Pot brownies, opiates and the Saints - Former Mobile Co. Commissioner has tons of troubles...
By John Sharp | jsharp@al.com
Mobile, AL
For attending a New Orleans Saints game and flunking a drug test, embattled former Mobile County Commissioner Stephen Nodine could find himself spending the first few months of 2016 in jail.
Nodine, 52, will go before a Baldwin County Judge at 9 a.m. Jan. 13 for a hearing into two allegations of violating the terms of his probation. A Nov. 6 drug test showed he had opiates and marijuana in his system. Earlier this month, he spent too many days in New Orleans beyond the allowable time restriction imposed by his probation officer while attending a Saints football game at the Mercedes-Benz Superdome.
Stay in jail
During a brief hearing Monday, Judge Joseph Norton issued a $1,000 cash bond against Nodine who remains incarcerated at the Baldwin County Corrections Center since his initial arrest on Friday.
His attorney, Pascal Bruijn, recommended Nodine stay in jail over the holidays.
"My advice is usually stay in because you're going to be in jail anyway," Bruijn said. "I'll advise him to stay in that jail until the hearing and see what comes."
Nodine, later Monday, posted bond and was released from jail.
In a Facebook post, Nodine thanked "everyone" for "prayers and support" and said there is no one to blame for the latest violations but himself.
"It has been such a long road," he said. "I love everyone and those who even hate on me."
Nodine said his vehicle, parked at the state probation office, had been broken into while he was jailed. He said on Facebook that a wallet, two laptop computers and an iPhone had been stolen.
"I have nothing but faith this Christmas and that's all I need," he said. "It's time to ask for help and i need it."
Bruijn said it's likely Nodine will be sentenced to a minimum of 30 days in jail, but likely will be facing at least a 90-day sentence for the probation violations. The maximum sentence Nodine faces is a half-year in jail.
"I anticipate a sentence between 30 days and 90 days and they typically run concurrent," Bruijn said. "If he gets 30 days, he's lucky. If he gets 90 days, that's what usually happens."
Pot brownies, opiates and football
Nodine, who appeared in Norton's Fairhope courtroom via video teleconference from the Bay Minette jail, requested the judge explain the details of the drug test violation. According to court records, Nodine admitted to his probation officer of taking prescribed medication that belonged to a friend to recover from the flu. He said the marijuana test was the result of eating marijuana-laced brownies.
One month later, Nodine, who reportedly lives in Chickasaw, was given permission to leave Mobile County to travel to New Orleans for a Dec. 3 job interview. He was supposed to return that same day.
But on Sunday, Dec. 6, his probation officer "observed him standing outside the Superdome." Court records indicate that Nodine said he "obtained permission to attend the game."
The Saints lost to the Carolina Panthers, 41-38.
"He has friends and family (in New Orleans)," Bruijn said. "He asks for permission every time he goes, but apparently did not this time."
Legal troubles
Nodine has been serving a 36-month probation sentence since his release from the Bay Minette jail in October 2014 after serving two years on charges of perjury, harassment and an ethics violation.
The charges came about after Nodine was investigated in connection with the death of his mistress, Angel Downs, 45, of Gulf Shores. Downs died May 9, 2010, in the driveway of her Gulf Shores home from a gunshot wound to the head.
Nodine was arrested May 24, 2010, on a murder charge in Downs' death, but he was not convicted of the charge. Whether Downs was killed or committed suicide was an issue during Nodine's murder trial.
Nodine has maintained his innocence in the death of Downs and has cast blame on many in the justice system for his legal troubles.
Nodine spent part of his time in jail in a work release program, which allowed him to leave and work at Bruijn's office and then report back to the jail. But he was kicked out of the program approximately two years ago for violating its rules after appearing at a golf course, according to the Baldwin County Sheriff's Office.
Rising politician
Nodine was considered a rising politician in Mobile after he beat a two-term incumbent in 2001 to become a Mobile councilman. He was elected to the County Commission in 2004 and was reelected in 2008.
The legal troubles soon followed. A small amount of marijuana was found in his county-issued pickup truck in 2009, which led to the commissioner pleading guilty in 2011 to a misdemeanor drug charge. He was given a one-year suspended jail sentence and two years of informal probation.
Nodine resigned from his commission seat May 27, 2010, three days after he was arrested in the Downs' death.
He's recently attempted to resurrect his political career after announcing last month of his interest in running for Congress as a libertarian or as an independent. The U.S. Constitution allows felons to hold office in the House of Representatives – even while incarcerated. The only requirements to serve in Congress are that a representative must be at least 25 years old, must be a U.S. citizen for the last seven years and must be a resident of the state where they are elected.