MOBILE, Alabama (WALA) - Former Mobile County Commissioner Steve Nodine made anappearance at the federal courthouse Monday for a detention hearingabout a gun charge. The feds are willing to release him onbond.
At the federal courthouse in downtown Mobile, Judge WilliamCassady made a decision that could affect Steve Nodine's future.The judge denied the government's request to keep the former countycommissioner in jail.
The government called on an ABI agent to claim that Nodinereceived more than 2,000 hydrocodone/lortab pills through severaldifferent pharmacies from four different doctors. The governmentclaims Nodine had an addiction during the time he possessed twofirearms. Federal prosecutors claim Nodine is a risk.
"There was never any witness which is what is required. Awitness has to come forward and say he is a danger to me, he is athreat to somebody and he's not. There is no evidence of that,"Gordon Armstrong, who is representing Nodine on the federal charge,said.
Armstrong said the prescriptions were valid.
"When somebody has the right to have prescription medication andthen the government wants to come and take the guns out of yourhouse, that's an infringement of your second amendment right andyour right to have lawful prescriptions," Armstrong added.
Armstrong said Nodine has a place to stay and a job offer at aconstruction company. He believes his client is not a flight riskor danger to the community.
The judge said if Nodine is released, he must avoid arrest, andmust live with John Lynam. Nodine cannot possess a firearm and hecan only travel within Mobile and Baldwin Counties and must submitto electronic monitoring.
The government has 24 hours to appeal the motion, and Armstrongexpects prosecutors to try to keep Nodine locked up.
"The government lawyers don't like the fact that he's going tobe released and so they're going to appeal the magistrate judge'sruling up to the district judge who is the judge that willultimately try the case," Armstrong explained.
If the appeal is denied, Nodine could be released from federalcustody by noon Tuesday.
Monday's action is separate from the state charges facingNodine.
He remains in the Baldwin County Jail under $250,000 bond.
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