Dixon responds to defense's motion

BALDWIN COUNTY, Ala. (WALA) - Baldwin County Judge Charles Partin heard the defense's motion earlier this week and ordered the prosecution to decide on which of two indictments to pursue against Nodine.

Baldwin County District Attorney Hallie Dixon feels the prosecution should go after the criminally negligent homicide charge.

Her explanation is part of her response to the defense's motion to dismiss the murder charge.

When asked about DA Dixon's response, Nodine's attorney Pascal Bruijn sent the following statement via e-mail to FOX10 News.

"DA Dixon's letter confirms that we were days away from having the murder and stalking charges dismissed. It further shows that the timing of the takeover of the case by the AG wasn't accidental and that the takeover was hostile and done with one purpose in mind which was to keep the murder charge alive despite a Baldwin County grand jury determining it is not a proper charge when reviewing all the evidence. We are also interested in viewing the exculpatory evidence mentioned in her letter."

The prosecution has ten days to choose which indictment to prosecute Nodine on.