Nodine released from federal prison

MOBILE, Ala. (WALA) - Steve Nodine is a free man. The murder suspect and former Mobile County Commissioner was released from a federal prison in Miami, Florida Monday morning.

But Nodine's legal troubles are far from over.

In May 2011, Nodine walked into a federal courthouse a free man, but left in handcuffs. He was headed for a Federal Correctional Facility in Miami.

Monday, the convicted felon is out of prison and bound for Mobile County.

Gordon Armstrong represented Nodine in his federal gun charge case and talked to FOx10 about his client's time behind bars.

"He spent a lot of time in self reflection. He spent a lot of time thinking about the case he has before him. So, he's focused on not only trying to get his life re-established but also get himself vindicated in Baldwin County," said Armstrong.

Nodine still faces a murder charge in Baldwin County in connection with the shooting death of his mistress Angel Downs. Downs was found dead in the driveway of her Gulf Shores condo on Mother's Day 2010. She had been shot in the head.

The first murder trial ended in a hung jury. Nodine maintains Downs shot herself.

"Angel would not want this hate and vile attitude towards what is going on. She was a peaceful person and she decided to take her own life," said Nodine in an interview in April 2011.

Baldwin County special prosecutor David Whetstone thinks otherwise.

Nodine's defense attorney, Pascal Bruijn, said a second murder trail is expected to start up in August.

Meanwhile, FOX10 News has learned Nodine must meet with Baldwin County Sheriff's Investigators in the next 24 hours to be fitted for a monitoring device.

He also has to check in with the feds in Mobile.

"He's still on supervised release. He'll have three years of supervised release. I have no doubt he'll be calling me from time to time about different matters," said Armstrong.

Armstrong said he did not know where Nodine is headed, exactly, and neither did Bruijn.

FOX10 News has reached out to the Downs' family attorney, but have not heard back as of yet.

Armstrong said there is a case out of Virginia he is watching closely that deals with the same federal charge that sent Nodine to prison.

Armstrong said if that statute is overturned for being unconstitutional, it could have an impact on Nodine's case.

Nodine was convicted of being in possession of a firearm while using marijuana.

Armstrong said it is a statute that is rarely used.

"[It] kind of encroaches on the second amendment right to bear arms," he said. "The case in Mobile County, there are state court cases where people get arrested for possession of marijuana, cocaine, or some type of illegal substance who also possesses a firearm. There are a number of those arrested every month that are never prosecuted, very rare."

Armstrong believes Nodine was prosecuted because "he was Steve Nodine, and had a target on his back."