Newcomb denies misconduct claims

MOBILE, Ala. (WALA) - Attorneys for former Mobile County Commissioner Steve Nodine are doing everything they can to get the charges against their client, dismissed. Nodine had been accused of killing his mistress, Angel Downs on Mother's Day, 2010.

One of his attorneys, John Beck filed 3 motions Wednesday, including one alleging misconduct by a former prosecutor.

Beck charges that former Baldwin County District Attorney Judy Newcomb knew, before Nodine's murder trial, that the password-protected BlackBerry belonging to Angel Downs could be opened and examined. But it wasn't.

Beck also says the current D.A. Hallie Dixon hired an expert who was able to examine the smartphone and discovered that Nodine was not stalking Downs and in fact the two of them had made plans to spend the day in question together.

The motion also claims Newcomb purposely withheld photographs of Angel Downs which showed she had wounds on her hands before her death.

Beck also claims that Newcomb used "aggressive techniques" to get the first medical examiner in the case, Dr. Eugene Hart to change his opinion from suicide to "inconclusive".

The bottom line? Beck wants the murder charge dismissed.

Newcomb told Fox 10 News anchor Bob Grip, the claim that the BlackBerry could be opened was incorrect, and that testimony in the trial from a forensic expert said it couldn't be opened safely.

What about withholding photographs? She denied that.

When it comes to using "aggressive techniques", she denied that as well.

Baldwin County Judge Charles Partin ruled that special prosecutor, and former Baldwin County District Attorney David Whetstone must choose between either the murder charge or the criminally negligent homicide charge facing Nodine. The judge also agreed to separate the perjury charge from the negligent homicide charge, and agreed to reduce Nodine's bond.