Post by Anja Nieser on Sept 5, 2006 9:34:21 GMT -5
federal death penalty case
Jury set to decide eligibility for death penalty
In Fargo, a judge is allowing 2 additional autopsy photographs to be
shown to the jury in the next phase of the trial of Alfonso Rodriguez Jr.,
who was convicted in the slaying of a University of North Dakota student.
Rodriguez was found guilty last week of kidnapping resulting in the death
of Dru Sjodin, 22, of Pequot Lakes, Minn. Prosecutors are seeking the
death penalty for Rodriguez, 53, of Crookston, Minn.
The sentencing phase of the trial is scheduled to resume this week, when
the government will argue that Rodriguez qualifies for death penalty
deliberations. If the jury decides that Rodriguez isn't eligible for
capital punishment, he would be sentenced to life in prison without
parole.
U.S. District Judge Ralph Erickson ruled that the government may show two
autopsy photos that weren't entered in the guilt phase of the trial. He
said he won't allow pictures that show knife wounds.
Erickson said there's a "danger of creating unfair prejudice" by showing
some of the photos.
Sjodin was abducted from the parking lot of a Grand Forks shopping mall on
Nov. 22, 2003. Her body was found the following April in a ravine near
Crookston. Prosecutors said she was beaten, raped and stabbed.
A jury of 7 women and 5 men deliberated less than 4 hours before finding
Rodriguez guilty of the federal charge. It's the 1st death penalty case
in North Dakota in more than 100 years.
Erickson also ruled from a hearing held last week that he would allow two
of Rodriguez's prior victims to testify in the next phase, but they can't
say whether they were diagnosed with post-traumatic stress disorder.
There's no medical records to back those claims, the judge said.
In the final ruling, Erickson decided to retain 4 alternate jurors
through the end of the trial. Defense attorney Richard Ney wanted the
alternates dismissed because they did not deliberate during the guilt
phase.
(source: Associated Press)
Jury set to decide eligibility for death penalty
In Fargo, a judge is allowing 2 additional autopsy photographs to be
shown to the jury in the next phase of the trial of Alfonso Rodriguez Jr.,
who was convicted in the slaying of a University of North Dakota student.
Rodriguez was found guilty last week of kidnapping resulting in the death
of Dru Sjodin, 22, of Pequot Lakes, Minn. Prosecutors are seeking the
death penalty for Rodriguez, 53, of Crookston, Minn.
The sentencing phase of the trial is scheduled to resume this week, when
the government will argue that Rodriguez qualifies for death penalty
deliberations. If the jury decides that Rodriguez isn't eligible for
capital punishment, he would be sentenced to life in prison without
parole.
U.S. District Judge Ralph Erickson ruled that the government may show two
autopsy photos that weren't entered in the guilt phase of the trial. He
said he won't allow pictures that show knife wounds.
Erickson said there's a "danger of creating unfair prejudice" by showing
some of the photos.
Sjodin was abducted from the parking lot of a Grand Forks shopping mall on
Nov. 22, 2003. Her body was found the following April in a ravine near
Crookston. Prosecutors said she was beaten, raped and stabbed.
A jury of 7 women and 5 men deliberated less than 4 hours before finding
Rodriguez guilty of the federal charge. It's the 1st death penalty case
in North Dakota in more than 100 years.
Erickson also ruled from a hearing held last week that he would allow two
of Rodriguez's prior victims to testify in the next phase, but they can't
say whether they were diagnosed with post-traumatic stress disorder.
There's no medical records to back those claims, the judge said.
In the final ruling, Erickson decided to retain 4 alternate jurors
through the end of the trial. Defense attorney Richard Ney wanted the
alternates dismissed because they did not deliberate during the guilt
phase.
(source: Associated Press)