Nodine motion filed 2 days before hearing

BAY MINETTE, Ala. (WALA) - Photographs, text messages, and the gun used the night Angel Downs died are just some of what was mentioned in new information provided to Nodine's defense team by Baldwin County District Attorney Hallie Dixon.

Nodine's defense received the information from Dixon less than a week ago. In a motion filed Monday , Nodine's defense team asked for more time to investigate the possibility of prosecutorial misconduct against former Baldwin D.A. Judy Newcomb, alleging she withheld evidence. Dixon said she hoped by providing the document, it will protect her office against any allegations of misconduct.

Dixon said the information had developed since Nodine's first trial last December. Dixon believes the new evidence could help clear the former Mobile County Commissioner.

Dixon's document listed many findings by her office, including one about the gun that killed Downs.

"The firearm in this matter was sent to DFS and test-fired prior to any effort at 'printing' the gun was made or documented."

Dixon also had information about Downs' blackberry, that was unable to be unlocked during Nodine's first trial. Dixon said after unlocking Downs' BlackBerry, her office found evidence that Nodine was not stalking Downs, including text messages that had "Ms. Downs asking what the defendant wanted her to cook for dinner" and "Requests for the defendant to give Ms. Downs money."

Dixon also said, "Photographs contained in the state's trial notebook depict the existence of the injury to the hand the night before Ms. Downs' death."

Photos that were used as evidence in Nodine's first trial showed injuries to Angel Downs' hand. The state's expert witness, Dr. James Downs, who is not related to the victim, described them as "defensive wounds" suggesting Downs was involved in a struggle the night she died. Much of Downs' testimony is disputed in the document.

Judge Charles Partin granted the defense's wish for more time and set a hearing for December 20 on the prosecutorial misconduct motion. A hearing is still set for Wednesday on two other motions to dismiss filed by the defense.

The other two motions are a Motion to Compel and Enforce Agreement and a Motion to Dismiss Interests of Judgement .

As for the prosecution, special prosecutor David Whetstone was named by the Attorney General's office last month, when the AG's office took over the case from the Baldwin County District Attorney's Office. Whetstone has said he wants to try Steve Nodine for murder.

Steve Nodine is accused of murdering his longtime mistress Angel Downs on Mother's Day 2010. Downs was found in her Gulf Shores driveway, with a single gunshot wound to her head.

Nodine is currently serving time for federal gun charge in Miami.