Atty. general's office takes over Nodine case

FOLEY, Ala. (WALA) - The Baldwin County Sheriff's Office has announced the Alabama Attorney General’s Office will take over the case against former Mobile County Commissioner Steve Nodine.

Attorney General Luther Strange has appointed David Whetstone to prosecute Nodine. Whetstone served as Baldwin County district attorney from 1984 to 2006.

This comes after an August grand jury met under Baldwin County District Attorney Hallie Dixon and decided not to retry Nodine on capital murder for the death of his former mistress, Angel Downs. Instead, Dixon announced two new charges, negligent homicide and perjury.

Whetstone said he will be looking at both the new and original indictments.

"I intend to pursue all charges as they have been indicted unless I have evidence to the contrary,” said Whetstone.

Dixon has not filed to dismiss the murder charge, meaning that charge is still pending.

The Nodine defense team said the new development is fueled by politics. Nodine’s newest attorney John Beck said “it’s comedic.”

“I think it's unfortunate for all the citizens of Baldwin County that now we have a justice system that is more indicative of a three ring circus, not for seeking justice,” said Beck.

Beck and Pascal Bruijn said their case is stronger than ever and don't think there is a reason Nodine would be tried under the original charge.

"There’s information known to us that is apparently not known to Mr. Whetstone that is detrimental to the state's case. I am not going to go into detail, but there have been state funds expended on an expert that agrees that it was suicide,” said Bruijn.

Whetstone said a judge will decide which charge or charges stick. In the meantime, he plans to pursue each charge the same and close the Nodine case once and for all.

"I think we should try to move this case and move on to other matters,” said Whetstone.

The defense thought that was what current District Attorney Hallie Dixon was already doing.

"This is a pure power play in Baldwin County between prior DA forces and current DA forces, and obviously, no one wants to get their cases taken from them, and Mrs. Dixon is more than capable of trying a case, and I think it was taken from her,” said Bruijn.

Whetstone worked with former district attorney Judy Newcom the first time this case went to a grand jury. He did not have any involvement in the case while it was in the hands of Hallie Dixon.

Downs was found shot to death in her Gulf Shores condo in May 2010. Nodine was charged with murder, but the trial ended in a hung jury.

Since, Dixon and the district attorney’s office has changed their stance saying Downs pulled the trigger.

Dixon issued the following statement Wednesday afternoon:

“From the very beginning, we informed the victim’s family that we would transfer the case to the Attorney General’s Office if the family so desired and if the attorney general accepted the case. Just prior to convening the grand jury that indicted Mr. Nodine on a charge of criminally negligent homicide, family representatives again declined this option.

“We understand that Ms. Downs’ family has suffered a terrible loss, and we will continue to work toward a just outcome.

“Our office will cooperate fully with the attorney general to ensure that the case file is transferred promptly and to provide all available information regarding the case.”

Thursday, Oct. 20, the Downs family sent FOX10 a statement about the case changing hands:

“Our family is very pleased that the Attorney General’s office has taken this case and that Mr. Whetstone has been appointed as the special prosecutor in the pursuit of justice for Angel.”