BAY MINETTE, Ala. — A forensic expert hired by Stephen Nodine’s defense will not be allowed to view examinations of evidence by state-hired scientists, according to a ruling this morning by Baldwin County Circuit Judge Charles Partin.

However, District Attorney Hallie Dixon said she had no problems with Jan Johnson, a Pensacola, Fla.-based forensic scientist specializing in reconstruction and examination of crime scenes, to perform blood-spatter and other testing on the clothing of the former Mobile County Commissioner who was charged with the murder of Angel Downs last year.

Dixon said there were no reports of chemical reactants being put on Nodine’s clothing to reveal the presence of blood. Tests were limited to a visual exam.

“The chemical reactant will alter or destroy evidence,” Dixon said. “Dr. Johnson can do that testing if she wants . She is highly qualified.

“They have the right to do it, and we want it done right. But we don’t want them to sit back and pick an examination apart that was performed by our forensic scientists.”

Downs’ clothed body was placed in a body bag after she was fatally shot in the head. The clothing was contaminated in the bag and cannot be used as evidence.

Defense attorney Pascal Bruijn said Tuesday he filed the motion due to mishandling of evidence in Nodine’s December trial, and that Johnson’s presence to observe, take photographs and notations was necessary.

A jury was deadlocked on murder and stalking charges, but convicted Nodine of an ethics violation concerning personal use of a Mobile County vehicle.

“It is now impossible to defend my client due to altered or destroyed evidence,”Bruin told Partin. “Dr. Johnson needs to be there to observe.”

During brief statements on the witness stand, Johnson said she has not reviewed any evidence, but said the firearm used in the shooting was “altered.” She did not elaborate.

Bruijn earlier said the gun, found by Downs’ side in the driveway of her Gulf Shores condominium was “touched and moved.”

Bruijn said Downs’ Blackberry cell device information is no longer available. He said any communication minutes or moments before Downs’ death could be crucial evidence.

“The information is not on the Blackberry, but with the service provider,” Bruijn said. “No one kept the account current, there was no examination and now it’s gone.”

Bruijn also said authorities “lost” surveillance camera footage of the crime scene which may have exculpatory evidence.

“I have heard the hard drive exists in Gulf Shores, but I haven’t been able to access it,” Bruijn said. “The angle of the camera points straight to Downs’ house. Did they change the angle? I was told it only showed the pool area.”

Dixon said there were four cameras in the area, but the only one working that evening was pointed at a pool.

“We have looked at everything ourselves,” Dixon said. “The one operating camera did not capture the relevant area.”

She said the gun was properly moved by Gulf Shores police to secure the area.

“It was dark and people were mingling around,” she said. “The officer did not know if an assailant was present. He had to secure it, and it’s all recorded on video.”

She described the Blackberry as a computer which stores messages only on the phone, never the server.

“Even if it is erased, the data may still be there for forensic retrieval.”

She said the cell phone is being examined by the Federal Bureau of Investigation using proprietary software so advanced it is considered protected by national security.

“This software is far above what other technicians may have,” she said. “I doubt that they will perform testing of front of someone hired by the defense.”

Dixon said she is still evaluating evidence and has not decided if she will retry the case.