Status of Nodine trial expected from DA

BALDWIN COUNTY, Alabama (WALA) - Will Steve Nodine be re-tried for the murder of Angel Downs? Baldwin County District Attorney Hallie Dixon has not made her intentions known yet, but has called a press conference.

Dixon met with the family of Angel Downs this past Friday to update them on the status of the case. Dixon, as well as the Downs' attorney, were not available for comment Monday.

FOX10 News asked defense attorney Dennis Knizley which would surprise him more; the decision to re-try or the decision not to re-try the case?

"Neither one would surprise me. I think its equally likely they would do either one," Knizley said.

Knizley defended Nodine in the two-week long murder trial, and if his client gets tried again, he said he won't change his plan too much.

"Try harder! We probably won't try the case substantially different. We will continue to investigate the matter. If other info comes to our attention, we will look into it. We will review the transcript of the trial and we will review all the witnesses and make sure there is nothing about the testimony and prior witnesses that needs further scrutinization. If there is something that needs further scrutinization we will be sure to do so," Knizley said.

Knizley also said if Dixon wants to re-try the case he hopes it won't happen in Baldwin County.

"Yes, absolutely we are going to ask for a change in venue in this case because of the media saturation that has taken place during the trial of the case," added Knizley.

The possibility of bringing in a special prosecutor for the case has also been discussed. Retired Baldwin County District Attorney David Whetstone has said he would be willing to prosecute the case if Dixon wanted him to and if the Attorney General appointed it to him.

"David is a fine lawyer, a good prosecutor and if the Attorney General appoints him, I'm sure he'll try a good case," Knizley said.

Nodine's re-trial date is scheduled on the court docket for next month. Knizley will represent Nodine again.

"Well, we are going to be ready to try the case on February 28 when it's presently set and that jury term, before that time and in the very near future we will be filing a motion to change the venue of the case if they say the case will be tried sometime in the next month and they can be properly prepared by that time. I would expect to try the case at that time if for some reason they cant be, I'm sure they will ask the court to put the case off until such time as they had to review the case," Knizley said.

Knizley has hired a third party to conduct a survey of the jury pool in Baldwin County to support his request for a change in venue.

"It's more difficult than any other case we've had in this area for a long long time to get a jury that has not only heard about the case, but formed some opinion about the case and I think that you'll find that once we file the motion to change the venue," Knizley added.