BAY MINETTE, Alabama — Baldwin County Circuit Judge Charles Partin ruled this morning that the state must provide “persuasive authority” before pursuing prosecution of former Mobile County Commissioner Stephen Nodine on murder and criminally negligent homicide charges generated in two separate grand juries.

Partin said perjury charges may be severed from either indictment relating to the death of Angel Downs last year. He also granted bail reduction in Nodine’s Aug. 18 indictment. Bail was set at $21,000 for the second indictment of criminally negligent homicide handed down Aug. 18.

The court order was handed down this morning about an hour after a motions hearing involving former Baldwin County District Attorney David Whetstone, who was appointed last week by state Attorney General Luther Strange to take over the case. Defense attorneys are Pascal Bruijn and John Beck.

Whetstone asked for 10 business days to prepare motions and arguments for prosection of both indictments.

Following the hearing, Whetstone said he would attempt to try the case in the spring after Nodine’s release from a federal prison in Florida where he is serving a 15-month sentence involving a drug conviction and possession of a weapon.

The $250,000 bail set in the first indictment remains intact. Bail reduction in the second indictment must be posted as a corporate surety bond or pledge of property.

Nodine was indicted for murder after his mistress, Angel Downs, was found dead in the driveway of her Gulf Shores condo on May 9, 2010. She had been shot once in the head. Partin ordered a mistrial Dec. 21, 2010, when a jury failed to reach a verdict.

Beck argued that the state indicated it would dismiss the murder indictment. Whetstone said he has no intention of dropping that murder charge. Following the hearing, Beck said the first grand jury said Nodine pulled the trigger, while the second grand jury said Downs took her life and Nodine is criminally responsible.

“We don’t agree with that,” Beck said. “The state is saying there are two prosecutorial theories.”

Whetstone countered that Nodine did not have to pull the trigger for the felony murder charge.

“We are proceeding on the first indictment,” Whetstone said. “The question is whether to proceed on both. It is an unusual indictment. It doesn’t matter who pulled the trigger to produce criminal charges.”

Beck said he is filing a motion alleging state failure to “live up to their promise” to dismiss the murder charge, and is drafting a motion alleging prosecutorial misconduct by the state.