Briefs filed in Nodine re-trial

MOBILE, Ala. (WALA) - Will the Steve Nodine murder retrial be dismissed, or will it continue as scheduled? That's what Judge Charles Partin must decide. Both sides have responded to the motion to dismiss.

The defense tries to blame former Baldwin County District Attorney Judy Newcomb who led the prosecution during Nodine's first trial.

The defense claims three things:

• Newcomb had conscious disregard of what was on Angel Downs' blackberry.
• Newcomb failed to disclose photographic evidence of wounds on Downs' hand and when they occurred.
• Newcomb's office pressured the state medical examiner to list Downs' death as a "homicide". In Dr. Eugene Hart's report, he lists Downs' death as "undetermined".

In the hearing in May, several witnesses testified and the state is using that testimony to dispute these allegations. Hart testified no one forced him to change his professional opinion and no one had threatened him. Nodine's defense attorney from the first trial testified he did in fact get the pictures of Downs' hand ... and as for the blackberry, the state said several attempts were made to unlock it.

The state wants the defense claim thrown out. Judge Charles Partin ruled last month that the trial, if held, would be moved to Houston County. That trial is set to begin September 10.