Judge declares mistrial in Nodine trial

BAY MINETTE, Alabama (WALA) - UPDATE 5:09 p.m. The jury in the Steve Nodine murder trial is in a deadlock of Count 1 of murder and Count 2 of stalking. The jury has found Nodine guilty on Count 3, which is ethics violation. Judge Charles Partin has declared a mistrial on murder and felony stalking charges.

4:37 p.m. The judge asked the jury if they wish to continue for the evening or come back tomorrow.

The jury said they wish to continue, they said "give us another hour."

3 :42 p.m. The jury is deadlocked on Counts 1 and 2 and have a verdict on Count 3.

Count one is murder.
Count two is stalking.
Count three is ethics violation.

Judge Charles Partin has ordered the jury to go back and begin deliberations again. He said they have invested two weeks into the trial, and feels they can reach a decision.

3:36 p.m. A juror handed the court administrator a note.

"How do I state a non unanimous vote?" they asked the judge.

"If you can't reach a unanimous decisions with respect to a particular count, they don't report that unless they are hopelessly deadlocked," said Partin.

3:15 p.m. Jury wants a break in the Steve Nodine murder trial. The jury has been deliberating since 9:44 Monday morning.

2:46 p.m. "Do we have to come to a one hundred percent unanimous vote for guilty or not guilty on all three charges?" asked the jury.

"Yes you have to reach a unanimous decision, with respect to each of the verdicts," answered Judge Charles Partin. "Each verdict must be unanimous. But you don't have to reach the same finding on each of the three charges."

1:16 p.m. The jury is back in deliberation.

12:06 p.m. The jury is breaking for lunch in the Steve Nodine murder trial.

10:44 a.m. The jury has a question in the Steve Nodine murder trial. The jury has reported to court personnel that one of the CD's is not working. The CD could be of one of the body cams worn by a Gulf Shores Police Department Officer, yahoo CD with emails, or the 911 call.

The Baldwin County District Attorney's Office is wheeling a television into the courtroom.

9:46 a.m. The jury is now in deliberations. The alternate juror has been excused.

8:59 a.m. Judge Charles Partin is charging the jury in the Steve Nodine murder trial. Nodine is accused of killing his longtime mistress Angel Downs.

The jury must decide between felony murder, intentional murder or not guilty. Nodine is also accused of stalking and ethics violations.

Once charging is done, the jury will begin deliberations.

Judge Partin said electronic messages and statements made in the days before Downs' death will be used to determine her state state of mind at or about her time of death.

All three verdicts must be unanimous, all 12 people must agree.

"You must decide each count separate and apart from the other counts of the indictment," said Judge Partin.

The defendant is under no burden to establish his innocence," said Judge Partin.

Judge Partin went on to explain the burden is on the state to establish that Angel Downs did not die from suicide.

Count 1: Intentional murder or the alternative felony murder.

Intentional murder: did the state prove beyond a reasonable doubt that the victim Angel Downs died as the result of suicide or not?

"But if you determine that state has proven be a reasonable doubt that Downs died as a result of a homicide, then you will move your deliberations to determine whether the state has proved intentional murder of felony murder.

"The state must prove beyond a reasonable doubt three things for intentional murder: That Stephen Nodine acted intentionally and his purpose was to cause the death of Angel Downs," said Judge Charles Partin.

1. That Angel Downs is dead
2. That Stephen Nodine caused the death of Angel Downs by shooting her
3. That in committing the act which caused the death of Angel Downs the defendant acted with intent

"Intent can be formed on the spur of the moment," said Judge Partin.

Judge Partin said mere proof that the defendant was at the scene of the death is not enough to sustain a conviction.

"The second alternative allegation is felony murder," Judge Partin told jurors.

The law says that a person commits a felony murder if he commits or attempts to commit burglary first degree, arson first degree, kidnapping first degree, rape in first degree, robbery in any degree, sodomy in first degree or any other felony, is clearly dangerous to human life.

"The other felony alleged in the second alternative is stalking," Judge Partin added.

Count 2: Stalking. The law in Alabama says that a person commits stalking if he intentionally and repeatedly harasses another person and the defendant makes a credible or believable threat either expressed or applied to place that person in fear of death or serious body harm.

In order to sustain a conviction for stalking the state must prove beyond a reasonable doubt each of the elements:

1. That Stephen Nodine intentionally and repeatedly harassed Angel Downs
2. That Nodine expressed or implied a credible threat