AL - Angel Downs, 45, fatally shot, Gulf Shores, 9 May 2010

[ChaCha]

Nodine's murder trial may be delayed
Updated: Wednesday, 15 Sep 2010, 11:57 AM CDT
Published : Tuesday, 14 Sep 2010, 9:55 PM CDT

Hubert Tate
Photojournalist: Robert Brown
MOBILE, Alabama (WALA) - Steve Nodine's attorneys were hoping his murder trial would happen in December. But FOX10 News has learned there is a possible scheduling conflict with another high profile capital murder case.

Troy MacDonald is accused of killing Brianna Parish in November 2008. His trial was scheduled for October, but his attorney filed a motion to continue the case. The document said he needed additional time to prepare.

Tuesday, the judge reset MacDonald's case for the November trial term that runs through December. That's the same period Nodine's case is set to be presented.

"The ultimate scheduling will be up to the judge. Both are set at this time. We are prepared to go forward on both at this time. There may be a logistics problem about how we go about doing that and a resource issue," said Baldwin County District Attorney Judy Newcomb.

Nodine's attorney, Dennis Knizley, said he wants to avoid any delay, and he hopes the court will consider one of three options.

"Either have another judge handle the MacDonald case, or have another judge handle our case and keep both cases at the same time. An alternative would be to have our case a month earlier," said Knizley.

If Nodine's case is not presented as scheduled, it will go on the next criminal trial docket in 2011.

Nodine is also facing a federal gun charge.

His attorneys in that case are asking the court to move the case to a different county. Defense attorneys argue the negative publicity generated by the Baldwin County case jeopardizes the ability to find an impartial jury.

 

[ChaCha]

http://blog.al.com/live/2010/09/ex-mobile_county_commissioner.html
Published: Tuesday, September 21, 2010, 4:45 PM by Brendan Kirby, Press-Register

MOBILE, Ala. — If former Mobile County Commissioner Stephen Nodine’s federal gun case keeps getting delayed, it might end up taking place after his murder trial after all.

Defense attorney Gordon Armstrong unsuccessfully sought to have the gun trial postponed until after the murder case in Baldwin County. Today, though, U.S. District Judge Ginny Granade agreed to another one-month delay of the federal case — the third postponement.

The gun trial now is scheduled to take place in November, one month before the murder proceedings.

Nodine faces a charge of being an unlawful drug user in possession of firearms. Prosecutors contend that he was abusing both marijuana and Lortab while he had a pair of handguns. He turned those weapons over to a pair of Mobile County government lawyers the day after his girlfriend, Angel Downs, died from a fatal gunshot wound May 9 outside her Gulf Shores home.

Baldwin County authorities charged him with murder in that case, although investigators determined that the two handguns he had at his home were not involved in the shooting.

The latest delay results from Armstrong’s attempts to hire an expert witness to testify on Nodine’s behalf. Armstrong indicated in a phone conference Monday that he had found an expert but that Nodine cannot afford to hire him.

Nodine must get permission from the Atlanta-based 11th U.S. Circuit Court of Appeals to use public funds to hire the expert, and Armstrong said it is unlikely that would be done soon enough to adequately prepare for jury selection on Oct. 4.

Armstrong said he intends to call the witness to counter expert testimony for the prosecution from two of Nodine’s doctors, two laboratory technicians and a forensic chemist. Prosecutors expect those witnesses to testify about Nodine’s use of the painkiller Lortab and his positive tests on drug screens after he checked into a hospital following Downs’ death.

 

[ChaCha]

Nodine’s Federal Trial Delayed Again

Wed, September 22, 2010 - 9:27 am CST

Jessica Taloney MOBILE, Alabama - Former Mobile County Commissioner Steve Nodine's federal trial on a gun charge has been postponed again.

Tuesday, a federal judge granted the defense's motion delaying the trial until the November term.

Nodine's attorney, Gordon Armstrong, wants the trial postponed until after the former commissioner's murder trial in Baldwin County, which is scheduled for December 6. So far, the judge has denied that request, but if the delays continue Armstrong may get his wish.

Nodine, who resigned from the Mobile County commission in May, is accused of posessing a gun while addicted to drugs. He is also accused of murdering his long-time mistress, Angel Downs, and faces charges for marijuana and Lortab allegedly found in his county-issued truck.

 

[ChaCha]

Nodine's gun trial delayed until November
Wednesday, 22 Sep 2010, 11:13 AM CDT
by April Douglas

MOBILE, Alabama (WALA) - Steve Nodine's federal weapons case has been delayed again. The federal court said it has been postponed until the November term. Jury selection is scheduled to begin November 1.

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

Nodine also faces state charges for the murder of his longtime mistress Angel Downs. Downs was found shot to death in the driveway of her Gulf Shores home on Mother's Day.

The murder trial is set to start in December in Baldwin County, but could be delayed.

"The request at this point to delay the trial is a matter of logistics. Whenever a case is appointed, whenever I have to spend money in an effort to prepare a case, I have to apply with the court to spend money," said Gordon Armstrong, Nodine's court-appointed attorney in his federal weapons case.

Armstrong said that is what has created this delay.

"Depending on what it is you are trying to do, the request has to go to Atlanta to be approved by the circuit court judge, the chief judge in the 11th circuit," added Armstrong.

Armstrong wouldn't say exactly what he is asking to spend money on since it is part of the defense preparations, which are still confidential. Armstrong did say it is in the nature of expert witnesses.

 

[ChaCha]

Nodine Shopping Trip Spawn Questions
By Kevin Lee

WEB EXCLUSIVE
SEPTEMBER 24, 2010

A Mobile-area man sent a photograph of someone he claims is former county commissioner Stephen Nodine in a department store to a local radio personality on Friday, Sept. 24. The attached e-mail and photo were posted to the Uncle Henry website at 11:04 a.m. on Friday, Sept. 24. Nodine has been on house arrest since mid-June in connection with pending charges in three jurisdictions, including a federal firearms charge and a murder charge in neighboring Baldwin County.


The photo submitted to “The Uncle Henry Show.”

“hey uncle henry i know at one time you were talking about people seeing nodine out in public,” the e-mail read on the site. “well after talking to him telling him that all goes well i snapped this shot with my phone its not really a up close photo but if u look on his right ankle you can see he is wearing a tracking device.”

The reported source of the snapshot and message verified to Lagniappe the information as something he acquired in Springdale Plaza’s Best Buy, a location almost four miles from the S. Georgia Avenue home where Nodine is confined by law. Per the court order, Nodine can only leave the home for employment, education, religious matters, doctor visits, court appearances and attorney visits. A probationary officer must approve any other trips.

While the witness initially confirmed himself as the source of the information, he later called Lagniappe and expressed reluctance to be connected with the incident. The witness did tell Lagniappe that Nodine approached him to speak, belying an apparent recognition.

“The United States probation office had authorized him to go to that specific location to make a retail purchase,” Nodine attorney Dennis Knizley said. When asked what Nodine sought, Knizley said, “I’m sure it was something mundane. You can quote me on that.”

“Our bond does give him permission to go specific places,” Baldwin County District Attorney Judy Newcomb said, “I just never would have envisioned that would have been Best Buy.” Newcomb said her office has sought confirmation from Nodine’s probation officer but that investigators were told he is currently out of town.

Nodine’s whereabouts have been the subject of wide speculation and rumor during the summer. Newcomb told press on Aug. 25 that rumors of the defendant’s activities were making the rounds.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately.”

The comments elicited disbelief and denial from Nodine attorney Dennis Knizley.

Lagniappe has also learned Newcomb and her team this week researched claims from a Midtown resident requesting anonymity that Nodine was spotted off the property running not long after Labor Day. That eyewitness reportedly called the Mobile Police Department’s non-emergency number and spoke with an operator.

“We got the times and checked with his (Nodine’s) people and they said the GPS record for that day shows he never left the property,” Newcomb said.

Jury selection for Nodine’s federal firearms trial is set for Nov. 1. Jury selection in his murder trial for the shooting death of girlfriend Angel Downs is presently set for Dec. 6.

 

[ChaCha]

Nodine Spotted At Best Buy

by Jessica Taloney
Published: Fri, September 24, 2010 - 2:40 pm CST

Jessica Taloney MOBILE, Alabama - A former Mobile County Commissioner on house arrest while awaiting his murder trial was recently spotted at Best Buy.

A Newsradio 710 listener emailed a picture of Steve Nodine shopping at the electronic retail store to local host Uncle Henry. The listener, who didn't say when the picture was taken, claims he briefly talked with the ex-commissioner inside the store before snapping a photo of Nodine walking down the aisle.

According to the rules of Nodine's electronic monitoring, he can only leave the home where he is living for court appearances, conferences with lawyers, medical needs, religious purposes or with permission from his probation officer, Bryan Hayes.

Dennis Knizley, Nodine's attorney, says the trip to Best Buy was authorized by the probation office for a retail purchase.

Nodine is accused of killing his long-time mistress, Angel Downs. He is out of jail on bond while waiting for his trial to begin in December.

 

[ChaCha]

Original Article Link: Nodine’s Trip to Best Buy Spawns Questions About Terms of House Arrest Please feel free to visit link and comment.

By Kevin Lee (my favorite writer)

ISSUE #214
OCTOBER 05, 2010

<a href="http://www.divshare.com/download/12749916-1b1"><img src="http://www.divshare.com/img/12749916-1b1.jpg" border="0" /></a>

A Mobile-area man sent a photograph of someone he claims is former county commissioner Stephen Nodine in a department store to a local radio personality on Friday, Sept. 24. The attached e-mail and photo were posted to the Uncle Henry website at 11:04 a.m., that same day. Nodine has been on house arrest since mid-June in connection with pending charges in three jurisdictions, including a federal firearms charge and a murder charge in neighboring Baldwin County.

“hey uncle henry i know at one time you were talking about people seeing nodine out in public,” the e-mail read on the site. “well after talking to him telling him that all goes well i snapped this shot with my phone its not really a up close photo but if u look on his right ankle you can see he is wearing a tracking device.”

The reported source of the snapshot and message verified to Lagniappe the information as something he acquired in Springdale Plaza’s Best Buy, a location almost four miles from the S. Georgia Avenue home where Nodine is confined by law. Per the court order, Nodine can only leave the home for employment, education, religious matters, doctor visits, court appearances and attorney visits. A probationary officer must approve any other trips.

While the witness initially confirmed himself as the source of the information, he later called Lagniappe and expressed reluctance to be connected with the incident. The witness did tell Lagniappe that Nodine approached him to speak, belying an apparent recognition.

“The United States probation office had authorized him to go to that specific location to make a retail purchase,” Nodine attorney Dennis Knizley said. When asked what Nodine sought, Knizley said, “I’m sure it was something mundane. You can quote me on that.”

“Our bond does give him permission to go specific places,” Baldwin County District Attorney Judy Newcomb said, “I just never would have envisioned that would have been Best Buy.” Newcomb said her office has sought confirmation from Nodine’s probation officer but that investigators were told he is currently out of town.

Nodine’s whereabouts have been the subject of wide speculation and rumor during the summer. Newcomb told press on Aug. 25 that rumors of the defendant’s activities were making the rounds.

“I just heard it today, that there was a report of him out jogging and so we’re going to be looking into that because it’s my understanding that’s not part of our bond agreement,” Newcomb clarified. “If the federal supervisor has allowed him to go out jogging, we may have to address that separately.”

The comments elicited disbelief and denial from Nodine attorney Dennis Knizley.

Lagniappe has also learned Newcomb and her team this week researched claims from a Midtown resident requesting anonymity that Nodine was spotted off the property running not long after Labor Day. That eyewitness reportedly called the Mobile Police Department’s non-emergency number and spoke with an operator.

“We got the times and checked with his (Nodine’s) people and they said the GPS record for that day shows he never left the property,” Newcomb said.

Jury selection for Nodine’s federal firearms trial is set for Nov. 1. Jury selection in his murder trial for the shooting death of girlfriend Angel Downs is presently set for Dec. 6.

 

[ChaCha]

Nodine Could Face New Charges
by Jessica Taloney
Published: Tue, October 12, 2010 - 5:47 pm CST

A Baldwin County Grand Jury could add new charges to ex-Commissioner Steve Nodine's list of troubles.

Jessica Taloney BAY MINETTE, Alabama - More trouble could be brewing for a former Mobile County Commissioner charged with the murder of his mistress.

Gulf Shores police tell News Five that investigators met today with a Baldwin County Grand Jury regarding ex-Commissioner Stephen Nodine.

We do not know the nature of the new charges, but we expect to hear from the Grand Jury as early as tomorrow.

Nodine resigned from the county commissioner in May after he was charged with the murder of Angel Downs. Downs was found dead on Mother's Day outside her Gulf Shores condo.

Nodine also faces a federal firearms charge and multiple drug charges in Mobile County.

 

[ChaCha]

http://www.local15tv.com/news/local/story/UPDATE-Steve-Nodine-Arrives-at-Baldwin-County-Jail/9AMTj70naEu9q9FOBzK56A.cspx

Reported by: Local 15 News Staff Email: local15@local15tv.com

Print Story Published: 9:26 am ShareThis Updated: 10:24 am(BAY MINETTE, Ala.) - Former Mobile County Commissioner Steve Nodine has arrived at the Baldwin County Jail for processing following a new indictment in the death of his former girlfriend, Angel Downs.

Nodine's attorney, Dennis Knizley, tells LOCAL 15 News he received a call from the Baldwin County Sheriff's Office, telling him Nodine had been indicted again and needed to turn himself in for processing. The exact nature of that charge is not known at this point.

Knizley tells us he plans to immediately file a motion to have a bond hearing, which he hopes will allow Nodine to remain out of jail on bond and on house arrest.

Nodine is already charged with the murder of Angel Downs, who was found shot to death in her driveway in Gulf Shores in May. Witnesses report seeing Nodine's truck leaving the scene around the time of her death.

LOCAL 15 News has a crew waiting at the jail for Nodine's arrival. We'll keep you updated throughout the day online and on the air as this story develops.

 

[ChaCha]

UPDATE: Steve Nodine Indicted on Stalking and Ethics Violation Charges

Reported by: Local 15 News Staff Email: local15@local15tv.com

Print Story Published: 9:26 am ShareThis Updated: 10:34 am (BAY MINETTE, Ala.) -

Former Mobile County Commissioner Steve Nodine has arrived at the Baldwin County Jail for processing after being indicted on new charges by a Baldwin County Grand Jury. The indictment includes stalking and ethics violation charges.

Nodine's attorney, Dennis Knizley, tells LOCAL 15 News he received a call from the Baldwin County Sheriff's Office, telling him Nodine had been indicted again and needed to turn himself in for processing.

Knizley tells us he plans to immediately file a motion to have a bond hearing, which he hopes will allow Nodine to remain out of jail on bond and on house arrest.

Nodine is already charged with the murder of Angel Downs, who was found shot to death in her driveway in Gulf Shores in May. Witnesses report seeing Nodine's truck leaving the scene around the time of her death.

LOCAL 15 News has a crew waiting at the jail for Nodine's arrival. We'll keep you updated throughout the day online and on the air as this story develops.

 

[ChaCha]

Nodine Back in Stripes By Kevin Lee
WEB EXCLUSIVE
OCTOBER 13, 2010

Embattled former Mobile County Commissioner Stephen Nodine was arrested and booked into Baldwin County Corrections Center Wednesday morning in connection with new charges stemming from the May 9 shooting death of longtime paramour Angel Downs.

Originally indicted in May for murder, Nodine now faces crimes of stalking and ethics violations in addition to an expanded murder charge.

“The first indictment he was simply charged with intentional murder,” Baldwin County District Attorney Judy Newcomb told press. “This grand jury has said it was either intentional murder or murder while he was committing the dangerous felony of stalking.”

Newcomb said the May 24 murder charge will be voided.

Attorneys Dennis Knizley and John Williams escorted a coat-and-tie-clad Nodine through a chain link cage and into the Bay Minette facility just after 10 a.m. The accused ex-politico was mum. Knizley questioned the new tack by prosecutors.

“With these new indictments they have developed a new alternative theory of murder,” Knizley said. “That alternative is, ‘Now we’re saying it’s intentional murder or maybe it’s not, but now it might be murder in the course of stalking.’ So what’s going on here?”

“This says the investigation has been ongoing since May,” Newcomb offered. “We have gathered even more information regarding the conduct between Mr. Nodine and Ms Downs and we have rendered this indictment so that all evidence can be presented at his trial.”

Knizley said he would file a motion to sever the murder charges from the stalking and ethics charges.

The new indictment originally carried a $350,000 bond, but the defense team and Newcomb met with Circuit Judge Charles Partin who agreed to a $100,000 reduction in that sum. However, the process begins anew.

“ We have to get another $100,000 corporate surety bond,” Knizley said. “We have to get the property owners to go back to Mobile County to have the Mobile County sheriff to approve that property to bring it over here. It’s a long, hard procedure but the conditions as far as the amount of the bond are the same.”

That would be in addition to seeking a hearing on the new charges, the bail and conditions of release. The defense’s expectations on completing the process are “hopefully by this afternoon but more than likely tomorrow.” Nodine spent the summer on federally supervised house arrest. He was allowed to leave his Midtown residence for legal, medical and religious matters. In recent weeks, unsubstantiated rumors raced through the community of the defendant being spotted jogging or downtown at various cultural events. He was also photographed by a Mobile resident in the aisles of Best Buy, a big box electronics store in Springdale Plaza. Judge Partin followed Newcomb’s latest recommendations for more restrictive confinement should he meet bail.

“Basically the same restrictions are in place, but there will be a bit more constraints about retail shopping,” Knizley said. Another new clause in the conditions: “Defendant shall not be in any establishment that serves alcohol as its primary business or reside in a place where alcoholic beverages are present.”

Both sides say they are ready to meet the murder trial on the current schedule with jury selection slated to begin Dec. 6.

“We want this case to come before a jury and a jury to decide this case,” Knizley said. “If they had this information five-and-a-half months ago, then let’s bring it up then. We’re ready for a jury to resolve these issues.”

Jury selection in Nodine’s federal firearms trial is presently set for Nov. 1 with a tentative trial date for later that month.

Nodine’s trial for drug charges in connection with marijuana and Lortabs found in his county-issued truck is presently set for Nov. 30.

 

[ChaCha]

Former Mobile County commissioner Stephen Nodine freed from Baldwin County jail
Thursday, October 14, 2010, 7:03 PM
Kim Lanier, Press-Register

BAY MINETTE, Alabama -- Stephen Nodine, facing multiple charges in connection with the May shooting of his girlfriend, headed back to Mobile and house arrest late Thursday afternoon after being freed from the Baldwin County Corrections Center.
Nodine, 47, a former Mobile County commissioner, spent a night in the jail before his release today when authorities in Baldwin County approved his $250,000 bail on a new indictment served this week.
An arraignment hearing has been scheduled Oct. 22 in Circuit Court for Nodine, who turned himself in to authorities Wednesday on the new murder indictment that adds a stalking charge and an ethics violation.
His attorney, Dennis Knizley, indicated he may file a motion to separate the new charges from the murder charge. As of Thursday afternoon, no new motions had been filed, according the Baldwin County Circuit Court Clerk’s Office.
Baldwin County District Attorney Judy Newcomb dropped the previous murder indictment that charged Nodine solely with the intentional murder of Angel Downs in the wake of the three-count indictment handed down by the September grand jury.
Nodine is scheduled to go trial in Baldwin County in December. If convicted, he would face sentences of 10 years to life on the murder charge, one to 10 years for stalking and two to 20 years on the ethics violation, according to Newcomb.
The former commissioner is also expected to be tried in November on a federal charge of being an unlawful drug user in possession of firearms. Prosecutors contend that he was abusing both marijuana and Lortab while he had a pair of handguns.

 

[ChaCha]

Courthouse Rumors & Whispers: Is Nodine Facing New Indictment?

BAY MINETTE, AL: October 13 – As a Baldwin County Grand Jury continued in session Tuesday persistent rumors and whispers circulated through the courthouse that possibly as early as Wednesday former Mobile County Commissioner Stephen Nodine would be indicted on another charge related to the May death of his mistress Angel Downs, 45, of Gulf Shores.
Normally BaldwinNewsNow.com would not report on rumors in a news story but these reports – by the end of the day Tuesday – reached the level of virtual common knowledge around the courthouse.
Officials with the District Attorney’s office – when asked about the rumors – could only point out that it is unlawful for them to comment on grand jury proceedings.
Nodine’s attorney Dennis Knizely said Tuesday that he had heard the rumors but knew of no new charges or pending arrests relative to his client though legal experts were quick to point out that Nodine’s attorney would normally not know of a pending arrest or new charge.
Courthouse observers and insiders indicated that a new charge indicting Nodine for Criminally Negligent Homicide could come as soon as today. These same observers pointed out that they felt the new possible charge – if it comes – signals that the District Attorney’s Office feels their Murder charge against Nodine is weak.
Nodine is set to stand trial in November in Federal Court on gun charges and is currently scheduled to begin trial for murder in Baldwin County Circuit Court in December.

 

[ChaCha]

“I Did Not Harm, Hurt, Or Kill Ms. Angel Downs”
Thu, Oct 14 2010
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by Jessica Taloney
Published: Thu, October 14, 2010 - 2:06 pm CST

Former Mobile County Commissioner Steve Nodine called his arrest "political persecution" as he was released from the Baldwin County jail for a second time. WATCH THE VIDEO

Jessica Taloney BAY MINETTE, Alabama - 7:21 p.m.
"I want to thank the Lord, God and Jesus Christ, my Savior for the strength during these tough times. It's been a very difficult six weeks. I did not harm, hurt or kill Ms Angel Downs. I pray for her and her family. Its been a devastating loss to friends and family alike. It's been difficult for my 14 year old son ... The political persecution certainly makes you wonder how the justice system is really going on in Baldwin County."

6:30 p.m.
Former Mobile County Commissioner Steve Nodine called his latest arrest "political persecution" as he was released from the Baldwin County jail for the second time in four months.

Nodine emerged from the jail around 6:30 Thursday evening. He briefly spoke to reporters saying his ordeal has been hard on his family, especially his 14 year old son. Nodine asked reporters to respect his privacy.

Mickey Dearmon, a friend of the former commissioner, was waiting outside of the jail to pick him up.

The conditions of Nodine's release are more restrictive than his previous release last June. Nodine is wearing an electronic monitoring device and is only allowed to leave the house where he is living to go to court, his attorney's office, the doctor or church.

After Nodine's inital arrest he was allowed to leave the house for purposes approved by his probation officer.

2:00 p.m.
Former Mobile County Commissioner Steve Nodine is expected to be released from jail this afternoon after spending one night behind bars.

Nodine, who was arrested yesterday on a new murder charge, a stalking charge and an ethics violation, is in the process of posting his $250,000 bond.

The latest indictment, which accuses the ex-commissioner of threatening his long-time mistress before he allegedly murdered her, replaces the previous murder charge, which prosecutors have now dropped.

Dennis Knizley, Nodine's attorney, told News Five on Thursday morning that Nodine will use the same property that was put up last June to get him out of jail, and they will seek ought a bonding company to put up the remaining $100,000.

Nodine is accused of killing his long-time mistress Angel Downs. She was found shot to death in the driveway of her Gulf Shores condo on Mother's Day.

 

[ChaCha]

(BAY MINETTE, Ala. ) - Former Mobile County Commissioner Steve Nodine is out of jail after posting $250,000 bond on murder, stalking and ethics charges and for the first time since his initial arrest six months ago, spoke to reporters.

"I want to thank God, Lord Jesus Christ my Saviour for the strength during these tough times, it's obviously been a very difficult six months," said Nodine.

Nodine also answered, for the first time publicly, the question so many had been asking, "I did not harm her or kill Ms. Angel Downs, I pray for her and her family it's been a devastating loss to all of us friends and family alike, it's been difficult certainly on my 14-year old son," he said.

Statement Analysis
Note: First person singular, past tense is strong.
Note: Angel Downs, full name used. Formal; yet later he says “us friends and family” which is closer.
Note: “I did not harm or kill”; harm is mentioned first. Since he is facing murder charges, we would not expect to hear “harm” as part of the statement. This minimization suggests deceit. Also note that “harm” comes before “kill”, which confirms the reduction.

In his prayer, he prays for “her first, then her family, but his son is last. This indicates that he is likely not close to his 14 year old son (no name) and that the “I” and his “son” are as far apart in his sentence as possible.

…. and brings up the question regarding religion (he brought the issue into the statement): would he be praying for someone deceased?

 

[ChaCha]

original link
Published: Thursday, October 21, 2010, 5:39 PM

BAY MINETTE, Ala. — A not-guilty plea was entered today for former Mobile County Commissioner Stephen Nodine, who waived an arraignment hearing scheduled today in Baldwin County Circuit Court.

Defense attorney Dennis Knizley said he filed the waiver and plea for Nodine, who faces charges of murder, stalking and an ethics violation in connection with the May shooting death of his 45-year-old girlfriend, Angel Downs of Gulf Shores.

The trial is scheduled to begin in December.

Nodine surrendered to Baldwin authorities in May after being indicted for murder. He was released on bail in June and placed under house arrest in Mobile.

On Oct. 13, he turned himself in at the Baldwin County Corrections Center on a three-count indictment returned by a September grand jury. He was placed back under house arrest the next day after posting bail of $250,000.

The original one-count murder indictment was dropped.

 

[ChaCha]

http://wkrg.com/a/1093508
by Chad Petri
Published: Fri, October 15, 2010 - 2:18 pm CST
Baldwin County District Attorney Judy Newcomb says this case is about justice for Angel Downs, not politics.

Chad Petri BAY MINETTE, Alabama - After bonding out of jail Thursday night embattled former county commissioner Steve Nodine made a rare statement. He said he did not hurt Angel Downs and that he is the victim of, in his words, “political persecution.” I talked with Judy Newcomb about his remarks Friday. The Baldwin County DA says this case is about justice.

“Since Mr. Nodine is not a resident of Baldwin County and I'm not a resident of Mobile County I don't quite understand his comment,” says Newcomb.

Nodine attorney Dennis Knizley says his client spoke last night without consulting council. He says his client was under a lot of stress and their only interest is proving his client’s innocence. We’ll have more with both Newcomb and Knizley later today on News 5.

 

[ChaCha]

I'd be interested if it was a blind plea where he basically throws himself at the mercy of the court. A desperate act to keep info out of the murder case.
I believe this was predictable. But I know Nodine didn't want to do it.

http://blog.al.com/live/2010/10/stephen_nodine.html

Former Mobile County Commissioner Stephen Nodine pleads guilty to federal gun charge
Published: Thursday, October 28, 2010, 4:48 PM by Brendan Kirby, Press-Register


MOBILE, Ala. — Former Mobile County Commissioner Stephen Nodine pleaded guilty today a federal gun charge, abruptly ending a case that was set to go to trial next week.

Nodine, 47, entered his plea in front of U.S. District Judge Ginny Granade to a charge of being an unlawful drug user in possession of firearms. As part of the plea bargain, prosecutors agreed not to seek a sentencing enhancement based on the May shooting death of Nodine’s girlfriend, Angel Downs.

Such an enhancement could have resulted in the maximum, 10-year sentence. Instead, Nodine faces a prison term 10 to 16 months, according to a preliminary calculation of advisory sentencing guidelines by the U.S. Probation Office. Granade scheduled his sentencing hearing for April.

Nodine remains on track for a Dec. 6 trial in Baldwin County Circuit Court on charges that he stalked and murdered Downs, a real estate professional who had carried on a years-long affair with him, according to law enforcement authorities.

He continues to deny those allegations, but acknowledges that he did have a pair of handguns during a period when he was using marijuana.

"I just accept responsibility for what has happened, and I apologize to (ex-wife) Kimberly and (son) Christopher for putting them through this," Nodine said on the steps of the federal courthouse.

Dressed in a navy blue suit, Nodine politely answered questions posed by Granade to ensure that his plea was knowing and voluntary.

Outside the courthouse, defense attorney Gordon Armstrong said the plea will allow Nodine to turn his full attention to defending himself against the "false charges and allegations" in Baldwin County.

"He did not shoot Ms. Downs," Armstrong said. "The evidence at the scene bears that out. The notion that he stalked her is even more ludicrous."’
Nodine was a popular, politically ambitious county commissioner when a gunshot to Downs’ head on Mother’s Day sent his career into a breathtaking tailspin. Less than an hour after discovering Downs’ body in the driveway of her Gulf Shores home, law enforcement authorities were searching for Nodine.

After learning that detectives wanted to talk with him, he had his lawyer meeting him at a restaurant on the Eastern Shore and drive him to the Sheriff’s Office, where investigators questioned him for four hours. He consistently has denied that he was with Downs when she was shot.

The next morning, Mobile County Commission attorneys Jay Ross and Mark Erwin went to check on Nodine at his home. Erwin described him as a "basket case," and Nodine gave the men a pair of pistols, including one that had been issued to him when he became a county commissioner by then-Sheriff Jack Tillman.

Although neither gun was used in the shooting, they formed the basis of the federal case. Under federal law, it is illegal for a person to have guns at the same time he is abusing drugs.

Related topics: Angel Downs, federal gun charge, murder charge

 

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Nodine Admits To Drug Use, Pleads Guilty To Federal Gun Charge

by Jessica Taloney
Published: Thu, October 28, 2010 - 4:13 pm CST


BREAKING NEWS Former Mobile County Commissioner Stephen Nodine has pleaded guilty to a federal firearms charge.

Jessica Taloney MOBILE, Alabama - Former Mobile County Commissioner Stephen Nodine has pleaded guilty in federal court to allegations that he owned a gun while addicted to a controlled substance.

Nodine admitted to "occassional use of marijuana," according to his attorney Dennis Knizley, who insists Nodine did not know smoking pot while posessing a gun is a federal offense. "Once he realized it was a federal crime he accepted responsibility for it."

Nodine could face up to ten years in prison for the charge. His sentencing is tenatively scheduled for six months from now.

Nodine is also scheduled to stand trial in Baldwin County in December for the murder of his long-time mistress, Angel Downs. "Rest assured there will not be a guilty plea in the murder case," said Knizley.

Click here to read details of the guilty plea.

News Five is following this breaking news story. We'll have the latest on News Five at 5 and 6.

 

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Nodine witness list is eclectic bunch
By Kevin Lee
NOVEMBER 16, 2010

The initial witness list for ex-Mobile County Commissioner Stephen Nodine's murder trial contain a surprising mixture of federal employees from various agencies, Mobile County employees, attorneys, a conservationist, several realtors, a victim's rights advocate and a media personality. The trial is on the December term of Baldwin County Circuit Judge Charles Partin's docket, set to begin on Nov. 29.

Nodine is charged in the May 9, 2010 shooting death of Benchmark realtor and paramour Angel Downs outside her Gulf Shores condominium.

Called by the state:

Dolly and David Gatlin- The Gatlins are owners of Gatlin Heating and Air and helped secure $150,000 in property bonds for Nodine's release into house arrest. They live four doors down from Semmes resident Mickey Dearmon, who initially offered to post bail for and house Nodine.


Jim Martin

Christene Salley- Salley was a friend of Downs' who, like Downs, worked in real estate. Salley also worked at Pelican Reef, a bar and eatery on Fowl River in Mobile County.


Dorothy Gense

Nancy Hill

Gina Williams

Roland Naseman

Carla Canale

Peggy Hightower

Ann Myers

Roger Whitehead

Aaron Pugh

Tom Dengen

Lannie Hill

Barbara Posey

Bridgette Deir


Mark Erwin- A Nodine associate who was formerly employed as a county attorney during Nodine's time on the county commission. He led an unsuccessful bid for the Mobile County District Attorney's office during the murder case's initial months.


Greg Peterson- WPMI news anchor shown on phone logs as one of the first people to contact Nodine in the hours after Downs' death.


Tina Anderson

Joshua King


Matt Green- Former Nodine defense attorney, he was counsel for the defendant from the December 2009 discovery of marijuana and Lortab in Nodine's county-issued truck until Dennis Knizley was brought in following the murder.


Jay Ross- Another Nodine associate employed as a county attorney during Nodine's time on the county commission. He and Erwin were called to the Nodine household on May 10, 2010 where they found the defendant in a state of emotional distress. They described taking firearms from the household and surrendering them to Green who delivered them to law enforcement.


Chuck Carraway

Chris McCay

Jaclyn McCarn, District Administrator/Assistant, Mobile County Commission

Bethany Kraft, Executive Director of the Alabama Coastal Foundation

Becky Gilmore

Ismael Villarreal

Kimberlee Nodine- Ex-wife of the defendant

Dr. Marshal D. Showmaker, MD of Fairhope

Dr. Richard L. Snellgrove, MD, Eastern Shore Internal Medicine



Called by the defense:


Custodian of Records, Department of Homeland Security, Mobile

Custodian of Records, Department of Homeland Security, Montgomery

Custodian of Records, National Oceanic and Atmospheric Administration, Maryland



Called by defense and state:



Custodian of Records, Rite Aid 7180, Gulf Shores, Ala.

Custodian of Records, Walgreen's, Gulf Shores, Ala.

Det. Justin Clopton

Custodian of Records, Benchmark Realty, Mobile

Ofc. Timothy T. Dennis

Ofc. Charles E. Smith

Custodian of Records, Department of Homeland Security, Robertsdale, Ala.

Custodian of Records, South Baldwin Regional Medical Center, Foley, Ala.

Cherry and Larry Simpson- Simpson is a victims' rights advocate in Mobile

Patrick L. Goff, a forensics expert

Justin E. Sanders, MSFS, Department of Forensic Sciences

Mary E. Langham, MPH, Department of Forensic Sciences

Eugene L. Hart, MD

Rob Cunningham, Benchmark Realty

Custodian of Records, National Oceanic and Atmospheric Administration, Mobile

Baldwin County District Attorney Judy Newcomb told Lagniappe the Nodine case will follow the Troy MacDonald trial on Partin's schedule. MacDonald recently entered a guilty plea and likely reduced the time required in court for a matter that originally listed close to 150 witnesses.

"I think we ought to get this around the second week in December," Newcomb said of the Nodine trial. "That sounds about right."

Newcomb also said the witness list was likely to grow from the current total of 49 since the investigation will continue until a verdict is returned. Of those, 27 were given on Nov. 2, another added Nov. 5, three more on Nov. 9 and the remaining 18 on Nov. 15.