors how the victim was sitting.
Someone at the scene then pushed her onto her back and slightly dragged her a short distance down the driveway, leaving abrasions and causing her hair to spread out, the forensic expert testified.
“It’s in an unnatural position,” Downs said. “I would refer to it as partially staged.”
“What would it take for someone to partially stage something?” asked Baldwin County District Attorney Judy Newcomb.
“It could be a fraction of a second,” he replied. “It literally could happen in the blink of an eye.”
Downs said the first autopsy report failed to point out some abrasions and other marks that he discovered in reviewing photographs. He said blood was found underneath her skirt, which indicated that she was bent over, rather than standing up.
At one point, defense attorney Dennis Knizley got on the courtroom floor in his suit and cowboy boots. He sat with his legs bent and held a plastic gun to his right temple. He then fell onto his back and asked the forensic expert on the witness stand whether that’s what happened when Downs was shot — but the forensic expert insisted she fell forward.
Knizley asked the doctor why someone would change the scene.
“I wasn’t in the shooter’s mind to know how the shooter was thinking,” Downs said. “I do know what the shooter did.”
“You don’t think that shooter would have some blood on them?” Knizley asked.

Former Mobile County Commissioner Stephen Nodine is pictured in Judge Charles Partin's courtroom at the Baldwin County Courthouse Monday morning, Dec. 6, 2010, in Bay Minette, Ala., for his murder trial. Nodine is accused of fatally shooting his longtime girlfriend, Angel Downs, in the driveway of her Gulf Shores home on May 9. He also faces stalking and ethics charges. Photo taken through a glass panel of a door. (Press-Register, Mike Kittrell)
“No sir, I don’t see any reason, necessarily, they would,” the expert replied.
Investigators have said no blood was found inside Nodine’s pickup truck or on his clothes. Detectives also could not pull any fingerprints from the 9mm gun found near the body.
Outside of court, Knizley said Downs’ account of what happened is “physically impossible” and evidence on the scene is “inconsistent, totally, with his suggestions.”
Knizley suggested in his questioning that Downs, in his work as a private consultant, had never been hired by a criminal defendant, and that he’d only worked for prosecutors. Downs, who is being paid $400 per hour, insisted that “the truth is the truth” and he doesn’t work for one side or the other.
During the cross-examination, Circuit Judge Charles Partin said the trial would have to end early for the day because of a situation “beyond the court’s control.”
Attorneys wouldn’t comment on why the session ended. Partin said the trial will continue Monday, but because of a scheduling conflict, Dr. Downs will return later in the trial.
Earlier in the day, Dr. Eugene Hart with the Alabama Department of Forensic Sciences, testified that he performed the initial autopsy on May 10 and determined that the evidence was “consistent with suicide,” although that wasn’t his final finding.
He said because he couldn’t rule out homicide, he issued an inconclusive report.
Both medical examiners have agreed that a gun was pressed against Downs’ head and the gunshot killed her. Hart pointed to the fact that the gun was found lying next to her body, which is typical in a suicide.
“I can’t prove that someone else didn’t put the gun to Ms. Downs’ head,” Hart testified. “I can only say the findings are consistent with suicide.”
Hart said he told investigators about his findings, and they asked him to reexamine parts of her body. He said his second exam didn’t change his findings.
He added that he didn’t find any evidence consistent with homicide, and he considered a previous suicide attempt by Downs in his findings.
Downs was taken to the hospital on Oct. 31, 2006, in what police at the time called a suicide attempt, although her family disputed that characterization.
Prosecutors have said that Hart has only four years of experience, while Downs is a nationally recognized expert who was Alabama’s chief medical examiner before moving on to Georgia.
Nodine and Downs, who had a six-year affair, had spent May 9 at Pensacola Beach, according to earlier testimony. The defense says that he went to her home after discovering he’d left his wallet there, and she was alive when he drove away.
Her sister has testified that on that day, Downs, who had a stormy relationship with Nodine, called her to ask where on the body she should shoot an intruder. Then, minutes before she died, Downs sent a text message to her sister that “Stephen Nodine is here.”

ChaCha

12-11-2010, 10:31 AM

Medical examiners offer opinions to wrap up first week of Nodine trial (http://www.lagniappemobile.com/article.asp?articleID=4035&SID=1&utm_source=Lagniappe+Magazine+Newsletter&utm_campaign=53b476733d-Lagniappemobile_com2_13_2009&utm_medium=email)
By Kevin Lee
DECEMBER 11, 2010

The first week of Stephen Nodine’s murder trial wrapped up in a day that featured a pair of medical examiners, thrusts and parries between the defense and an expert witness, a pair of men lying on the courtroom floor with a wooden gun and another early adjournment. The former Mobile County Commissioner is accused of killing longtime paramour Angel Downs by shooting her in the driveway of her Gulf Shores home on May 9.

As if proceedings weren’t somber enough, the day began on an unexpected note when a juror was excused due to the death of his mother the night before. Originally, the group of 14 were chosen for duty with the intention that the pair of alternates would sit in with the original dozen and the identities of each would be withheld from them until deliberation began. That number leaves us with only one possible alternate.

The morning’s first matter revolved a motion for discovery and divulgence that the defense planned on adding a retired forensic pathologist, Dr. Lauridsen, to their witness list. The contentious hearing included defense attorney Dennis Knizley telling the court "it’s a matter of courtesy that we’re letting them (the state) know about this.”

When Baldwin County District Attorney Judy Newcomb interjected to make a point, Circuit Judge Charles Partin cut her off.

"I was speaking,” Partin asserted loudly and sternly. "Don’t interrupt the court.” Moments later, Downs’ sister Susan Bloodworth was escorted from the courtroom in tears.

First to the stand was State Medical Examiner Eugene Hart, one of three in Mobile. He described his duties investigating "sudden unexpected deaths” and said in the lack of an elected coroner for Mobile County, his "boss acts as coroner.”

"Baldwin County sends us bodies, too,” Hart added.

"Does Mobile County pay for your services?” Newcomb asked.

"I’m not aware of the finances,” Hart said. He then recited his qualifications, his medical degree, training in general pathology and forensic pathology, the last a sub-specialty he developed in Houston in 2004 – ’05. He had no articles or published works.

Hart said the Mobile lab rents space from University of South Alabama Medical Center and cover eight counties worth of autopsies. He said they also run the morgue, along with a firearms and drug chemistry section. Hart said the toxicology section recently closed and that there’s no handwriting analysis or trace evidence sections.

Hart told the court he performed the May 10 autopsy on Downs. With that note, Newcomb switched on a projector and autopsy photos of Downs flashed on the wall. Her ex-husband, Chris Downs, turned his head at the grisly vision. Hart described his measurements of the deceased, his establishment that she was 65 inches tall and 115 pounds.

"If the cause is traumatic, we do one (an autopsy),” Hart said. "If the cause is undetermined, we do an autopsy. That cause varies from case to case.” He said they normally don’t get a body from another county unless asked by their district attorney requests it.

The examiner’s autopsy appeared on the wall as he described his notations, the marking of wounds and circles drawn for the EMT’s electrodes that were still glued to Downs. Alongside a full body diagram was a similar outline of the head with an entrance wound on drawn on the right side of the head and another, smaller exit wound on the left.

Hart said he pulled out a length of hair and measured it at 15 inches. Newcomb mentioned a second exam that placed it at 21 inches and Hart allowed for the variance.

An x-ray of Downs’ head was shown then Hart walked through the preparations for autopsy, the undressing of the body, removing bags from hands, photographs and the cleaning of the body. More photos appeared, one showing a small cut on Downs’ right thumb and another of Downs’ shaved head and the bare gunshot wounds. The entrance was gaping, a ragged hole reaching upward with a semicircular wound at its base. Her family members averted their eyes, save her mother who was being comforted by those flanking her.

Hart told the court the injury was consistent with contact gunshot wounds. He described the lower mark as a curvilinear abrasion consistent with a hard contact wound.

When talking about the bullet’s path through skin, muscle, skull and brain, Hart talked about the gas pushed in front of the round that created the jagged wound on her right temple. He went on to say there was no stippling but soot on the bone, indicators the muzzle was pressed hard against her head.

Hart told about a second autopsy requested to look at specific points, namely the back of her head and the sub-scalpular contusions there. In his opinion, it could be attributed to a fall after her death.

Hart acknowledged that he didn’t examine for defensive wounds or perform full-body x-rays in the first exam. There were lack of nail clippings taken in that initial work. He said there was no bruising or abrasions noted either.

He identified a silver necklace Downs wore saying there was no alteration or damage to the jewelry in any way. Her stomach contents were simply what Hart surmised were the remains of tomatoes. He found no capsules or tablets and turned blood over to toxicology. Those toxicology reports indicated the presence of Xanax, Ambien and amphetamines and a high level of alcohol.

Downs’ hands were not swabbed because it was not requested. Hart didn’t recall receiving the bone fragments found to the left of her body.

During the 9:45 a.m. recess, others milled about the halls. Hart paced the floor in silence next to the jury box.

The medical examiner found it easy enough to determine the cause of death as the gunshot wound. The manner of death he listed as "inconclusive.”

Knizley’s cross-examination derived that Gulf Shores Police Detective Justin Clopton, the investigating officer, was present during the autopsy. Hart also told him the body was received back for the second exam days after the original and after the body had been to a funeral home.

Hart told Knizley there was no evidence of blunt force injury and no abrasions or breaks in the skin on the first look. The second exam, requested by the D.A., showed some blunt force injuries to the right hand that included abrasions on the knuckle of the index finger and the second joint of the middle finger. He didn’t characterize them as defensive wounds.

The forensic specialist classified the lividity – caused when blood pools in the body’s lowest points after the heart stops – in the back as "unremarkable.” The fingernails, he said, revealed nothing notable.

Hart told Clopton the manner of death was consistent with suicide but wrote "inconclusive” on his report. He said the weapon’s proximity to the body was indicative of suicide, especially combined with Downs’ 2006 attempt via overdose. The second exam, in his opinion, did nothing to change that and he pronounced it as inconsistent with homicide.

On re-direct, Hart told Newcomb he couldn’t exclude the cause of some injuries as a result of her falling. He said Downs’ heart would have beat for a minute or two and bruising could have occurred then. He called it "common for bruising to the back of the head in the event of a fall.”

The blood spatter on Downs’ legs? "I don’t know, it’s outside my area of expertise,” Hart said. He said lividity would reach its maximum within 24 hours and that there wouldn’t be any of it on higher points due to gravity’s effect. Hart exited the jury box after nearly two hours of testimony.

The state called Dr. James Downs – no relation to Angel Downs – to the stand. Bespectacled, bearded with bowtie and briefcase, the doctor’s demeanor seemed professional and professorial. An expert witness hired by the state at $400 an hour, Dr. Downs traveled from Savannah where he is Coastal Regional Medical Examiner for the state of Georgia. Newcomb gave his lengthy curriculum vitae, a recitation that included two decades of experience including a lengthy stint in Mobile in the same role and FBI training.

When asked his areas of expertise, he noted that though he wasn’t classified as a blood spatter expert, his training made his evaluations in that area "over and above the average.” Knizley objected to Dr. Downs’ admission as a blood spatter specialist and a bench conference resulted in a ruling that denied the specificity but retained the status.
Dr. Downs said his research for the case involved scouring the complete autopsy and crime reports, a visit to the scene with officers, reports from EMTs, body cam footage, the 9mm Kel-Tec handgun and its analysis and site analysis. Though he didn’t examine the actual body, he said he had worked many times under similar conditions.

Immediately, the doctor focused on photos of the scene and Angel Downs’ hair, "splayed out” as he said. He pointed out the EMTs squatting rather than kneeling, a change one testified he made with the hair in mind. His laser pointer circled spots of blood on the concrete to Angel’s left, the sole strands of hair across her face, the blood on her upper left chest.

"The left leg is of primary importance,” Dr. Downs said. He points to the spatter on the thigh, calf and knee, noting its "directionality.” He said the knee and thigh had no injury; the blood didn’t come from that. He thought the head wound was the obvious answer but the angle of the splotches would put Angel’s head near her left knee.

The doctor turned to an "out of place blood drip on the left cheek” flowing from her ear to her mouth. He maintained should have run the other direction had she been lying on her back.

Downs’ returned to the leg and noted the upward scattering of drops on her thigh. He explained about "shadowing,” about drops that can’t go around materials blocking a straight path. He believed for the drops to end up beneath her skirt, her head would have had to been closer to her knee.

Downs turned his attention to what he saw as defensive wounds. He noted the abrasions on the right hand. He drew a connection between the nick on the thumb and fingernail marks.

The doctor pointed out bruising on the second and third knuckles of the left hand, something that he said couldn’t be attributed to lividity since the knuckles are protuberances. "The lividity would have been in the low point, in the valley between there,” he said.

Downs looked at the hard contact wound and explained its cause from the sliding mechanism on the weapon. He said it left no doubt where the entry point was.

Partin recessed for lunch. The first image greeting the court afterward was a photo of Angel Downs’ open head.

Knizley also requested his expert witness, a seeming rebuttal to Dr. Downs, be allowed to step into the court rather than be excluded as is customary with other witnesses. The bench granted it and Dr. Lauridsen was allowed to stand in a corner next to the door, about the only spot left in the full courtroom.

Downs addressed the a sub-scalpular clot of blood. "In my opinion, she was struck,” he said. "It was blunt force trauma.”

"I found injuries consistent with abrasions on her upper back in the vicinity of her scapula,” he continued, noting other linear gouging on her lower outside left thigh. He matched them with other abrasions on her lower back.

Newcomb asked Downs what the point of his fee was, what they asked for.

"The Baldwin County D.A. asked me to look at a difficult case and render an opinion on whether it was homicide or suicide,” Downs said.

Downs went on to look at her blouse, pointing out a seam pulled apart in two spots. He showed a photo of a button from the back left side of her skirt with gouging around its edge. He perused the surveyor’s rendering of the driveway.

Downs said Dr. Hart didn’t record every single injury as he did later. "I concur with his autopsy,” Downs said. He complimented the recording of data.

The doctor then looked at Angel’s right hand, pointing to the blood spatter on the webbing between thumb and forefinger. "There’s an absence of object or shadowing,” Downs said. "It’s like the little boy with his finger in the dike; you’re plugging the hole with the muzzle, as established by the hard contact wound.” He thought the spatter impossible while holding a gun and therefore concluded she must not have been firing at her own head from the right hand side.

"The blood evidence is not consistent with suicide,” Downs pronounced. "The blood evidence is consistent with homicide.” He said the drug levels in her blood would make an attack easier.

The doctor mentioned blood droplets over her left shoulder that had no directionality. He also looked at spots outside her left calf.

"This doesn’t fit the circumstances of her death,” Downs said. "It was partially staged. That staging wouldn’t have to be extensive. It could take a few seconds and be done in the blink of an eye.

At the state’s behest, Downs left the witness stand with a wooden gun in hand to show the presumed position of Angel at the time of her death. He sat on the floor and muttered "I’m getting too old for this” as the entire courtroom shifted. The gallery flowed to the left. The jurors stood in the box and craned to see near its base.

Once on the floor, he crooked his left knee, saying her other leg could have been straight or bent "Indian style.” He put the wooden gun to his right temple and bent his head over to his left knee.

"There is an overabundance of evidence to rule this case a homicide,” Downs said after returning to the witness stand.

As the court settled down, Nodine stared blankly at the display he had witnessed. He turned and stared straight ahead for a few minutes, the brought his hand to his chin and watched.

Following a short recess, Knizley stood for cross-examination. The men exchanged pleasantries and mild recognition attributed to crossing professional paths in years past.

"Tell me about the ‘Little Boy in the Dike’ theory,” Knizley asked.

"I don’t know what you mean,” Downs said. "I didn’t say that.”

Knizley’s eyebrows arched. "You didn’t say that?” he asked and crossed toward the court reporter. "You didn’t say that just a while ago?”

"No sir, what I said was the ‘little boy with his finger in the dike’ and I don’t believe I used the word ‘theory,’” Downs answered. Knizley smiled almost imperceptibly.

The attorney unfurled his skills. He stopped looking at the witness stand, took up position squarely in front of the jury box and faced its occupants.

Knizley went on to touch on the gas tears that created the larger entrance wound, the bursting of tissue and ostensibly fluid. "Shouldn’t that blood be all over the person holding the gun?” he asked. Knizley expressions grew more animated.

"Not necessarily,” Downs said. He was undaunted.

The attorney called up the picture of the blood spatter on Angel’s right hand. "What do you see here?” he asked. He took his pen and traced a line connecting splotches together along the interior of her thumb. "Is that kind of a crescent shape? Couldn’t that be caused by a hand gripping the gun?” Knizley said and nodded vigorously at the jury.

"I don’t think so, no,” Downs said.

Knizley then walked out to the spot where Downs knelt previously. "Let me see if I’ve got this straight,” he said as squatted. As he sat on carpet, he scooted slightly back and forth, seemingly looking for the right spot, grunting when he moved.

Stiffly he twisted up in a similar position. "Is this right?” he asked, pulling the gun up toward his head as he appeared to have no luck getting his head near his knee.

Once again, the entire court shifted to watch the display. Downs left the stand and stepped over, standing behind Knizley and pushing him into position with a hand and knee on his shoulders.

"Right here?” he asked as Downs agreed. "Then why is there no bullet mark in the concrete?” Downs had little answer.

"Why is there no blood on the shooter?” Knizley asked again.

"Her body could have been in the way,” Downs said, looking at the jury. "Remember the wound we saw in the photo was fully exposed because the head was shaved for the autopsy. When she was shot, that wound was covered by thick, long hair.”

The attorney changed tacks and addressed the witness’ defense, asking whether he worked "for both sides.” Downs asked for specifics and received them.

"I don’t testify for a side. I testify for the truth,” Downs told the jury. "I don’t have a dog in this fight.”

Knizley shifted again, asking Downs if he agreed with Dr. Hart’s previous report. When Downs began elucidate, trying to say he agreed with the cause of death but not the manner, Knizley stared at the ceiling, eyes darting. He interrupted the witness and asked again.

"They supplied sufficient documentation to render and opinion otherwise I couldn’t have done it,” Downs said.

Knizley asked again. Downs began again. Knizley asked the bench to direct the witness and stared upward again. "You seem to talk a lot,” Knizley shot.

"Let’s move on,” the judge intervened.

When Knizley questioned the time the button was scratched, Downs countered with his belief that an earlier scratch would have shown signs of wear and filth.

When Knizley grabbed the plexiglass holding blouse and stood it on the edge of the jury box, he called Downs from the stand. Together they searched the blouse for the torn seam, trading barbs.

"Couldn’t that tear have been from earlier?” Knizley offered.

"There would have been fraying on the tear,” Downs countered.

Judge Partin stepped in with a short recess but upon reconvention told the room a " matter beyond the control of the court” created a need for early adjournment. He also notified that Dr. Downs wouldn’t return for the remaining cross-examination

As Partin spoke, Downs stood slightly behind Knizley. In low tones they shared smiles and nods of apparent enjoyment and appreciation.

Court reconvenes Monday, Dec. 13 at 8:30 a.m.

ChaCha

12-13-2010, 04:54 PM

Stephen Nodine, Angel Downs quarreled day she died from gunshot, friend says (http://blog.al.com/live/2010/12/nodine_and_angel_downs_quarrel.html)

BAY MINETTE, Ala. – Stephen Nodine and Angel Down quarreled during a beach outing the day she died from a gunshot wound, an acquaintance of the couple testified this afternoon.

The testimony of Derik Hare contradicts Nodine’s statement to Baldwin County sheriff’s investigators that he had a good but uneventful day with Downs at Pensacola Beach on May 9.

Hare, who lives in Milton, Fla., told jurors at Nodine’s murder trial that Downs and Nodine arrived about 15 minutes after he did. He testified that Downs was “very chipper and happy” and told him something about no longer being afraid of Nodine.

When defense attorney Dennis Knizley asked Hare if he understood Downs to be describing herself as physically afraid of Nodine, Hare responded, “Not that day.”

Hare said that later that day, Nodine and Downs began to argue.

“Things were rubbing him wrong and he said, ‘We’ll talk about that later,’” Hare said of Nodine, who was a Mobile County commissioner at the time.

In the months following Downs’ death, Hare testified, Nodine called him three different times. He testified that on the second call, which lasted 40 minutes, Nodine revealed surprising details about the circumstances of that day.

Hare said that Nodine told him the Downs was drunk, drove them part of the way home, and insisted on continuing behind the wheel after they stopped at a gas station. That contradicts Nodine’s statement to investigators that he drove both ways.

Hare testified that Nodine also made a point to tell him that he forgot his wallet at Downs’ Gulf Shores condo that evening and that it was in a different place from where he usually left it when he was there.

Hare testified that after 15 or 20 minutes, he had his wife listen in on the call. At one point, he said, Nodine told him that Downs pleaded with him, “Please don’t leave; please don’t leave.”

Hare testified that he does not remember whether Nodine was referring to the first time Nodine was at Downs’ condo or after he returned.

ChaCha

12-14-2010, 07:47 AM

The latest news updates can be found on Dipity http://www.dipity.com/timeline/Steve-Nodine/

All articles below are clipped for length you can click links and read.

Stephen Nodine murder trial: Jurors hear 911 tape
Published: Tuesday, December 14, 2010, 5:00 AM
Brendan Kirby, Press-Register
http://blog.al.com/live/2010/12/acquaintance_testifies_that_no.html

BAY MINETTE — A lawyer for murder defendant Stephen Nodine grilled a private forensic expert for a second day Monday, and jurors heard a recording of the 911 call placed by a neighbor of shooting victim Angel Downs.

Also, a man who described himself as a “beach acquaintance” of Nodine and Downs offered testimony that contradicted details the defendant gave to law enforcement investigators on the night Downs died.

An acquaintance of the couple, Derik Hare, told jurors that Downs was “very chipper and happy” but that she and Nodine began to argue later that day.

Hare also testified that Nodine called him sometime after Downs’ death, surprising Hare with a lengthy account of that fateful day — including details that contradicted what he told investigators.

Hare testified that after 15 or 20 minutes of the 40-minute phone call, he had his wife listen in. At one point, Hare said, Nodine told him that Downs pleaded with him, “Please don’t leave; please don’t leave.”

Murder Trial of Former Commissioner Steve Nodine: Day 6

Reported by: Local 15 News Staff
Email: local15@local15tv.com
Published: 12/13 9:15 am
http://www.local15tv.com/news/local/story/Murder-Trial-of-Former-Commissioner-Steve-Nodine/y7ownBMpFECXHTk4HV9MYQ.cspx

(BAY MINETTE, Ala.) - The state's star witness forensic pathologist Dr. James Downs was called back to the stand Monday as former Mobile County Commissioner Steve Nodine's murder, stalking and ethics trial entered its second week.

Dr. Downs, no relation to Angel, is the one who told the jury he thinks Angel was murdered and then moved. He says the strongest indicator is how Angel's long hair was fanned above her head.

"She had to be moved down because your hair doesn't typically stand up like the Bride of Frankenstein," the forensic pathologist said.

UPDATE 4:15pm - Next on the stand was Baldwin County Sheriff's Office Investigator Andrew Ashton.

Ashton says he went to Don Carlos Restaurant to obtain any video from that evening. He says there were multiple cameras recording, including one focused on the bar. Nodine was captured on video.

Video is shown to jury. First video shows Nodine walking in wearing a polo shirt, shorts and flip flops. Nodine is shown sitting at the for 25 minutes, leaves just after 9 pm. Video shows Nodine getting up and leaving for approximately 55 seconds, then returning to the bar.

Nodine ordered water or coffee at the bar, then returns on camera at 9:10pm.

Nodine appears to be on his cell phone when walking back to the bar. He leaves again after 5 minutes, and appears to be on the phone as he is leaving Don Carlos at 9:16pm.

UPDATE 4:04pm - A dispatcher for Baldwin County 911 took the stand Thursday afternoon. A call placed to 911 was played in court.

UPDATE 3:33pm - Baldwin County Major Anthony Lowery took the stand next.

UPDATE 2:38pm - The next witness on the stand is Derek Hair, who knew Nodine and Downs from Pensacola beach. He says he also went to Bayfest and New Orleans with Nodine and was on the beach day Downs died

UPDATE 1:40pm - Testimony after lunch has focused on Dr. Downs's opinion that Angel Downs was killed by someone else, not at her own hand. DA Judy Newcomb asked the doctor if suicides are normally done in the open or alone, to which the doctor answered, most happen in secluded areas, where there is privacy.

UPDATE 12:12pm - Before breaking for lunch the cross-examination of Dr. Downs focused on his opinion that the scene was staged. Dr. Downs testified he believes Angel Downs's body had to be moved down, creating the fan-like appearance of her hair. He said, "body had to be moved down because hair doesn't stand up like bride of Frankenstein."

UPDATE 11:30am - Dr. Downs, Director of Alabama's Medical Examiner's Office, returned to cross-examination that started Friday.

UPDATE 10:49am - Baldwin County District Attorney's Office Investigator Warren Stewart was the fourth witness of the day called to the stand.

UPDATE 10:10am - The third witness of the day was Brad Burks, a Baldwin County Sheriff's Investigator.

He was questioned about the gun that killed Angel Downs, saying the gun does not appear to have been dropped on a hard surface. Burks testified he doesn't know if a hand could have cushioned the gun, preventing marks from happening.

Week 2 of Nodine murder trial begins
Published : Monday, 13 Dec 2010, 8:48 PM CST
Fox10tv.com
http://www.fox10tv.com/dpp/news/local_news/baldwin_county/week-2-of-nodine-murder-trial-begins

* Libby Amos
* Photojournalist: Eric Lowe

BAY MINETTE, Alabama (WALA) - Jurors in the Steve Nodine murder trial heard a 911 call that was made right after Angel Downs was shot in the head. The caller told the dispatcher the person with the gun took off in a red pick-up truck.
During the majority of the late afternoon, jurors heard testimony from Baldwin County Sheriff's Deputies, and the dispatcher from 911 who directed the call from a neighbor who found Angel shot in the head.

Monday, the dispatcher of the call testified.

Dispatcher: Was it accidental?

Neighbor: No, I don't think so.

Dispatcher: Is the person still there with the gun?

Neighbor: No, he took off in a red pick-up truck.

Later in the call, the neighbor verified that he heard the shot and then saw the red pick-up drive away, and that a gun was laying next to Angel. In the 911 call the neighbor said he thought the man driving away was Steve Nodine.

Please click on links to read complete articles as they have been clipped for length.

ChaCha

12-14-2010, 10:16 AM

http://www.lagniappemobile.com/article.asp?articleID=4037&SID=1&utm_source=Lagniappe+Magazine+Newsletter&utm_campaign=bccbe89016-Lagniappemobile_com2_13_2009&utm_medium=email

The second week of Stephen Nodine's murder trial began with a quicker pace, a return witness and video footage of the defendant at a restaurant only an hour after his girlfriend's death. The former Mobile County Commissioner is accused of shooting realtor Angel Downs to death in the driveway of her Gulf Shores home on May 9.

The first state's witness of the day was Timothy McSpadden, a firearms specialist from the Alabama Department of Forensic Science who cited a resume including a degree in drug chemistry, training with the FBI and ABI and testimony as an expert witness 40 times. McSpadden told of evidence he examined, including Downs' hair, a Kel-Tec 9mm handgun and a cartridge casing of the same caliber.

After firing the pistol and analyzing the casings under a microscope, McSpadden determined the found casing was from the weapon found at the scene. He also examined the hair, taken from Downs' autopsy, under a stereo microscope and found no gunpowder particles.

McSpadden went on to explain the science behind primer residue and said it was no longer a standard test due to the number of false positive and false negative results encountered. Within three hours, the residue can fall off someone's hands or be washed off with ease. He said those state guidelines also followed FBI guidelines and that Scientific Working Group for Firearms and Toolmarks (SWGGUN) has the same guidelines.

"Some departments do it," McSpadden said, "some don't. Some states do it, some don't."

According to McSpadden, the kits distributed for residue tests are likewise unreliable since the nitrates that trigger positive tests can be found in fireworks, fertilizer and otherwise everyday products.

Defense attorney Dennis Knizley asked McSpadden from what side of Downs' head the hair sample was cut. The witness was unsure. He then questioned McSpadden's statement that the FBI doesn't use GSR testing as well as the recommendation from SWGGUN.

"I do not believe they comment on GSR testing," McSpadden said of the latter group.

"We don't have the issue of transfer here, do we?" Knizley asked since Downs wasn't mobile after shots were fired.

"Her hands would have had primer residue whether she fired the weapon or not," McSpadden said. The defense attorney also postulated that had the defendant been at the scene, his steering wheel would have had residue as well and that none was found.

Baldwin County Coroner Stan Vinson was sworn in and talked of his 17 years in the department. He was appointed to head the department by Gov. Bob Riley following the death of his predecessor.

Vinson said he only touched Downs' body after preserving the scene through photography. He also verified that officers Maliska and Clopton were present when he arrived at 9:45 p.m. and their assistance in helping him bag the hands of the deceased and place her into a body bag. They rolled Downs over to look beneath her. He said they also retrieved bone fragments to the left of the body and dropped them into the body bag.

When asked if anything caught his eye, Vinson said her right knee had both blood and hair on it "as if she had kneeled in it" and that the blood on her left leg was "going up the leg under her skirt instead of going down." He also said her hair "didn't look as if she fell."

Knizley asked Vinson if the EMTs were present when he arrived. He said they were gone, though he saw evidence of their work in the IV and electrodes pasted to Downs. He said he wouldn't have known had the first responders stepped in blood or moved the body.

Vinson admitted to Knizley he wasn't a blood spatter expert and there was nothing unusual about the blood drain.

Brad Burks took the witness stand next and cited more than a decade as a certified firearms instructor and analyst, with a seeming specialty in the mechanics of weapons. Burks said he not only examined the 9mm handgun but also visited the scene.

Burks explained the found casing as being 12 feet from Downs' body and said it was consistent with what he discovered about the weapon by firing it a dozen times with rounds from the box discovered in Downs' home. He also fired another weapon of the same make to learn its characteristics better. His findings gave him a rough trajectory of the first ejected casing - repeated shots result in lessening distance each time due to diminished spring tension - as being 12 feet to the right of the weapon and six feet to the rear.

Burks noted that the path of the ejected casing is completely dependent on where the weapon is pointed. In order for the casing to land where it was found, the handgun would have been fired at an angle to the driveway, not parallel to the sidewalk but diagonally to it.

Burks also determined the trigger pull on the weapon to be roughly 6 pounds and that it has a "long pull," meaning the trigger would have to be depressed a good way back to fire. He said the handgun contained no damage or marks consistent with it being dropped on a hard surface. There were no scratches on the casing.

Knizley asked Burks if he always tested the ejection pattern while in a standing position. Burks said he had and that his height is 6' 1". The attorney asked if he ever tested it for a shooter kneeling down. Burks had not.

Knizley asked if the casing struck a tree, could it change trajectory. Burks agreed it was possible.

"Did it appear to have been tossed," Knizley asked.

"No sir," Burks said.

Knizley held a dummy handgun to his head. "If someone turned their head as they watched a vehicle driving away or passing, would that change the trajectory?" Knizley asked as he rotated from the waist up to his right. Burks said it would.

The state called Warren Stewart, a Baldwin County investigator with more than 35 years experience in various law enforcement units, including the military police. Stewart told of his trip to Downs' condo on May 10 and his photography of her home.

The photos showed a lavishly appointed and orderly condominium. He noted one side of her bed was unmade and that it appeared to have not been slept in. Stewart also identified a seven-page letter discovered in Downs' bedroom.

On a kitchen counter sat a bottle of blue Gatorade and a computer printer. In front of the white BMW SUV in the garage was a small blue cooler sitting on her washing machine.

Also shown was a photo Stewart took at Downs' autopsy of her toe tag and another that verified the length of her hair at 21 inches. Stewart talked about Downs' Blackberry phone that was discovered to be password protected. He said phoning the FBI yielded no help as they claimed they couldn't crack it.

Stewart measured the distances and time in the route given by Nodine in his May 9 statements to investigators. From Downs' home to the Bay Shore Market where Nodine purchased a soft drink was a 37-minute drive. It took him another 14 minutes to arrive at Ruby Tuesday at the Malbis exit, the spot where Nodine said he changed clothes in his back seat.

Lastly, Stewart said he ran a trace on Downs' handgun that revealed she bought it Aug. 30, 2007 in the Foley area. Knizley had no cross-examination.

Expert witness Dr. James Downs - no relation to the decedent - then returned to the stand. The forensic scientist was the center of Friday's hoopla when his report opining that Downs had been murdered and the scene staged was detailed. He was unable to complete testimony then and returned from Georgia on Monday to finish.

Appearing academic in his tweed, sweater and bowtie, Dr. Downs carried the same leather attaché he brought previously. As he took the stand, expectations arose following the animated match he and Knizley put on last week.

Returning to his cross-examination, Knizley asked if Downs had personally reviewed the clothing he assessed had been damaged when dragged after Angel's death. The doctor said he had only seen photographs of both the clothing and the body.

"Are your familiar with the software program Photoshop?" Knizley asked. Downs was.

"Did you use it in this case?" the attorney asked. Downs said he had not.

"Has the contrast or lighting been changed in these photos you showed us?" Knizley said.

Downs admitted it had but said it was standard with Power Point presentations and he had done little, blurring a bit to compensate for pixilation. He also admitted the shots had been necessarily cropped.

Knizley asked if the doctor was aware of the blood thinner coumadin or of Ms. Downs' usage of it.

"I received no information on her prescriptions, no sir," Downs answered.

"Shouldn't you have all of that information?" Knizley asked. Downs admitted he should "ideally" but that it wasn't available.

Knizley then turned to an article Dr. Downs penned for Police Chief magazine in November of 2007. He pointed to a line noting "suggestions that may assist the examination."

Suddenly, Baldwin County District Attorney Judy Newcomb stood and asked to approach the bench. After a short conference, Circuit Judge Charles Partin loudly announced someone in the gallery was recording the proceedings. A man seated in the rows behind Nodine stood and sheepishly admitted his guilt. He walked to the bench and surrendered the device under the scathing rebuke of Partin before returning to his seat.

Knizley returned to Downs' article and his recommendations to "collect all containers of prescriptions...administered for the decedent."

"Did you make this inquiry?" Knizley asked.

"I don't recall specifically," Downs answered.
Knizley returned to coumadin, to its tendency to make patients bruise easily. Downs was aware but claimed that changed his identification of bruising on Ms. Downs none.

"A bruise is a bruise," he told Knizley. The attorney then ran through a series of substances found in Ms. Downs' bloodstream: Ambien, Xanax, Adderall and alcohol.

They began to debate dosage levels, what constituted therapeutic effects and levels.

"You didn't brush up before you gave your opinion, did you sir?" Knizley shot. He added that all of the drugs could be disinhibitive and induce otherwise latent behaviors.

Knizley changed course again and revisited the defensive wounds, abrasions Dr. Downs said he found on Angel's hands. He called to mind the fact Angel worked at a Widespread Panic concert the night before, selling beer and opening bottles.

"What if those abrasions were on photos taken earlier that day?" Knizley asked. "That wouldn't make them defensive wounds, would it?"

They visited the "focally out-of-context" hair found across Angel's face. Downs couldn't explain it but just said he noted it because the rest of hair was standing out "like the Bride of Frankenstein."

"How does that help this jury?" Knizley asked.

Again they returned to Dr. Downs postulated position for the victim, to the blood spatter droplets seeming to run up her left thigh. The arguing repeated the same course it had the previous Friday, with Knizley ridiculing Downs' theory and crawling onto the floor.

"I don't know exactly where her right leg was," Downs said, "all I know is her head was near her left knee." When he attempted to demonstrate, Knizley stopped him.

"Could she have been sitting and crying?" the attorney asked.

"That was your creation not mine," Downs said.

Knizley then hammered on Downs' $400-an-hour fee. They went back and forth again, the attorney raising the specter of pricey compensation and Downs repeating that he couldn't be exact on those figures because his business manager, his father, just died.

At long last, lunch arrived with respite from the endless haggling. Following the hour break, Newcomb had Downs state that his experience taught him suicides were private affairs seldom performed in public spots. He also agreed that operating a Blackberry required dexterity that drugs might impair. They then revisited the bruising on Angel's left knuckles, something Downs yet again explained couldn't be lividity as it would defy gravity.

The doctor said there was no brain tissue on either hand. He also revealed fractures he found on the top of her skull that indicated a blunt force trauma to him.

Up next was Derek Hare of Pensacola, Fla. a beach friend who joined Nodine and Downs on the beach that day. He said he had known Nodine for five years and Angel Downs for 15 years. He had been to both New Orleans and BayFest with Nodine.

Hare said he had been on the beach with them on May 9. He described Downs as "chipper and happy" and more conversational than before.

Hare explained witnessing a flare-up between them that ended with Nodine telling Downs "We'll talk about this later." When he blurted Downs' retort of "No, we'll talk about it now," Knizley immediately had her phrase struck by Partin.

After a long bench conference, Partin allowed Hare to answer yes to the question "Did Angel ever say she wasn't scared of Steve Nodine anymore?"

Hare also said he saw Nodine used a lot of sunscreen that day.

Two weeks after a detective called Hare, he said Nodine called him and went into uncomfortable detail about May 9. He said after the first 20 minutes, he had his wife listen in on the other line for the remaining half of the call. Hare said Nodine told him Downs drove to the beach and back that day, that they stopped at a gas station where Nodine begged her to let him drive.

Hare said Nodine talked about leaving his wallet at Downs' condominium, about it being away from its usual spot when he returned. Nodine told him that he "hadn't had time to mourn," that Hare "wouldn't believe what I've been through in jail." Nodine also said the last time he saw Downs, she was standing by the street screaming, "Please don't leave."

"Was Ms. Downs physically scared of Mr. Nodine?" Knizley asked.

"Not that day," Hare answered.

"Was she happy?" the attorney said.

"She was moving on," Hare responded. Hare also agreed with Knizley that Nodine had 10-12 beers that day.

Next up, Major Anthony Lowery of the Baldwin County Sheriff's Department was sworn in. He reiterated Cpl. Daniel Steelman's account of the preceding week. He also said the usage of the Robertsdale Annex office was agreed upon by he and attorney Matt Green who suggested it as being more discreet.

Lowery said as soon as they arrived, Nodine asked for his hands to be swabbed and that he requested someone accompany him to the bathroom during each of his three visits to insure he didn't wash his hands. His reluctance to test for GSR revolved the five hours that had elapsed since Downs' death.

On cross-examination, Lowery admitted that facility has no video recording device and that he decided not to retrieve a recording device since time was of the essence. Lowery said Nodine appeared to have no sand, no sunscreen and no odor on him other than the faintest of alcohol smells. He said his hair appeared neat, with no visible line from a visor though one was recovered from Downs' vehicle. No abrasions were evident and Lowery observed no blood on Nodine's footwear.

When they learned the location of Nodine's vehicle, the defendant surrendered his keys and the sheriff's office retrieved it. He also said Green had been notified prior to the meeting that a dead woman was involved.

Mobile County garage manager Rob Gordon appeared and testified as to the red Ford F-150 Nodine drove. He identified the blue tag and its serial number.

Gulf Shores Police Dispatcher Suzanne Williams took the stand and explained the recorded emergency call from May 9 played for the courtroom. In the call at 7:55 p.m., a man can be heard explaining the scene to Williams. He talks about a gunshot victim and when asked if she shot herself, the man answered "I don't think so."

When Williams asks where the shooter is, the man said, "He took off in a red pick-up truck." He identified the driver as Steve Nodine.

"I heard the gunshot and thought it was a firecracker," he said. "It sounded like it was before he left."

Investigator Andrew Ashton was sworn in and played the security video he retrieved from Don Carlos. Nodine can plainly be seen walking through the atrium then, as he approaches the bar at 8:44 p.m., he looks at his phone. He continues to the bar where he sits to have coffee and water. He leaves the bar for a minute at 9:09 p.m., then reappears on his mobile phone. As he talks he walks to the atrium at 9:15 p.m., he paces for a moment while talking, then leaves.

Court resumes Tuesday morning at 9 p.m.

ChaCha

12-14-2010, 03:52 PM

Stephen Nodine murder trial jurors see cell phone records, convenience store video (http://blog.al.com/live/2010/12/jurors_in_nodine_murder_trial_1.html)
Published: Tuesday, December 14, 2010, 10:51 AM
Brendan Kirby, Press-Register

BAY MINETTE, Alabama -- Former Mobile County Commissioner Stephen Nodine’s murder trial entered its seventh day this morning, with testimony about cell phone records.

Those records show that Nodine, 47, made four cell phone calls to victim Angel Downs shortly before her death on May 9. The first call was at 7:38 p.m., followed by calls made at 7:42, 7:43 and 7:44.

Downs, 45, was found with a gunshot to her head in the driveway of her Gulf Shores condominium minutes later.

Prosecutors contend that Nodine, a married father of a teenage son, used Downs’ handgun to kill his longtime girlfriend. In addition to murder, he stands accused of stalking and an ethics violation related to the alleged misuse of his government-issued pickup truck.

Prosecutors said this morning that they expect to finish their case sometime Friday.

Records from Downs’ phone also show the incoming calls from Nodine. Two minutes after that last call from Nodine, according to the records, Downs sent a text message to her sister.

The sister, Susan Bloodworth, previously testified that the text read: “Stephen Nodine is here.”

Also this morning, the jury saw video from a pair of surveillance cameras at Bay Shores Market, a gas station and convenience store where Nodine bought a diet Mountain Dew at 8:17 p.m. that evening.

The footage shows Nodine in the light blue swim trunks and dark blue shirt that he was wearing when he and Downs spend the day at Pensacola Beach. By the time, a surveillance camera captured him at Don Carlos Mexican Restaurant in Daphne later that night, he had changed into a golf shirt.

The defense contends that Nodine changed clothes in his pickup truck because he did not want to go into a restaurant wearing grimy, sandy beach clothes. They point to the fact that investigators found the bathing suit and shirt -- and found no blood or other incriminating evidence -- in the backseat of his truck.

Currently, an expert witness is testifying about where various cell phone calls were made from based on cell tower records.

ChaCha

12-15-2010, 08:52 AM

Fox10News: Seventh day of Nodine court recesses (http://www.fox10tv.com/dpp/news/crime/steve-nodine-murder-trial-enters-7th-day)

BAY MINETTE, Alabama (WALA) - UPDATE 4:38 p.m. Simmons said she went back to Downs' home with her, so Nodine could get his wallet.

Simmons said she did not want Angel to go by herself so she went as well. She said Angel told her that her gun was out on the night stand.

"She said, 'My gun is out,' and I asked, 'Why would your gun be out?' And she said, 'Every time he comes over here, he wants to clean it,'" testified Simmons. "She said if I ever find her dead, she did not kill herself."
Clipped for length - click link to read orig article (http://www.fox10tv.com/dpp/news/crime/steve-nodine-murder-trial-enters-7th-day)

Stephen Nodine murder trial jurors see cell phone records, convenience store video (http://blog.al.com/live/2010/12/jurors_in_nodine_murder_trial_1.html)

BAY MINETTE, Alabama -- Former Mobile County Commissioner Stephen Nodine’s murder trial entered its seventh day this morning, with testimony about cell phone records.

Those records show that Nodine, 47, made four cell phone calls to victim Angel Downs shortly before her death on May 9. The first call was at 7:38 p.m., followed by calls made at 7:42, 7:43 and 7:44.

Downs, 45, was found with a gunshot to her head in the driveway of her Gulf Shores condominium minutes later.

Clipped for length - click link to read orig article (http://blog.al.com/live/2010/12/jurors_in_nodine_murder_trial_1.html)

CRIMESIDER CBS Angel Downs Murder: Dueling Medical Examiners Testify in Stephen Nodine Trial (http://www.cbsnews.com/8301-504083_162-20025610-504083.html)

BAY MINETTE, Ala. (CBS/WKRG) The murder trial of former Mobile County Commissioner Stephen Nodine, who is accused of murdering his longtime mistress Angel Downs in May, entered its second week Monday with dueling medical examiners testifying about whether Downs' death was a homicide or a suicide.

PICTURES: Angel Downs Murdered; Stephen Nodine Charged

Dr. Eugene Hart, the state medical examiner who performed the autopsy on Downs' body, testified that his initial opinion was that Angel Downs' death was a suicide, but acknowledged he could not rule out homicide so he wrote "undetermined" as the manner of death on his autopsy report, according to CBS affiliate WKRG.

Dr. Hart testified that Downs died from a "contact" gunshot wound, meaning the gun was pressed against her head when she was shot but pointed to the fact that the gun was found lying next to her body, which is typical in a suicide, the Mobile Press-Register reported.

Clipped for length - click link to read orig article (http://www.cbsnews.com/8301-504083_162-20025610-504083.html)

Fox10News Day 6 of Nodine murder trial adjourned (http://www.fox10tv.com/dpp/news/crime/week-2-of-steve-nodine-murder-trial-begins)

* April Douglas

BAY MINETTE, Alabama (WALA) - UPDATE 5:26 p.m. Court has been adjourned in the murder trial of Steve Nodine. Nodine is accused of shooting his longtime mistress Angel Downs to death on Mother's Day 2010. Court will reconvene Tuesday morning at 9 a.m.

3:28 p.m. Susan Williams is the prosecution's next witness. Williams works for the Gulf Shores Police Department. She has worked there for four years. Williams is a dispatcher.

Clipped for length - click link to read orig article (http://www.fox10tv.com/dpp/news/crime/week-2-of-steve-nodine-murder-trial-begins)

Baldwin County Now: Body positioning detailed in Stephen Nodine murder trial (http://www.baldwincountynow.com/articles/2010/12/15/local_news/doc4d079ca4523ef107359547.txt)
By Graham Heath
gheath@gulfcoastnewspapers.com
(Created: Tuesday, December 14, 2010 11:05 AM CST)

BAY MINETTE, Ala. — A state-paid forensic pathologist continued testimony Monday in the death of Angel Downs, describing damage to a clothing button, abrasions on her back and the apparent fanning of her 21.5-inch hair length as evidence that the body was moved after she was shot in the head at point blank range.

Dr. James Downs, who is not related to the victim, also noted small wounds on Down’s hand which are consistent with defensive wounds.

“She had to have been moved down,” Downs told the jury. “Hair doesn’t typically stand up like the Bride of Frankenstein. It is evidence of staging. The hair being out is the strongest element of the scene being staged.”

Former Mobile County Commissioner Stephen Nodine is charged with murder in Down’s death. The state contends Nodine shot Downs in the head in the driveway of her Gulf Shores condo May 9, then sped away in his county issued truck.

Clipped for length - click link to read orig article (hhttp://www.baldwincountynow.com/articles/2010/12/15/local_news/doc4d079ca4523ef107359547.txt)

ChaCha

12-16-2010, 08:57 AM

Nodine called Downs a 'whore,' threw object at her forehead, friend testifie (http://blog.al.com/live/2010/12/nodine_called_downs_a_whore_th.html)
Published: Tuesday, December 14, 2010, 3:02 PM Brendan Kirby, Press-Register

BAY MINETTE, Ala. – Stephen Nodine showed up uninvited to a condo shared by Angel Downs and her friends during Mullet Toss weekend, called her a "whore" and threw something at her head, a woman testified this afternoon.
The woman, Tracie Sweatt, testified that she was one of Downs’ best friends. The weekend, occurred two weeks before Downs died from a gunshot wound outside of her Gulf Shores home.

Nodine, 47, stands accused of murder, stalking and an ethics violation.
Sweatt testified that Nodine knocked on the door of the condo that the women were staying at and demanded to see Downs. Sweatt told jurors that he opened one of the bedroom doors and found Downs, asleep and in her pajamas, with a male friend, who was fully clothed.

“You’re a whore,” Sweatt quoted Nodine as telling Downs.

Sweatt said that Nodine threw what appeared to be a garage door opener at Downs’ forehead. Sweatt testified that she demanded Nodine leave.
“It seemed within seconds, her cell phone started going off with text messages,” Sweatt said.

The next morning, Sweatt said, Downs confided her fear of Nodine.
“She said she was afraid of him,” she testified. “She said, ‘I am afraid he is going to kill me.’”

Under cross-examination from defense lawyer John Williams, Sweatt testified that Downs did not tell her that Nodine was staying in the victim’s home during the weekend of Mullet Toss to look after her cat.
She said Downs also did not tell her that Nodine and his teenage son had stayed at her home on the Friday before her death. She said she would have been surprised given what had transpired two weeks before.
“But, no, given their relationship, it would not surprise me,” added Sweatt, who described the couple as on and off.

The Friday of Mullet Toss in April, Sweatt testified, Nodine confronted Downs and her friends on the beach.

“What’s up my Gulf Shores b-----s,” she quoted him as saying.

ChaCha

12-16-2010, 09:07 AM

Stephen Nodine defense depicts Angel Downs as woman with reasons to kill herself (http://blog.al.com/live/2010/12/defense_depicts_shooting_victi.html)
Published: Wednesday, December 15, 2010, 5:12 PM By Brendan Kirby, Press-Register

http://media.al.com/mobile-press-register/photo/-268a33737e2aa668.jpg
Former Mobile County Commissioner Stephen Nodine is pictured in Judge Charles Partin's courtroom at the Baldwin County Courthouse Monday morning, Dec. 6, 2010, in Bay Minette, Ala., for his murder trial. Nodine's defense attorneys Wednesday afternoon depicted Angel Downs as a woman with reason to kill herself. (Press-Register/Mike Kittrell)

BAY MINETTE, Ala. — Murder defendant Stephen Nodine’s lawyers began their defense this afternoon with an aggressive attempt to depict the victim with reasons to kill herself and a past inclination toward suicide.
The defense introduced records showing the Angel Downs’ income from her job as a sales manager at Benchmark Homes had declined by nearly half in two years. Her $83,754 earnings in 2008 dropped to $65,062 last year and were on track for about $45,000 this year when she died from a gunshot to the head May 9.

On the day Downs died, an acquaintance testified, she complained about her financial problems.

“She told me that she could not pay her bills. She told me she was not making enough money to pay her bills,” said Patricia Callahan Owens, who knew Downs and Nodine from beach outings in Pensacola. “She told me she was working more and making less money.”

Owens testified that Downs, 45, told her that she planned to ask for a raise the next day and that she might not have a job by the end of the week. Rob Cunningham, the president and part owner of Benchmark Homes, testified that Downs once before had asked for a raise but had not gotten one.

While the defense maintains that Downs shot herself, prosecutors allege that Nodine shot her after months of stalking her. In addition the murder and stalking charges, Nodine also faces an ethics violation for the alleged personal use of a pickup truck that Mobile County government issued to him when he was a county commissioner.

Timothy Dennis, a former Gulf Shores police officer, testified that his department sent him to Downs’ home in October 2006 when the woman’s sister called to say she feared Downs may have swallowed pills. He testified that he forced his way into the home when Downs would not answer and found her naked and unconscious on her bed, with shallow breathing and a yellowish tint to her skin.

Dennis testified that he saw empty pill bottles and a suicide note that read, in part, “I’m sorry for all that I’ve hurt.”

The defense introduced hospital records from that event.

Earlier, an official from the Alabama Department of Forensic Sciences testified that the state lab ran tests on clothing and other objects taken from inside Nodine’s truck, as well as swabs taken from the steering wheel and the vehicle, itself. All tested negative for Downs’ blood, he said.

The only item that did contain Downs’ blood, he said, was her gun that was found near her body.

The acquaintance from beach, Owens, and Karen Callahan, both testified that they did not see Nodine and Downs quarreling during the May 9 outing in Pensacola. That contradicts testimony from others there that day who said that the couple did argue.

Nodine’s attorneys will continue their defense Thursday.

ChaCha

12-16-2010, 09:13 AM

Judge in Stephen Nodine trial refuses to throw out murder, stalking, ethics charges (http://blog.al.com/live/2010/12/judge_in_stephen_nodine_trial.html)
Published: Wednesday, December 15, 2010, 3:34 PM By Brendan Kirby, Press-Register
http://media.al.com/live/photo/9002143-large.jpg
Former Mobile County Commissioner Stephen Nodine on the steps of the federal courthouse in Mobile on Oct. 28, 2010. A Baldwin Circuit Court judge on Wednesday, Dec. 15, 2010, refused to throw out murder and stalking charges against Nodine after the state had rested its case in the death of Angel Downs. (Press-Register/John David Mercer)

BAY MINETTE, Ala. – A Baldwin County judge this afternoon refused a request by murder defendant Stephen Nodine to throw out murder and stalking charges.

At the conclusion of the state’s case, defense attorney Dennis Knizley argued that prosecutors had failed to present enough evidence for the jury to consider the charges.

Circuit Judge Charles Partin said that the state’s alternative theory of murder – felony murder in the course of stalking – was “thin” but that he would allow the jury to consider it. The judge also ruled the state had presented enough evidence for jurors to consider a separate stalking offense and an ethics charge related to the alleged unauthorized personal use of Nodine’s government-issued pickup truck.

The defense now is presenting its case. Knizley contends that the victim, Angel Downs, shot herself on May. 9.

Complete coverage of the Stephen Nodine investigation, murder trial (http://topics.al.com/tag/Stephen%20Nodine/index.html)

ChaCha

12-16-2010, 09:21 AM

Baldwin prosecutors wrap up murder case against Nodine; defense pushes suicide theory (http://blog.al.com/live/2010/12/baldwin_prosecutors_wrap_up_mu_1.html)
Published: Thursday, December 16, 2010, 5:00 AM By Brendan Kirby, Press-Register

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Former Mobile County Commissioner Stephen Nodine arrives at the Baldwin County Courthouse Monday morning, Dec. 6, 2010, in Bay Minette, Ala., for his murder trial. (Press-Register/ Mike Kittrell)

BAY MINETTE, Ala. — Baldwin County prosecutors wrapped up their murder case against Stephen Nodine on Wednesday with testimony from the victim’s neighbors and two men who said they had dated her during the last year of her life.

The former Mobile County commissioner’s attorneys, meanwhile, opened their defense by attempting to depict Angel Downs as a woman with reasons to kill herself and a suicide attempt in her past.

In addition to murder, prosecutors have charged Nodine with stalking and an ethics violation related to his alleged misuse of a government-issued pickup truck. The trial, which continues today in Baldwin County Circuit Court, likely will hinge on whether jurors believe the prosecution theory that Downs’ death from a gunshot to the head May 9 was a homicide, or the defense contention that it was a suicide.

Bolstering the prosecution’s assertions that Downs, 45, was trying to end her often-tumultuous relationship with Nodine, two men testified that they had dated her in recent months.

Scott Bedford, a financial planner from Gulf Shores, testified that he met Downs on April 2 through an online dating service and began seeing her. He told jurors that he met Nodine on May 4 in Gulf Shores at a news conference related to the BP PLC oil spill.

During their brief conversation, Bedford said, Nodine made a derogatory comment about Downs. “I found it offensive,” he said.

Bedford said Downs did not seem depressed in the weeks before her death.
Roland Naseman, who told jurors that he dated Downs in 2009, testified that Nodine on April 1 of that year alternately banged on the door and back window of the condo in Fairhope where Downs was living at the time.
Naseman testified that the banging went on for about an hour before Nodine finally passed out in his truck.

On cross-examination, Naseman acknowledged that he stopped dating Downs, in part, because he questioned whether her relationship with Nodine was over.

“He had come up several times in the relationship,” he said. “Until she was finished with him, I didn’t want to date her.”
Defense attorney Dennis Knizley used a letter that Downs wrote days before her death to contradict testimony from her friends that she was done with Nodine.

Knizley said Downs’ letter, a reply she apparently had written to a seven-page letter she received from Nodine the Thursday before she died, expresses her love for Nodine and her desire to spend the rest of her life with him. She also expressed her desire for Nodine to divorce his wife, Knizley said.

Several of Downs’ neighbors in The Ridge condominiums off Fort Morgan Road testified they heard a gunshot shortly before 8 p.m. on May 9. Lannie Hill that he heard the gunshot and went to Downs’ house after a neighbor knocked on his door. He testified that he called 911 after he saw Downs lying in the driveway.

That contradicted the statement to the 911 operator, in which Hill said he heard a gunshot and saw a red pickup leaving the subdivision. In fact, it was other residents who had mentioned seeing the truck.

One of those who did see the truck, Roger Whitehead, testified that he heard a gunshot and quickly walked outside to investigate. When he got outside, he testified, he saw a red pickup truck with a blue county license plate driving toward the exit of the subdivision. The vehicle blocked his view of Downs’ home, he said.

Questioned by Knizley, Whitehead testified that he believes there was some delay from the time he heard the gunshot to when he walked out and saw the vehicle. Knizley played a videotaped interview with a Gulf Shores police officer on the day of the shooting in which Whitehead said he saw the truck go by right after the gunshot.

The first person to arrive at Downs’ home after the shooting, Nancy Hill, testified that there was not nearly as much blood as is shown in a crime scene photo taken later by Gulf Shores police. She said that Downs’ blonde hair was beginning to darken with blood.

Hill’s testimony could help explain why investigators never found any blood on Nodine, on his clothes or in his truck. It also is consistent with testimony from Dr. James Downs, a medical examiner hired as a private consultant by the District Attorney’s Office. Downs told jurors that the blood would have oozed out of Downs’ body rather than spurted.

Ann Myers, a nurse who lives in the neighborhood, testified that she saw Downs’ long, blonde hair “fanned out, like a halo” from the top of her head.
“It was the most unusual thing, as a nurse, I’ve ever seen, as far as gunshot victims go,” she testified.

The defense introduced records showing that Angel Downs’ income from her job as a sales manager at Benchmark Homes was on track to drop from $83,754 in 2008 to about $45,000 this year.

On the day Downs died, an acquaintance testified, she complained about her financial problems.

“She told me that she could not pay her bills. She told me she was not making enough money to pay her bills,” said Patricia Callahan Owens, who knew Downs and Nodine from beach outings in Pensacola. “She told me she was working more and making less money.”

Testifying about a suicide call he was sent on in October 2006, former Gulf Shores police Officer Timothy Dennis told jurors that he found Downs naked and unconscious on her bed, with shallow breathing and a yellowish tint to her skin.

Dennis testified that he saw empty pill bottles and a suicide note that read, in part, “I’m sorry for all that I’ve hurt.”

ChaCha

12-16-2010, 09:42 AM

Baldwin prosecutors wrap up murder case against Nodine; defense pushes suicide theory (http://www.lagniappemobile.com/article.asp?articleID=4059&SID=1)
By Rob Holbert and Ashley Toland Trice
Published DECEMBER 15, 2010

The sixth day of testimony in the murder trial of former county commissioner Stephen Nodine saw a variety of witnesses -- from technical experts to self-described friends of both Nodine and Angel Downs, as well as members of Downs' close circle of girlfriends, who refer to themselves as "the sisterhood," all of which told of a violent relationship between the two. One of these "sisters," Emily Simmons, said Downs warned her that if they ever found her dead it would be by Nodine's hand, not her own.

Nodine is charged with the May 9 shooting of Downs, his mistress for nearly six years, who was found lying in the driveway of her Fort Morgan Road condominium with a gunshot wound to the head. Neighbors reported seeing Steve Nodine leaving the scene moments later in his red county-issued pickup truck. However, the defense has maintained Downs was alive when Nodine left, and she took her own life.

The morning's session of the trial was mostly eaten up with some very technical testimony from AT&T's expert on cell tower usage who went through each of Nodine's and Downs' cell calls from May 9 and indicated the area from which they were likely made. Newcomb walked the expert through each call, seemingly losing the assembled audience as well as the jury along the way.

At the end of the testimony it was unclear why there had been such detail in regard to the cell towers.

The morning started with a rapid-fire succession of witnesses, most of whom were on the stand for only a few minutes allowing the state to enter specific pieces of information into the record. There was a 911 operator who affirmed the record of that evening's emergency call, followed by a Baldwin County Sheriff's detective who testified to finding two letters -- a seven-pager and another one-pager -- in Downs' night stand. He did not testify to the contents of either.

Baldwin County District Attorney's Office Investigator Trent Wilhelm also testified for some time, walking through the list of calls to both Nodine's and Downs' cell phones. He had ascertained the names of all of the people the two either contacted or were contacted by during that day, but there was no information as to the content of any of the calls.

The jury was then was shown video of Nodine buying a Diet Mountain Dew at the Bayshore Market in Fairhope at 8:17 p.m., after Downs' death. The video showed him entering the store in his dark blue shirt and light blue bathing suit and quickly getting the drink and heading to the cash register. According to the time signature on the video, he was in the store only 44 seconds. Wilhelm noted that the video's time was set 13 minutes fast, so it showed him entering the store at 8:30 instead of 8:17.

A receipt found in Nodine's truck showed him being there at 8:17. Later in the morning, the market clerk, Tina Anderson, testified that Nodine came in and went straight to the cooler to get his drink. She said he only talked to her briefly, wishing her a good evening, but that she could smell his breath.

"There was a heavy smell of booze when he spoke to me," she said.

County Administrator John Pafenbach was also briefly called to the stand to testify about the use of county-issued vehicles. Pafenbach said personal business was not allowed in county-owned vehicles, except for in marked law enforcement vehicles. Upon cross-examination, Knizley asked Pafenbach if county commissioners were given any information prohibiting personal use of their vehicles, and Pafenbach testified that they were not.

Perhaps the morning's most interesting testimony came from Josh King, the Don Carlos employee who waited on Nodine May 9 while he drank coffee at the bar. King testified that Nodine "seemed nervous and fidgety," and that he stared at his phone a lot during the time he was there.

He also said the then-commissioner yelled something as he walked out of the restaurant.

"He made a loud outburst like 'Oh no!' as if he heard a bad piece of information," King said. "He seemed as if he was upset on his way to leaving the restaurant."

The afternoon session began with the testimony of Russell Yawn, a "digital evidence" expert who specializes in collecting data from cell phones, computers and other electronic devices.

Yawn testified he was not able to obtain any of the information from the Blackberry recovered from Downs' condo because it was password protected. Blackberrys are wiped clean after 10 failed password attempts. They did not make that many attempts in the recovery process, hoping to preserve the information, but they were unable to get into the phone. The company who manufactures Blackberry, RIM, can offer no assistance in this matter, he testified.

Yawn was, however, able to obtain incoming and outgoing messages from Downs' iPhone. He explained the device has something called a "vacuum function" and will save these messages into a database until they roll off.

District Attorney Judy Newcomb asked Yawn about an unsent message around April 29. Defense attorney Dennis Knizley objected to the contents, and the lawyers approached the bench for some time to discuss the matter.

It appeared the jury would receive a transcript of at least some of the iPhone messages, but they were not read in court. The witness was excused.

The next witness up was Joy Chastain, of Midtown Mobile. She said she had met Nodine ten years ago and was also acquainted with Angel Downs. Chastain was asked about calls made to her from Nodine after Downs' death, where the accused told her an account of what happened that day.

Nodine said they had been at the beach that day. He had dropped her off but had to return because he left his wallet. He said when he returned he went back in but he did not see her, he just shouted up to her that he had gotten it and left.

She said Nodine said he did not see her in the driveway as he was leaving, nor did he hear anything.

"He said the radio was up, the air conditioner was going, and he didn't hear a thing," she testified.

Chastain also said Nodine told her that on the way home from Pensacola Beach that day, Angel said "why can't we be like Romeo and Juliet."

Chastain said Nodine said he was certain she had planned to kill him and then herself.

Nodine also told her his prints could be on the gun because Angel had asked him to help her load it some time earlier.

In the weeks leading up to the trial, Chastain said Nodine told her how much he missed Angel and how much he loved her. He wasn't happy with the way she was being portrayed, and he was going to do his best to defend her.

But after the charges were amended to include stalking and ethics charges in addition to the murder, he told Chastain he wouldn't be able to protect her. He was going to have to do whatever he could to "prove his innocence."

The next witness called was Leslie Goula, who worked a beer tub at the Widespread Panic concert with Angel Downs at The Wharf the Friday and Saturday night before Downs' death on Sunday, May 9.

Goula testified the two were in charge of selling canned beer and water and other items at the concert. She said they used bottle openers to pop the tops. She said she did not sustain any injuries to her hands, nor did she notice any injuries on Downs' hands from popping these tops.

Earlier in the trial, Knizley had asked Dr. James Downs, the state's medical expert, about wounds on Angel's hands. The expert had said they were consistent with defensive wounds. But Knizley asked if it was possible Angel got them from opening beer bottles the previous two nights.

One of the more haunting moments of the day came when a voicemail left to Goula by Downs at 7:35 p.m., within minutes of her death, was played in the court. Hearing Angel's voice brought tears from her family members.

The message started out, "Hey girl, it's Angel. I was just calling to check on you."

She went on to say she had had a good time working with her that weekend and hoped they could work together again. Downs said she thought there was another concert coming up but she would have to check and see.

The message ends, " I hope you had a great weekend."

The next three witnesses, "sisterhood" members Tracie Sweatt, Christine Salley and Emily Simmons were all with Angel Mullet Toss weekend, April 23-25, a couple of weekends prior to her death. They observed several incidents and an altercation between Downs and Nodine over the course of the weekend. They all testified Angel had told them at varying times she was "afraid" of Steve Nodine.

Sweatt testified she had arranged for a group of girls to stay at a friend's condo that weekend. The condo, The Atlantis, was situated on the beachside near the Flora-Bama.

Sweatt said the first time she saw Nodine that weekend was on Friday. She and Angel and some of the other girls were laying out and Nodine walked up to them on the beach and said, "What's up my Gulf Shores *****es?"

He stayed 10-15 minutes and left.

Under cross examination, defense attorney John Williams asked if Sweatt was aware Angel had asked Nodine to stay at her condo that weekend to watch her cat. Sweatt said she learned of that on Sunday.

On Friday night, Sweatt testified, they all went to the Flora-Bama and Nodine was there, though she said no one in their group had invited him to her knowledge.

A man named Scott Bedford was with them at the bar, which straddles the Florida and Alabama state lines. Angel had met him on match.com, according to earlier testimony, and had been on a few dates with him.

Simmons would later testify that she and Angel walked up to Nodine to say hello, and Nodine said to Angel, "I see you have a boyfriend. I'm watching you."

The witnesses testified they all went out to dinner on Saturday night and out to Live Bait, another popular bar and restaurant in Orange Beach. Two guy friends of Sweatt's ended up staying at The Atlantis condominium with the girls that night as well.

On Sunday morning, around 8:30 - 9 a.m., Sweatt said there was a knock on the door. She opened it, and it was Steve Nodine. He came in and opened the first door he saw, where he found Angel and another man, Aaron Pugh, sleeping in the same bed together. Sweatt testified Pugh was fully clothed and Downs had her pajamas on.

Sweatt said they were both sleeping until Nodine opened the door. Sweatt was standing right behind Nodine. Pugh and Downs both woke up. Nodine threw what appeared to be a garage door opener and hit Angel in the forehead and yelled, "You are a whore." Sweatt told him to get out, and he left.

She testified Angel immediately began getting a flurry of text messages from Nodine, though she was unaware of the content.

Williams asked her during cross examination, if she and her husband had invited Angel to go out on a boat with them on Mother's Day, the day of her death. Sweatt said they had but Angel had told Simmons she had a stomach virus and couldn't go. Williams asked her if it surprised her that Angel had lied to them about that since she had actually gone to Pensacola Beach with Nodine.

Sweatt said nothing surprised her with their relationship. It was "on again, off again," and she characterized it as "rocky."

Under redirect, Newcomb asked Sweatt about the flurry of text messages and communications Angel received from Nodine Mullet Toss weekend and his surprise visits, and if they were wanted. Sweatt said Angel did not want him around that weekend.

Newcomb said, "Do you think it is difficult to tell him (Nodine) no?"

Sweatt said, "Absolutely."

Sweatt was excused.

After the brief testimony of a 911 employee who verified times of the 911 calls, Christine Salley took the stand.

Salley was also present Mullet Toss weekend and witnessed an incident on Sunday, while they were all laying out on the beach. Salley said she was the first to walk up on Nodine on the beach, as she was making her way back to the condo. Downs and Simmons were still down by the water.

Nodine said to Salley, "where's that f*cking whore?" Salley replied, "Don't say that."

Nodine said, "You know I caught her in bed with another man this morning." Salley said, "It's not what you think."

Salley said Nodine wanted Angel's house keys because he said he had left his wallet there. Salley said Nodine told her, "y'all are all a bunch of f*cking whores too."

Around the time Downs moved to The Ridge, she told Salley she chose that particular condo on Fort Morgan Road because she wanted a property with an attached garage, so Nodine would not be able to tell if she was home or not.

Salley also testified to an incident in November 2009 in New Orleans. She said she and a friend were supposed to meet Nodine and Downs at a Saints game, but they never saw them.

Salley said as she was leaving the game she received a call from a man she did not know named Marlon Brown, who told her Angel's location. Salley said she went to that location and found Angel sitting in a car, upset with a "blank stare" on her face. Angel told her "she and Stephen had been fighting, but she had managed to get away from him."

Salley said when she found Angel she had scratches on her arms and there was blood on her clothing. Salley cleaned her up and took her to get something to eat and Angel stayed with her that night.

The next morning, she and Angel went over to Nodine's hotel room at the Chateau Sonesta to get all of Angel's belongings. He gave them to her, and they all rode back together because Nodine did not have a ride.

"I told him to get in a not say a word," Salley said. Other than saying he was "hot," he followed her order, she said.

Under cross-examination, Williams asked Salley if Downs was intoxicated in New Orleans and if she had fallen that evening. Salley said no to both.

The final witness of the day was Emily Simmons, whose testimony proved to be the most dramatic of the friends.

She testified that while on the beach that Mullet Toss Sunday, she said, as Salley had, Nodine came up to them screaming, calling them all "whores" and an assortment of other names, including "white trash" and "sluts."

Simmons also testified Nodine demanded Angel's keys because he had left his wallet at her house. She said Angel refused this request and said she would mail him anything he left.

The yelling was so loud, another man who was on the beach that day tried to intervene, she said. He and Nodine ended up getting into an argument. While that was taking place, she and Angel left and went back to her condo to look for the missing wallet.

The two women went into Downs' condo, according to Simmons, but they do not find the wallet. They do, however, find that Angel's gun had been pulled out and placed on her bedside table, presumably by Nodine, she said.

Simmons said Angel said Nodine was always pulling it out when he was over there, saying he wanted to clean it.

Simmons noted Angel told her after finding this, "if you ever find me dead, I would never kill myself."

Simmons also detailed, Nodine showing back up at the condo, at which time Angel let him in to look for his belongings. Simmons said she stayed in the car. A few minutes later, Angel comes running out of the door and tells Simmons Nodine tried to break her arm, but she screamed and he let her go, the friend said. Nodine then left and Simmons and Angel return to the Flora-Bama, according to her testimony.

At that point, the judge dismissed court until 8:30 a.m. on Wednesday morning. At which time, Simmons will be cross-examined.

ChaCha

12-16-2010, 10:04 AM

WKRG State Rests In Nodine Murder Trial (http://www.wkrg.com/alabama/article/nodine-murder-trial-text-message-read-aloud/1203308/Dec-15-2010_3-07-pm/)
by Jessica Taloney Published: Wed, December 15, 2010 - 8:57 am CST

VIDEO (http://wkrg.com/a/1203308)

BAY MINETTE, Alabama - 3:00 p.m.
The state has rested its case in the murder and stalking trial of former Mobile County Commissioner Steve Nodine.

1:10 p.m.
Testimony continued Wednesday afternoon with Angel Downs' neighbors testifying about what they heard and saw the night of Downs' death.

Peggy Hightower told jurors she was talking with a group of neighbors when she heard a gunshot. Hightower testified that the neighbors immediately began discussing whether it was a gunshot that they heard. Hightower says moments later the women saw a red pickup truck speeding toward the exit of the neighborhood.

11:45 p.m.
Two men who dated Angel Downs in the year before her death testified about confrontations with Steve Nodine, who at the time was a Mobile County Commissioner.

Scott Bedford, a financial advisor in Gulf Shores, told jurors he met Downs on April 2 after exchanging messages on Match.com.

Bedford testified that he did not know who Nodine was until he was introduced to Nodine by Mayor Robert Craft at an oil spill press conference on the Tuesday before Downs' death. Bedford testified that after Mayor Craft walked away Nodine made a negative and "offensive" comment to him about having seen Bedford with Angel Downs the weekend before. Judge Charles Partin would not allow Bedford to say what Nodine told him afater the defense objected to a question about the remark.

Bedford, who testified that he was still dating Downs when she died, called her death a murder.

Another former boyfriend, Ronald Naseman, told jurors he and Downs dated briefly in the spring of 2009. Naseman testified that he was with Downs at her home in Fairhope on the night of April 1, 2009. Naseman said Nodine showed up at her home and began knocking on the front door and on a back window. Naseman, who said he and Downs were both afraid, testified that the knocking went on for 45 minutes to an hour. Naseman left Downs' home after Nodine fell asleep in his car across the street.

9:20 a.m.
Testimony continued on Wednesday with one of Angel Downs' closest friends reading aloud a text message that she says Downs wrote to former Mobile County Commissioner Steve Nodine.

Emily Simmons testified that Downs showed her the text message, which was written in response to a confronation on the beach the weekend before Downs' death.

In the message, Downs wrote "I stuck around because of promises you continue to break and here we are six years later." The text message continued saying "yes, I've been with you because I have trusted you. Does that make me a whore because you are married?

Defense attorney Dennis Knizley objected to the text message being read aloud because there is no way to know if Angel Downs' actually wrote the text or whether Nodine received. Circuit Court Judge Charles Partin allowed the text message to be read in court.

The text message went on to say "I'm tired of sitting on the fence waiting back and forth... you have finally pushed me off the fence. Would you like me to visit Kimberly's office screaming about how you have been f***ing both of us for six years?"

Nodine, who resigned from the Mobile County Commission in the wake of Downs' death, is charged with murder, stalking and an ethics violation, but his attorney has argued that Downs' death was a suicide.

ChaCha

12-16-2010, 10:19 AM

Day 8 of Nodine murder trial adjourned (http://www.fox10tv.com/dpp/news/crime/steve-nodine-murder-trial-begins-day-8) Fox10News WALA
Updated: Wednesday, 15 Dec 2010, 9:42 PM CST
Published : Wednesday, 15 Dec 2010, 8:51 AM CST

April Douglas

BAY MINETTE, Alabama (WALA) - UPDATE 6:09 p.m. Court has been adjourned in the murder trial of Steve Nodine. Court is expected to reconvene Thursday morning at 8 a.m.

4:34 p.m. Rob Cunningham, President of Benchmark Homes is on the stand.

Cunningham testified Downs worked for him for about six years. She was the Sales Manager for the Foley Office.

The real estate market is not doing so well in Baldwin County and was declining through 2010.

Cunnigham said in 2009 Downs asked for a raise. She sent a letter asking for more money.

"Has Mr. Nodine ever had a conversation with you about Ms. Downs employment?" Knizely asked.

"No," Cunningham said.

"Can you describe her demeanor?" Newcomb asked.

"Really good she lifted us all up she was a joy to be around," testified Cunningham.

3:50 p.m. Karen Callaghan is called to the stand.

"Did you notice any affection?" Williams asked.

"They were holding hands when they walked down to the water," Callaghan said.

"Did Ms. Downs tell you about any physical problems she was having with her hands?" Williams asked.

Objection.

"Did you notice if they were drinknig?" asked Williams.

"I saw them with a beer in their hand, I cant say I saw them drinking," Callaghan said.

3:44 p.m. The next witness is being called.

Patricia Callaghan Owens, stay at home mom.

May 9, Patricia and her husband Steve went to Pensacola Beach with her family, and met a group of family there as well. Owens and her family go to Pensacola Beach every Mothers Day.

The witness said Steve Nodine and Angel were at the beach when Owens got to the beach. She said that Downs and Nodine seemed normal. Owens said Steve and Angel played paddle ball together.

"Did you notice any animosity between Steve and Angel?" Williams asked.

"Not that I saw, not that I am aware of," the witness said.

"At the end of the day did you have a discussion with Angel Downs?" Williams asked.

"Yes," Ownes said.

"Was that your first one-on-one discussion with Angel?" Williams asked.

"Yes other than our greeting," she testified.

The witness said, "Angel told me she could not pay her bills. She told me she is not making enough money to pay her bills. She is working more and making less money. Whenever something is needed to be done she would be called in to do it. She told me she was going in the next day to talk about money and that she may not have a job.," Owens said.

"Did she express any more concerns?" Williams asked.

"No, not to me," "Owens said.

"Did Angel tell you how she planned to trade in her car? Did she tell you how she planned to sell her lot?" Newcomb asked.

"No," said Owens.

Newcomb showed the witness a picture from the beach on Mother's Day of 2010. The picture has been admitted.

3:30 p.m. Tricia Bankstin, Director of Medical Records South Baldwin Regional Center is next on the stand.

The defense has asked for Downs' medical records to be entered into evidence. The medical records show when Downs was admitted into the hospital after she attempted suicide.

The state has asked to review them, and there has been no objection to the records being admitted.

3:29 p.m. An officer who responded to the scene of Angel Downs' suicide attempt in 2006 is the next witness for the defense.

Timothy Dennis, talked about gaining entry into Downs' home.

"I found Ms. Downs laying on the bed in the master bedroom," testified Dennis.

"Can you describe her physical state?" asked Knizely.

"She had no clothes on, jaundice and had shallow breathing," testified Dennis.

"Jaundice?" asked Knizely

"She was yellow," testified Dennis.

"Was she unconscious?" asked Knizely.

"Unconscious," stated Dennis.

"There was some empty pill bottles next to the bed," testified Dennis.

During cross examination Judy Newcomb asked about how Angel Downs' looked.

"Her makeup was on, she had her face on," testified Dennis.

The witness was excused and Knizely called his next witness to the stand.

Tricia Bankstin, Director of Medical Records South Baldwin Regional Center.

3:14 p.m. The state has rested its case.

Defense attorney Dennis Knizely called a Patrick Goff with the Alabama Department of Forensic Science to the stand.

Goff is looking over a report he brought with him.

"On May12, 2010 we received from detective Justin Clopton five items. Two items were swabs, shirt, swim trunks and a pistol.
The items were in connection to the Angel Downs case," testified Goff.

"Did you do an analysis of that pants and shirt?" asked Knizely.

Goff testified the items were negative for presumptive presence of blood. The clothes belonged to Steve Nodine.

Two swabs were taken from the door of Nodine's truck tested negative for blood.

"On May 25 of 2010 we got some additional items from Detective Clopton," Goff said.

The items included a hair sample, cigarette butt and swabs.

"All the swabs came from the same Ford F150 pickup," said Goff.

Swabs included - a cardboard box from the back seat, driver side of door , drivers side floor area, door

jam rubber gasket, arm rest , from the upper portion of the drivers, passenger seat head rest, passenger seat back seat near head rest, drivers side running board.

All were examined for presumptive presence of blood, some of the items were positive for presumptive evidence of blood.

The items tested positive for male blood.

"There was no sign of female blood in the vehicle," testified Goff.

"The only blood found that matched Ms. Downs was on the gun," testified Goff.

3:03 p.m. Judge Partin denied the defense's request to acquit the charges.

2:49 p.m. Dennis Knizely is asking for acquittal on all charges, including the murder charge and felony stalking charge.

"They have failed to meet the burden," said Knizely about the issue of ethics charges.

Dennis Knizely asked Judge Charles Partin to acquit Steve Nodine of all the charges including ethics violation, murder and stalking.

"There may be evidence of a homicide, but there is no evidence that says this man," said Knizely.

Baldwin County District Attorney Judy Newcomb stated her case before Judge Partin.

Newcomb recounted the testimony of Angel Downs' friends who told jurors about Nodine watching Angel Downs, and throwing a garage door at her, and beating on her doors and windows.

"Ms. Downs' felt the police could not help her and that there was no way for her to get away from him," said Newcomb.

"From text messages, Angel tells her sister someone is trying to break into her house, someone is stalking her, she sends her sister a text saying Steve Nodine is here and moments later she is dead," said Newcomb.

Judge Partin wants to get clear in his mind what an act of stalking is in addition to the alleged murder.

2:08 p.m. "I knelt beside her," testified Myers.

She said she got inches from Angel Downs.

"I really didn't do anything except a physical assessment."

Myers said Downs' breathing was slow and shallow.

"I looked at the head wound and after, during general physical not touching her. Just a look I knew there was nothing I could do." testified Myers.

"After I did the initial assessment, her hair was fanned out like a halo, and there was no blood in it. I thought it was the most unusual thing I had ever seen as a nurse as far as a gunshot," said Myers.

Myers is excused and court is in recess until 2:30 so the court can get exhibits in order.

2:05 p.m. An audio recording of Roger Whitehead talking to a Gulf Shores Police Officer the night Angel Downs' died:

"I heard a gunshot and when I came out and stepped outside there was a red truck in this driveway that was a county four door Ford but when the gun shot went off I heard it and he was pulling off that way. Four door crew cab Ford and he has been here, trucks been in and out of here. It has county tags I know for sure," Roger Whitehead told the officer.

"I know that was his county truck, went by almost when the gunshot...it was like the gunshot and he was pulling off," he added.

"I mean I came out of my house right when I heard the gunshot and his county truck was pulling past the house," he said.

You could hear Whitehead as he told this to a Gulf Shores Police Officer.

Ann Myers is the next witness. She is also one of Angel Downs' neighbors.

Myers is a nurse.

1:45 p.m. For the second time in two days someone has been caught recording audio of the Steve Nodine murder trial.

We do not know why.

Major Anthony Lowery with the Baldwin County Sheriff's Office confiscated the device.

The jury is not in the room.

Whitehead told an officer on the scene this:

"It was like the gunshot and he was pulling off."

The video and audio was captured on a body cam worn by a Gulf Shores police officer.

1:27 p.m. Roger Whitehead is a firefighter in Mountain Brook, Alabama. Mountain Brook is a suburb of Birmingham.

On May 9, Whitehead said he and his wife got a pizza at 7:00 p.m. They were going to pick it up. Whitehead said he saw Nodine at the complex around that time.

Whitehead said he and his wife brought the pizza back, fixed a salad and the kids were watching television.

"Have you been in other units at the Ridge?" asked Newcomb.

"Yes, ma'am," testified Whitehead.

Whitehead described the units at similar, mirror images of one another.

"We had our four person table in the kitchen, all four of us were sitting at the table," he said.

"We hear a gunshot," testified Whitehead, while they were sitting at the table. "When it went off, my wife stated, 'That was a gunshot.' I rose up from the table."

Whitehead gets up to go outside, telling his 14-year-old son to stay inside.

"When you came out, what did you see?"

"I walked outside and saw the Red F-150 as it was leaving from that area," testified Whitehead.

Newcomb asked about the direction the truck was traveling.

"It was headed out of the complex."

Whitehead said the red truck was blocking his view of the driveway.

Knizley is cross-examining.

"The gunshot went off and he was pulling off?" asked Knizley. "Did you talk to one of the police officers?"

"I said

I believe it was a Red Ford F-150 that they needed to be on the lookout," testified Whitehead.

Knizley wants to play part of the body camera video from the night Downs died in her driveway. He wants the part to be played where Whitehead is talking to an officer.

Judge Charles Partin has excused the just to talk to the attorneys.

1:16 p.m. Court is back in session. Peggy Hightower, one of Downs' neighbors, is on the stand.

Hightower was among a group of neighbors walking the night Downs was shot in her driveway.

"I heard a shot. To me sounded like a gunshot," testified Hightower. "Everyone kind of jumped and some of us said, 'Was that a gun shot? Or firecracker?' One lady said that was definately a gun shot."

"At what point do you observe a vehicle?" asked Newcomb.

"Shortly after the gunshot," said Hightower. "We talked a bit more to discuss what we heard. Well, we saw this red pickup truck speeding right by us."

Hightower testified she motioned for the truck to slow down.

"A woman in the group recognized the truck and said she was going to go check on Angel and make sure she was okay," testified Hightower.

"Did you go to the scene?" asked Newcomb.

"Yes," said Hightower.

"Did you get near Ms. Downs' body?" asked Newcomb.

"No," testified Hightower.

"Did you know who was driving the truck?" asked Newcomb.

"No," testified Hightower.

"Had you seen that truck before?" asked Newcomb.

"I'm not sure. I know it was a red truck," testified Hightower.

Defense Attorney Dennis Knizley is cross examining the witness. Knizley asked Hightower to point out her apartment on a map.

Knizley pointed out it is not uncommon for people to walk dogs in the neighborhood. Knizley asked the witness if she heard anyone screaming, shouting, or anything before she heard the gunshot.

The woman said she did not.

Knizley questioned the woman about the speed should use to drive through the complex.

She concurred it was five to ten miles per hour.

The witness has been excused.

Roger Whitehead is the next witness.

11:57 a.m. Court is recessed for lunch.

11:52 a.m. New witness Charla Canale is also a neighbor of Angel Downs.

Canale was outside her home walking her dog on the night Downs died and stopped to talk to other neighbors.

"We heard a gunshot," testified Canale.

Newcomb asked what happened after they heard the gunshot.

"We talked a bit more and then Peggy Hightower put her hand out and said, 'there is somebody coming fast,' and she put her hand out. Then I noticed it was Angel's boyfriend's truck," said Canale. "It was going fast, in the neighborhood there is one street in and one street out."

Newcomb asked what Canale did after she saw the truck.

"We talked for just a few minutes and I started walking my dog home, and I wondered if Angel was okay. So before I got home I went to my neighbor's," said Canale. "I said, not sure if you heard the gunshot, but I am worried about Angel. I heard the gunshot and saw her boyfriend leave."

Canale described seeing Downs in her driveway.

"I said, 'Oh, my God, she is laying on the driveway,'" said Canale.

Canale testified she did not touch Downs. Canale said someone mentioned giving Angel CPR and someone said, "I don't think we should touch anything."

11:43 a.m. Nancy Hill is the next witness for the prosecution.

Were you home on May 9?"

"Yes."

"At anytime did you hear a gunshot?"

"Yes."

"What did you do?" asked Newcomb.

"We weren't sure what it was, and we talked about whether it was a firecracker," said Hill.

A neighbor came over then and asked if the Hill's heard a gunshot. The Hill's said they thought it was a gunshot. Then they went outside.

"I was the first one out the door," testified Hill. "I walked down the step and as soon as I had a view of the driveway, I could see her. I could see someone laying on the driveway. So, I went across the street to her driveway."

Newcomb asked who went with her to the driveway. It was Charla, and Hill's husband.

"I told my husband to call 911," testified Hill. "I went around to Angel's left side."

"What did you do?" asked Newcomb.

"I started talking to her. She was breathing, I could see her stomach going up and down. I could hear her every few seconds sigh. So I started talking to her," testified Hill.

"Did you touch her?" asked Newcomb.

"No," answered Hill.

Downs' mother cried during the testimony.

"Did anyone join you near the body at one point?" asked Newcomb.

Hill testified there was not that much blood on Downs that night when she saw her. A photograph of Downs lying dead in her driveway was projected on the wall.

"On May 9 of 2010, did you see a red truck?" asked Newcomb.

"I believe I saw it in the morning, in the visitor's slot," testified Hill.

The witness was not cross-examined.

Nodine's mother's cell phone rang out during testimony. Judge Charles Partin took the cell phone.

11:31 a.m. Mollie Ducote runs the Food and Beverage Operation for the Wharf. Ducote hired Downs to work for May 7 and 8 at The Wharf for the Widespread Panic concert.

"Whenever

I got up on Sunday morning and checked my email, she had sent me an email," testified Ducote.

Ducote got the email on the morning of Downs' death.

Below is a portion of the email:

"Thank you for giving me the opportunity to work at The Wharf. I had such a good time making new friends and meeting new people (boys)... Have a wonderful weekend... with kindest regards, Angel."

The witness is excused.

New witness is one of Downs' neighbors, Lanny Hill. Hill said he was at home on May 9, 2010.

"Sometime after 7:45 my neighbor knocked on the door and asked my wife and I to go across the street and check on what had happened," testified Hill.

Hill said he heard something prior to the neighbor knocking on the door.

"As I was looking back later, it was a shot being fired," testified Hill. "I was in the kitchen in the front."

"When you heard the noise, did you do anything?" asked Newcomb.

"No," answered Hill.

Hill said he and his wife, Nancy, went across the street to see Downs.

"She (Nancy) walked up to Angel to the head and knelt down and started talking to her. I dialed 911," testified Hill.

"Did you ever move Ms. Downs' body at all?" asked Newcomb.

"No," answered Hill.

After he called 911, said he just waited for the responders to come in Downs' driveway.

"The whole neighborhood gathered there, eventually," Hill said.

Hill said he did not see anyone move Downs' body.

During cross-examination, Hill said he did not see any truck.

11:12 a.m. Scott Bedford dated Angel Downs.

The couple met through Match.com.

"April 2, we met in person at the beach, and pretty much started dating after that," testified Bedford.

"At the time of her death were you and Ms. Downs dating?" asked Newcomb.

"Yes," said Bedford.

Bedford said the last time he saw Downs was Mullet Toss weekend.

"While you were at the Flora-Bama did you see Mr. Nodine?" asked Newcomb.

"I did not. I did not know who he was at that time," said Bedford.

Bedford said he would not have recognized him. Newcomb asked about the first time Bedford met Nodine.

"Tuesday before her death, I had gone surfing before work. There were a couple of news crews there doing an impromptu news conference about the oil spill," testified Bedford.

Bedford said he is a friend of Gulf Shores Mayor Robert Craft, who was at the conference. Craft introduced the two men.

"He turned and said, 'Scott, do you know Commissioner Nodine from Mobile?'" testified Bedford.

"At that time, did he make any statements to you about seeing you at the Flora-Bama Mullet Toss weekend?" asked Newcomb.

Knizley objected.

"On May 4, did you have a conversation with Mr. Nodine?" asked Newcomb.

"Yes," said Bedford.

"Did he say something about seeing you at the Flora-Bama?" asked Newcomb.

"Yes," said Bedford.

"Did he make a comment regarding Ms. Downs?" asked Newcomb.

"Yes," testified Bedford.

"Did you take that as a negative comment?" asked Newcomb.

"Absolutely. I found it offensive," testified Bedford.

"After that did you continue to have contact with Ms. Downs?" asked Newcomb.

"Yes," he said. "We had plans to see each other that weekend, (of her death). She called back and said she got her dates mixed up and had to work Friday and Saturday night. I did not see her," said Bedford.

"Did you see her Sunday?" asked Newcomb.

"No, I called her that morning, left her a voice mail," said Bedford.

Bedford went on to testify that about 5:30 he sent a text message to Downs.

"To see if we were going to do something that night," said Bedford.

Downs did not respond. That was the day Downs and Nodine spent at Pensacola Beach.

"During the time you were Ms. Downs did she express any concerns about her well-being because of Nodine?" asked Newcomb.

"No," answered Bedford.

"On May 8, did you exchange text messages with Ms. Downs?" asked Newcomb.

"Yes, I sent her a text asking how she did the prior evening," said Bedford.

"Did she appear depressed in any of the exchanges you had?" asked Newcomb.

"No," answered Bedford.

The defense did not cross-examine.

10:53 a.m. One of Angel Downs' ex-boyfriends is on the stand. He said he was dating Angel in April of 2009.

April 1, the witness was at Downs' home in Fairhope.

"While you were at Angel's house did Mr. Nodine appear?" asked Newcomb.

"Yes I saw him sitting in his truck," said the witness.

"At any other time, did anything happen outside?" asked Newcomb.

"We were in the back bedroom watching tv and there was a knock on the front door. Then a knock on the back window. Angel told me to be quiet and not say anything. I didn't say anything and then there was knock on the front door. It went on for ten, fifteen minutes and there would be a little break."

"Did you hear any language?" asked Newcomb.

"No," said the man.

The witnessed testified it went on for 45 minutes to an hour. He said Downs was scared, and so was he.

"When he would go to the back window I would go to the front. Because I felt like if he was going to break in there would be a confrontation," testified the witness.

After this confrontation,

the witness said he did not date Downs again.

"Did Angel text you the morning of April 2?" asked Newcomb.

"Yes," said the witness.

"Did she tell you anything about Mr. Nodine?" asked Newcomb.

Knizley objected. Judge Partin sustained.

The witness did not call police.

"What, if anything, did Ms. Downs say about Mr. Nodine's ability to be arrested by the police?"

Again, Knizley calls an objection. Again, Judge Partin sustains.

Cross-examination by Knizley begins.

"Was the reason you didn't end the relationship because you felt the relationship with Nodine was over?" asked Knizley.

"Yes sir," testified the witness.

"Was he in a Ford Escape that night?" asked Knizley.

Yes," testified the witness.

10:36 a.m. Tanya Greisinger has taken the stand. She has known Downs for ten years.

"Did y'all have one or more conversations on May 9?"

Greisinger said Downs did not sound like she had slurred speech. She said Downs called her twice while on the way home from the beach.

At 7:34 p.m. Greisinger said Downs called her. Greisinger was unable to answer the phone. She was unable to reach Downs again that night.

10:34 a.m. Christian Lee is employed by Yahoo. He is a legal assistant, a custodian of records. Lee lives in California.

Lee gathers email snapshots. Lee retrieved email for the prosecution.

He has been excused.

10:28 a.m. Michael Fair said he knew Nodine from the beach. Fair using a walking cane when he entered the courtroom.

Fair was at the beach on Sunday May 9 with Nodine, Downs and a group of other people. Fair said he had a conversation with Angel.

"She seemed very normal, nothing out of sorts. Not happy and bubbly. Just sort of normal," testified Fair.

"Did you have a conversation about her and Mr. Nodine's relationship?" asked Newcomb.

Knizley objected.

"Did you make any observations regarding physical contact between Angel Downs and Steve Nodine?" asked Newcomb.

Fair testified that Nodine would give Downs a little kiss.

"She responded not aggressively and allowed him to kiss her...on the mouth," he said.

"At anytime did you ask Ms. Downs to sit in your lap?" asked Newcomb.

"Yes," testified Fair.

"Did she?" asked Newcomb.

"No she would not," testified Fair.

There was no cross examination and the witness has been dismissed.

10:09 a.m. Terry Haire, Derek Haire's wife, is on the stand.

The couple spent the day with Downs and Nodine at the beach on Sunday. Downs died later that night.

Haire testified she met Nodine on the beach, and mainly only saw Angel and Steve on the beach.

"The only thing she said to me, 'FYI Terry, I did not spend the night with Steven last night.' Because I saw them come walking from the Hilton," testified Haire. "He walked over to her chair and he just kind of went over took her by the hands and took her down by the water's edge and he was talking to her and he was leaning into her ear and she tried to get away. And she turned around the other way to try and block and she was finally able to get around him."

Haire said this happened around 4 p.m.

"Did you see Mr. Nodine touch her hair?" asked Newcomb.

"No, I did not," answered Haire.

"Did Mr. Nodine have sunscreen on?" asked Newcomb.

Haire could not remember.

"When you left, were Angel and Steve Nodine still there?" asked Knizley during cross-examination.

"Yes," answered Haire.

Haire testified that Downs was drinking on the day.

"Had Mr. Nodine complained to Ms. Downs that she was drinking too much?" asked Knizley.

"I didn't hear that..." said Haire.

"Did you hear Steven accuse Angel of being drunk?" asked Knizley.

"I didn't hear him say that, but I remember her telling something to my husband," said Haire.

Newcomb objected. Judge Charles Partin sustained.

"She said, 'I've had one,'" testified Haire.

Knizlwy said Haire told a police officer this summer that Downs had more than one.

9:12 a.m. "In the last year, how often would you see Ms. Downs?" asked Newcomb.

"Daily," answered Simmons.

"Other than the time you told us about at the apartment during Mullet Toss, have you ever seen Ms. Downs with that gun?" asked Newcomb.

"No," testified Simmons.

Tuesday, Simmons testified that Angel told her that the gun was out on the night stand, and that Nodine liked to clean it every time he came over.

During cross-examination, defense attorney Dennis Knizley questioned when Simmons got to the beach for Mullet Toss.

Knizley wanted to know if Downs told Simmons that Nodine was staying at her (Downs') house while she was at the beach.

"He made an off-color remark to y'all and you said you took it as a joke?" asked Knizley.

"Yes," answered Simmons.

Simmons testified about a night at the Flora-Bama where Downs met Scott Bedford for a drink. This took place Mullet Toss weekend.

"Did they have a drink at the Flora-Bama?" asked Knizley.

"Yes," answered Simmons.

Knizley said that the group spoke to Nodine first. Tuesday, Simmons testified that Angel Downs told her Nodine was watching her.

"That Nodine didn't come to y'all, y'all stopped and talked to him,"

said Knizley.

"Yes," answered Simmons.

Knizley pointed out that Downs and her friends talked to Nodine first.

"Was there any violence or any threats that evening?" asked Knizley.

"No," answered Simmons.

"And you and her came to him twice?" asked Knizley.

"Yes," answered Simmons.

Knizley moves on to the morning Nodine discovered Downs asleep in the bed with another man.

"Did she tell you Steve Nodine came to the condo and saw her in bed with Aaron Pugh?" asked Knizley. She didn't tell you that he made any physical threats to her?"

"No," testified Simmons.

"So there was no threat of physical violence, even after he saw her with this man?" asked Knizley.

"No," said Simmons.

"And he had never before threatened her before that with physical violence?" asked Knizley.

"No," said Simmons.

"That would be, he did not?" asked Knizley.

"He did not," answered Simmons.

Knizley moved on to Simmons' testimony Tuesday where she told jurors about Angel's gun on the bed. Simmons said Downs told her that Nodine liked to clean it every time he came over. This took place when Simmons and Downs went to Angel's apartment Mullet Toss weekend to help Nodine find his wallet.

"Now, you never saw a gun did you?" asked Knizley.

"No," testified Simmons.

"You testified that she said the gun was out," asked Knizley. "Did you ever go back and look?"

"No," said Simmons.

"It was at that time you say that y'all had a conversation that she (Downs) said if she were to die, that she didn't kill herself, Steven did. So, she brought up suicide?" asked Knizley.

"Yes," answered Simmons.

"Did you know about her previous suicide attempt?" asked Knizley.

"No," said Simmons.

Simmons, Downs and a other women were a tight knit group of friends.

"Y'all had a name for your group?" asked Knizley.

"I'm sorry?" questioned Simmons.

"Did y'all have a particular name?" asked Knizley.

"The sisterhood," said Simmons.

Simmons said Downs named them that.

"Most of the group was in their 30's?" asked Knizley.

"Yes," testified Simmons.

"And how old was she?" asked Knizley.

"45," said Simmons.

Knizley questioned Simmons about Downs' alcohol consumption. Simmons said Downs would have two beers a month, maybe more on a special occasion.

"Now in the week and a half before her death that alcohol consumption increased, did it not?" asked Knizley.

"Yes," said Simmons.

"Now at Mullet Toss, she consumed alcohol Friday, Saturday and Sunday?" asked Knizley.

"Maybe one or two," testified Simmons about Sunday.

Simmons testified that Downs also drank the weekend of her death.

"Nine days before her death she used alcohol four or five times and that was unusual..." said Knizley.

According to Simmons' testimony, Downs only drank two beers a month.

"Not for special occasions," testified Simmons.

Knizley asked Simmons if she considered working a special occasion. Simmons and Downs worked selling beers at the Widespread Panic Concert the weekend Downs died. After work the women had drinks.

Simmons testified that Downs did not get help from Nodine.

Simmons referred to the Mullet Toss weekend.

"She did not feel like she could get help, because he felt like he was above the law," testified Simmons.

8:52 a.m. "Did Ms. Downs show you the text after the incident on the beach?" asked District Attorney Judy Newcomb.

"Yes. I was coming home from class on that Monday night and she asked me if I would stop by her house and read a text she had typed," testified Simmons.

Simmons read the text message aloud in court:

Below are portions of the text. The text is believed to be written to Steve Nodine from Angel Downs:

"I stuck around based on promises you continued to break."

"For reasons you have chosen to stay." (married to his wife)

"Yes, I have been there through it all."

"I told you weeks ago that was not going to happen."

"We have yet to have that conversation and it is going on six weeks now."

"Yes, you are being nicer to me because you don't want to lose me or me tell your secrets."

"You still stay, you are not divorced."

"I am tired of sitting on the fence sitting... back and forth."

"After I was totally humiliated by you, you have finally pushed me off the fence."

"This should have been between us and yes it was innocent... he has never made an attempt to be with me."

"He was being my friend."

"I trust him as a friend."

"You know how scared I get... I do see you are sad. I am so sorry if it hurts you."

"Now our business is out there for everyone, and not because of me."

"Always protecting you - you were actually threatening to kill a stranger and threatening to rip out his Adams apple."

"Please just stop hurting me... I apologize if I hurt you in any way."

8:37 a.m. Court is back in session in the Steve Nodine murder trial.

Emily Simmons, a friend of Angel Downs, is back on the stand. She picked up her testimony talking about Mullet Toss weekend.

"She (Angel) said she was just scared. He started text messaging and calling her," Simmons testified.