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 defendants 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 defenses 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 dont see that those cases should be bumped for Mr. Nodines 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 cases 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 mothers eyes welled as she scanned the press corps.
Its been an emotional day, Raines said. Its 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 Defendants 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 hes not in violation of this federal statute, Armstrong said. He wasnt addicted to Lortab under the federal definition. Armstrong said he is seeking an expert on drug use and addiction for testimony on Nodines behalf, but that it has proved difficult.
Well you dont readily find those type of experts in criminal cases, Armstrong said. Its not something readily available. Maybe a vehicle accident plaintiffs bar, theyre 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 were 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.
Thats why Im saying that aspect of my concern may have worked itself out since there is a definite trial setting, Armstrong said. It just doesnt 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 cant put him on the stand to explain his medical condition, his lawful prescriptions for the Lortabs. It was all legitimate, borne out by the doctors 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 theres so many factors, Loftis said. It could depend on whether or not the defendant pled guilty or was found guilty and whether or not theyre cooperating. Thats purely the courts 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 whove fled, they usually flee very close to the time of trial, Newcomb said. But hes under federal monitoring and theyre very, I guess, intense. Now we have had a few reports of him going to restaurants or jogging that were 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 were going to be looking into that because its my understanding thats 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. Thats not generally in our aspects of what we believe someone should be allowed to leave the house for. Its usually doctor, church, work, lawyer.