Day 8 of Nodine murder trial adjourned 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.
