BAY MINETTE, Ala. — Baldwin County Circuit Judge Charles Partin will decide April 13 if a cell phone belonging to Angel Downs will be examined by FBI forensic experts in an effort to retrieve voice mail which may provide information about her death.

Former Mobile County Commissioner Stephen Nodine, who is charged with Downs’ death, wants information contained on the Blackberry to be entered as evidence.

Defense attorney Pascal Bruijn stated in a motion that voice mail messages may corroborate statements he made to police concerning his return to Downs’ apartment to retrieve his wallet, minutes before Downs was found shot dead in her Gulf Shores condominium driveway.

The cell phone previously was submitted into evidence as an exhibit in Nodine’s December murder trial, but the memory could not be accessed.

A jury could not reach a verdict on murder and stalking charges, but found Nodine guilty of an ethics violation involving use of a Mobile County vehicle.

The state filed a motion March 25 asking Partin to allow the FBI to attempt data retrieval. The motion states the attempt may result in erasure of memory contents.

In a response to the state’s motion, Bruijn asked for a hearing to determine what efforts have been made to recover data, who made the attempt and what damage was sustained. He also wants to determine if the service provider has archived cell data and what efforts were made by authorities to recover data through the service provider or alternate sources.

In separate motions, Bruijn asked for all evidence gathered by the District Attorney’s Office concerning Nodine. He stated that Judy Newcomb, who was the District Attorney in the December trial, delayed and withhold exculpatory information.

Prior to the trial, Newcomb responded to similar accusation by the defense by stating all information was made available as soon as possible.

Bruijn also asked for a transcript of court proceedings to assist in trial preparation.

He said Nodine is indigent and unable to pay for the documents, and that monies expended in the preparation of the transcript be billed to the Alabama Indigent Defense Fund.