ChaCha
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AL - Angel Downs, 45, fatally shot, Gulf Shores, 9 May 2010
- Thread starter elainebenice
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ChaCha
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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://timesupblog.blogspot.com/2010/08/supporting-justice-for-angel-downs-with.html
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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
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.)
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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.
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
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Fox10 WALA 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.
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.
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Judge: Lawyer in Stephen Nodine gun case can't have evidence from murder investigation
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 Nodines 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 dont just prepare for the trial, he said.
Prosecutors have suggested that Armstrong get whatever information he feels he needs from Nodines 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 Mothers 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).
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 Nodines 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 dont just prepare for the trial, he said.
Prosecutors have suggested that Armstrong get whatever information he feels he needs from Nodines 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 Mothers 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).
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Nodine expected in court Wednesday Preliminary hearing on Murder charge
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.
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
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Nodine Murder Trial Set for December 6
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
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
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Motion filed to delay federal gun case
Attorney wants case be tried after murder trial
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.
Attorney wants case be tried after murder trial
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
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Stephen Nodine murder trial set to start Dec. 6
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.
Im 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 judges 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 Nodines case is only a few months old.
Nodine lawyer Dennis Knizley said he had hoped for a September or October date. Were ready to try the case now, he said after Wednesdays hearing.
The defense sought to expedite the case in hopes of having it take place prior to Nodines 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 Partins ruling Wednesday, Nodines 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 its not relevant to Nodines guilt or innocence in the gun case.
Prosecutors have suggested that Armstrong can get whatever information he needs from Nodines lawyers in the murder case, who have received evidence from Baldwin prosecutors.
But Armstrong said that hes 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.)
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.
Im 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 judges 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 Nodines case is only a few months old.
Nodine lawyer Dennis Knizley said he had hoped for a September or October date. Were ready to try the case now, he said after Wednesdays hearing.
The defense sought to expedite the case in hopes of having it take place prior to Nodines 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 Partins ruling Wednesday, Nodines 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 its not relevant to Nodines guilt or innocence in the gun case.
Prosecutors have suggested that Armstrong can get whatever information he needs from Nodines lawyers in the murder case, who have received evidence from Baldwin prosecutors.
But Armstrong said that hes 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.)
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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.
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
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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
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Steve Nodine Spotted Jogging? DA's Office Investigating
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.
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
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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 Nodines 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.
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 Nodines 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
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Federal judge agrees to second delay of Nodine gun trial - but not for as long as he wanted
Published: Thursday, August 26, 2010, 4:55 PM Updated: Thursday, August 26, 2010, 8:34 PM by Brendan Kirby, Press-Register
MOBILE, Ala. A federal judge today agreed to another delay in former Mobile County Commissioner Stephen Nodines gun trial but not as long as he wanted.
Nodines 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 Armstrongs 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 Defendants 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 Mothers 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 experts 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.
Published: Thursday, August 26, 2010, 4:55 PM Updated: Thursday, August 26, 2010, 8:34 PM by Brendan Kirby, Press-Register
MOBILE, Ala. A federal judge today agreed to another delay in former Mobile County Commissioner Stephen Nodines gun trial but not as long as he wanted.
Nodines 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 Armstrongs 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 Defendants 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 Mothers 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 experts 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
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Feds Give Nodine Hard-sought Delay By Kevin Lee
WEB EXCLUSIVE
AUGUST 27, 2010
Former Mobile County Commissioner Stephen Nodines federal gun trial was pushed back a month when a judge granted the defenses 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 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.
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 hes not in violation of this federal statute, Armstrong said. He wasnt 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 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.
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 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. You know thats 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 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.
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 theres so many factors. 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 and we wouldnt 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.
WEB EXCLUSIVE
AUGUST 27, 2010
Former Mobile County Commissioner Stephen Nodines federal gun trial was pushed back a month when a judge granted the defenses 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 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.
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 hes not in violation of this federal statute, Armstrong said. He wasnt 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 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.
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 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. You know thats 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 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.
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 theres so many factors. 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 and we wouldnt 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
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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.
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.
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Media Gets Nodine Nugget Wrong
By Kevin Lee
WEB EXCLUSIVE
SEPTEMBER 14, 2010
Contrary to reports from WPMI, former Mobile County Commissioner Steve Nodines trial on federal gun charges is not necessarily in danger of moving from Mobile, his legal counsel stated on Monday evening. I dont know where this is coming from, attorney Gordon Armstrong III said. I just filed to have the jury pool drawn from Selma. I dont want to move the venue.
Nodines 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 dont 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 clerks 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. Thats 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 dont want to go anywhere, I just want an untainted jury pool, Armstrong said, and thats been hard with the publicity and rumor surrounding my client.
____________________________
Steve Nodine's Attorney Wants Federal Gun Case Moved out of Mobile
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.
By Kevin Lee
WEB EXCLUSIVE
SEPTEMBER 14, 2010
Contrary to reports from WPMI, former Mobile County Commissioner Steve Nodines trial on federal gun charges is not necessarily in danger of moving from Mobile, his legal counsel stated on Monday evening. I dont know where this is coming from, attorney Gordon Armstrong III said. I just filed to have the jury pool drawn from Selma. I dont want to move the venue.
Nodines 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 dont 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 clerks 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. Thats 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 dont want to go anywhere, I just want an untainted jury pool, Armstrong said, and thats been hard with the publicity and rumor surrounding my client.
____________________________
Steve Nodine's Attorney Wants Federal Gun Case Moved out of Mobile
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.
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Nodine Motion Claims Pre-Trial Hostility
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 Nodines 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 Nodines 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, Nodines 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
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 Nodines 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 Nodines 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, Nodines 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
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Judge denies former Mobile County Commissioner Stephen Nodine's bid to use jurors from Selma area
Published: Wednesday, September 15, 2010, 12:26 PM
by Brendan Kirby, Press-Register
MOBILE, Alabama Former Mobile County Commissioner Stephen Nodines 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 districts 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 commissioners government-issued pickup truck.
That led to an investigation that produced allegations that Nodine was abusing prescription painkillers. On Mothers 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 Nodines 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.
Published: Wednesday, September 15, 2010, 12:26 PM
by Brendan Kirby, Press-Register
MOBILE, Alabama Former Mobile County Commissioner Stephen Nodines 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 districts 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 commissioners government-issued pickup truck.
That led to an investigation that produced allegations that Nodine was abusing prescription painkillers. On Mothers 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 Nodines 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.
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