BAY MINETTE, Ala. — Baldwin County Circuit Judge Charles Partin on Thursday denied a motion to exclude forensic pathology testimony in the murder trial of former Mobile County Commissioner Stephen Nodine, paving the way for trial to begin Monday at the Baldwin County Courthouse in Bay Minette.

Nodine is charged with intentional felony murder in the shooting death of Angel Downs on Mother’s Day at her Gulf Shores residence.

In the ruling, Partin said prosecutors received testimony of Dr. James Downs, a forensic pathologist, on Wednesday and shared that information with the state Thursday.

“Dr. Down’s potential testimony was disclosed and ongoing,” Partin said. “He didn’t conduct independent tests.”

During the hearing, District Attorney Judy Newcomb agreed to remove forensic serologist Paullette Sutton from the witness list. She was hired by Newcomb Nov. 18 to examine blood spatter patterns.

Defense attorney Dennis Knizley earlier filed motions to deny testimony of the pathologist, arguing that the state has not shared evidence.

Knizley argued that delays in receiving scientific evidence made it impossible to have evidence reviewed independently prior to the trial.

“The state has flagrantly violated the rules of discovery,” Knizley told Partin.

Newcomb countered that she has been in constant touch with the defense, shared findings and talked to Knizley numerous times.

“We have gone over and above the rules of discovery and made all documents, emails and everything available,” Newcomb said. “I am appalled that he is filing motions and grandstanding while I am in a major trial.”

Newcomb is the lead prosecutor in the capital murder trial of Troy MacDonald.

Following the hearing, Knizley said the ruling was a win for the defense.

“We didn’t know what the serologist would say,” he said. “Who knows, it might have been favorable to us. But the physical evidence is overwhelming that it was suicide.”

The pathologist is not related to the victim.

Newcomb said the pathologist stated preliminary findings indicated Downs did not take her own life.

“The report indicates the scene was staged,” Newcomb said.