MOBILE, Ala. (WALA) - Will the Steve Nodine murder retrial be dismissed, or will it continue as scheduled? That's what Judge Charles Partin must decide. Both sides have responded to the motion to dismiss.
The defense tries to blame former Baldwin County District Attorney Judy Newcomb who led the prosecution during Nodine's first trial.
The defense claims three things:
- Newcomb had conscious disregard of what was on Angel Downs' blackberry.
- Newcomb failed to disclose photographic evidence of wounds on Downs' hand and when they occurred.
- Newcomb's office pressured the state medical examiner to list Downs' death as a "homicide". In Dr. Eugene Hart's report, he lists Downs' death as "undetermined".
In the hearing in May, several witnesses testified and the state is using that testimony to dispute these allegations. Hart testified no one forced him to change his professional opinion and no one had threatened him. Nodine's defense attorney from the first trial testified he did in fact get the pictures of Downs' hand ... and as for the blackberry, the state said several attempts were made to unlock it.
The state wants the defense claim thrown out. Judge Charles Partin ruled last month that the trial, if held, would be moved to Houston County. That trial is set to begin September 10.
As college football prepares for the final Bowl Championship Series, featuring a Florida State-Auburn championship game, it's easy to see why the coming four-team playoff won't solve all the postseason problems.
On a routine trip to the Piggly Wiggly store in Foley Mitchell Harrison and Betty Ann Williams found something they weren't expecting to need.
In a rare meeting between two of the nation's most storied programs, No. 3 Alabama and No. 11 Oklahoma will face off Jan. 2 in the Sugar Bowl at New Orleans.
Robertsdale police say a man was the victim of a hit and run Saturday, around 30 minutes before the start of the city's annual Christmas parade.
Fox10 learns more about a man arrested on multiple counts of sodomy and enticing a child.
Residents in Creola and Saraland have a lot on the line this week as voters prepare to head to the polls Tuesday, December 10.