FOLEY, Alabama — Former Baldwin County district attorney David Whetstone has been asked by the Alabama Attorney General’s Office to serve as lead prosecutor in the Steve Nodine case.

That announcement was made Wednesday afternoon at Foley Satellite Courthouse by Whetstone, who appeared with Baldwin County Sheriff Huey “Hoss” Mack and Special Investigator J.W. Barnes of the attorney general’s Office.

Whetstone, noting he would serve in the capacity of “supernumerary” prosecutor, said he was contacted by Attorney General Luther Strange on Friday of last week and Monday of this week. Strange asked him to assist in the Nodine case as lead prosecutor, Whetstone said, and he agreed to do so.

Nodine, currently in a Florida prison on a federal gun charge, 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. Nodine served as a Mobile County commissioner at the time of his arrest.

“I’m pretty much familiar with the case,” Whetstone said during the press conference, noting that he was prepared to try the Nodine case for both former district attorney Judy Newcomb and her successor in office, Hallie Dixon.

Dixon was “in the middle of a capital murder case,” Whetstone said in noting her absence at the press conference.

“I have to admit this is an unusual case with two sets of indictments,” Whetstone said. “I plan to pursue all charges at this moment.”

Whetstone’s reference was to the fact Nodine was indicted on a murder and stalking charge initially. A jury, however, deadlocked on those charges in December 2010. Dixon, who came to office after defeating Newcomb, the incumbent, took evidence from the case and presented it to a special grand jury this past August. Charges of criminally negligent homicide and perjury were handed down against Nodine as a result.

The special grand jury no-billed charges of felony murder, stalking, reckless manslaughter and heat of passion manslaughter.

Regarding charges in the two sets of indictments, Whetstone said Circuit Court Judge Charles Partin will make determinations regarding the charges and other issues in the case, such as whether the perjury charge will be handled separately. He called Partin a “pretty direct judge” when it comes to sorting out legal issues in a case in his courtroom.

“What we’re going to do is present what we have in court,” Whetstone said. “My job is not to pursue a case (just) to pursue a case — it’s to do what’s right and just.”

In that regard, Whetstone said if facts or evidence are presented to him in the course of getting ready for trial, he will take those into consideration. He noted at one point that he had discussed his theory of the case — “the truth of the matter” — with both Newcomb and Dixon.

One thing is certain according to Whetstone: Both grand juries have said, “Mr. Nodine should be charged with some degree of homicide.”

Nodine’s defense team, on hand for the press conference, cited the same point, only in a different way.

John Beck, in comments following the press conference, said a grand jury of Baldwin County citizens looked at the case for four days earlier this year and said it was criminally negligent homicide “at worst.” (Criminally negligent homicide is a misdemeanor.)

Beck said the defense had expected Dixon to dismiss the murder charge against Nodine so his defense team could concentrate on the criminally negligent homicide charge but that didn’t happen.

“We’re absolutely shocked by it,” Beck said of the turn of events involving the Attorney General’s Office getting involved and going forward with the two sets of indictments.

Beck called it a “continuation of what’s become a laughable three-ring circus.”

Pascal Bruijn, co-counsel of the Nodine defense team, said he didn’t think Dixon, the DA, saw the attorney general’s action coming. He feels Dixon’s intent was to eventually put in a motion to dismiss the murder charge based on information that he alleges is detrimental to the state’s case; information of which he doubts Whetstone is aware.

“The case was taken from Ms. Dixon because of political pressures and it, again, shows how Mr. Nodine continues to be singled out and selectively prosecuted because of his former high profile political status. He’s being hunted like a trophy animal because every prosecutor who wants to make a name for themselves wants to mount him on the wall. The facts are what they are. It wasn’t murder, it will never be murder and if they think they can wear Mr. Nodine down and get him to cop to a plea, they’ve got another thing coming.” Bruijn stated late Wednesday evening.

While he said the defense’s case has gotten better over time, Bruijn said Nodine is nevertheless “disappointed” in this latest turn of events.

Bruijn called this latest development in the Nodine case the result of what he termed “raw politics – a power play in Baldwin County between the prior DA forces and current DA forces.”

Whetstone himself made reference to the conflict which has existed between Newcomb, whose office prosecuted the 2010 case against Nodine, and Dixon, the current DA.

“I haven’t been living in a matchbox,” Whetstone said of his awareness of the conflict. “We hope to get this case back on track.”

While Whetstone said there were “no difficulties” between Dixon’s office and Luther Strange’s over the latter taking over the case, Bruijn said Dixon was more than capable of trying the case and bringing it to resolution. That’s what Baldwin County citizens elected her to do, he said.

Dixon released a statement on Wednesday regarding Whetstone’s appointment as a special prosecutor. In it she noted that, from the beginning, Angel Downs’ family had been told the district attorney’s office would transfer the Nodine case to the attorney general’s if they so desired. She noted the family declined the option prior to convening the grand jury earlier this year.

Dixon said her office will “cooperate fully” with Strange’s office.

Whetstone said it is his intention to try the case in Baldwin County; that he believes 12 impartial residents can be found to constitute a jury. He also said he will treat the case as if it’s a capital murder case, meaning “all the discovery out front — going overboard to give it to the defense.”

Whetstone is of the opinion that Nodine’s re-trial can be finished before Nodine is through serving his federal sentence on the gun charge. “There are ways to do that,” he said.

GCN County Government Reporter Graham Heath contributed to this story.