BAY MINETTE, Ala. — Baldwin County District Attorney Hallie Dixon said Tuesday she is considering a change of venue west or north of Montgomery to avoid saturation media coverage if she decides to retry former Mobile County Commissioner Stephen …
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BAY MINETTE, Ala. — Baldwin County District Attorney Hallie Dixon said Tuesday she is considering a change of venue west or north of Montgomery to avoid saturation media coverage if she decides to retry former Mobile County Commissioner Stephen Nodine.
She said she first must review the case, address venue issues which may present legal problems and determine if she has financial resources to cover the change of location.
“We have to look at the cost of lodging and meals for the staff, families and witnesses,” she said.
“If there is a change of venue, it may cause a delay, and if there is another prosecutor better for the case and family, that’s OK. But I am the best to prosecute the case.”
Circuit Judge Charles Partin set a February retrial date, but Dixon said she does not anticipate being ready for trial and will ask for a continuance.
Defense attorney Dennis Knizley has said he is ready for a February trial, and requested a change of venue, citing extended media coverage which could taint a jury pool.
Nodine’s December murder trial resulted in a hung jury on charges that he killed Angel Downs with her own pistol May 9, then sped away from her Gulf Shores condominium.
Jurors found Nodine guilty of an ethics violation based on his personal use of a Mobile County vehicle, but failed to reach a verdict on stalking and murder charges.
Dixon said she has talked with Downs’ family about retrying the case. She said she will make a decision within 30 days after she, three investigators and three prosecutors re-examine a mound of evidence.
Dixon said Tuesday that independent verification of evidence disallowed as hearsay by Partin in the December trial, and “cracking” a password-protected cell phone Downs used repeatedly on the day of her death were key issues.
She also said talking with the family provided additional leads being researched now by investigators.
Dixon said she made no retrial promises when she talked to Downs’ family last week.
“I must seek justice and I am not putting the family off,” Dixon said. “I think they are confident with my motivations, and I did not get into negativity.
“In the end, they might disagree with what I tell them, but I think they will know my motivations are pure.”