AlaFile E-Notice

05-CC-2010-001745.00 Judge: CHARLES C. PARTIN To: PASCAL BRUIJN pascalbruijn@me.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT CRIMINAL COURT OF BALDWIN COUNTY, ALABAMA NODINE STEPHEN 05-CC-2010-001745.00 The following matter was FILED on 8/5/2011 9:30:13 AM D001 NODINE STEPHEN MOTION FOR DISCOVERY [Filer: BRUIJN PASCAL] Notice Date: 8/5/2011 9:30:13 AM

JODY WISE CAMPBELL CIRCUIT COURT CLERK BALDWIN COUNTY, ALABAMA 312 COURTHOUSE SQUARE BAY MINETTE, AL 36507 251-937-0299 jody.campbell@alacourt.gov

ELECTRONICALLY FILED 8/5/2011 9:30 AM CC-2010-001745.00 CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA JODY WISE CAMPBELL, CLERK

IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA STATE OF ALABAMA, v. STEPHEN NODINE. ) ) ) ) )

CC 2010-1745 (CCP)

MOTION TO EXPAND OPEN FILE DISCOVERY ORDER WITH REFERENCE TO DISCOVERY HAD BY THE ACCUSED The accused citizen herein, Stephen Nodine (Mr. Nodine), by and through his undersigned counsel, requests that this Court enter an order allowing him, by and through undersigned counsel, to examine any and all items other than personal notes, theories and memorandums of law possessed by the Office of the District Attorney of Baldwin County, or any of its agents or subdivisions, and further to declare that said district attorneys office as well as any of its agents or subdivisions shall have a continuing duty to disclose any and all such material within their file in CC 2011-1085, State of Alabama versus Donna Taylor on the following grounds: 1. On April 13, 2011, this Court granted Mr. Nodines Monk motion with regard to open file discovery in the present case. 2. On June 17, 2011, Donna Taylor (Ms. Taylor) pled guilty to Unlawful Possession of a Controlled Substance in CC 2011-1085. Ms. Taylor, a former administrative secretary for the Baldwin County Coroners Office, was arrested while leaving work and charged with stealing drugs/ prescriptions marked as evidence from death investigations. The drugs/prescriptions found in Ms. Taylors possession on the day of her arrest had been sent to the Coroners Office as part of an undercover investigation, according to the Baldwin County Sheriffs Office. Drug Task Force officers who arrested Ms. Taylor found the prescription pills and a small amount of crystal meth-

amphetamine in her purse, authorities said. The investigation reportedly came at the request of Coroner Stan Vinson. Ms. Taylor was fired the day after her arrest. 3. The gunshot victim in the present case, Ms. Angel Downs, was prescribed numerous medications. At trial, Ms. Downs prescription drug and alcohol use was characterized as a "misuse of the drugs." The testimony continued that Ms. Downs prescription drug and alcohol use was a "reflection of a person who is not caring for their health or even a person who is self destructive." Ms. Taylors employer, Baldwin County Coroner Stan Vinson, was the coroner in the present case and, according to trial testimony, was the one who recovered Ms. Downs body from the scene along with her belongings. Mr. Nodine is entitled to know whether Coroner Stan Vinson, and particularly his staff, had, at any time, possession of Ms. Downs prescription medications and what the investigation into Ms. Taylors actions revealed in terms of the possible theft or other misuse of Ms. Downs prescription medications, prior to trial. 4. In light of the testimony and argument in the trial of this matter about the materiality and relevancy of Ms. Downs prescription drug use at the time of her death, Mr. Nodine believes he is entitled to any and all information related to the investigation of Ms. Taylor in CC 2011-1085. 5. Mr. Nodine further requests that any additional material or information received by the State or any of its agents or subdivisions after entry of this order will be made known to his counsel immediately even if such information becomes known to the prosecution during trial.

Respectfully submitted, /S/ PASCAL BRUIJN ___________________________ Pascal Bruijn (BRU 022) Attorney for the accused P.O. Box 811 Fairhope, AL 36533-0811 (ph) 251-752-7527 (fax) 251-929-1000 pascalbruijn@me.com

CERTIFICATE OF SERVICE I hereby certify that on the 5th day of August 2011, a copy of the foregoing motion was sent via electronic mail (Alafile) to the Hon. Hallie Dixon, Baldwin County District Attorney.

/S/ PASCAL BRUIJN ______________________________