Post by Anja Nieser on Sept 6, 2006 13:12:34 GMT -5
Jurors begin deciding if Rodriguez eligible for death penalty
DAVE KOLPACK
Associated Press
FARGO, N.D. - Jurors in the trial of Alfonso Rodriguez Jr. began deliberating shortly before noon Wednesday on whether he is eligible for the death penalty for the killing of college student Dru Sjodin, in North Dakota's first death penalty case in more than a century.
The same jury of seven women and five men convicted Rodriguez, 53, of Crookston, Minn., last week on a federal charge of kidnapping resulting in the death of Sjodin, 22, a University of North Dakota student from Pequot Lakes, Minn.
If the jurors decide Rodriguez qualifies for the death penalty, they will meet for another phase of the trial to decide whether he should be sentenced to death.
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.
U.S. Attorney Drew Wrigley told the jury Wednesday that Rodriguez showed an escalating pattern of violence and "shockingly evil" acts.
Rodriguez "terrorized Dru Sjodin in her last hours," and his actions showed that "obviously, he had something in mind that day," Wrigley said.
Rodriguez's attorney, Richard Ney, said Sjodin's death was horrible but did not meet the legal requirements of eligibility for the death penalty.
"The government argues she was driven around for hours and hours. There's no evidence of that," Ney said.
"It's not cold-blooded. It's not deliberate. It's not intentional," he said.
Prosecutors called three witnesses Tuesday in the eligibility phase - two women assaulted by Rodriguez in 1974 and the doctor who examined Sjodin's body. Rodriguez's attorneys called no witnesses.
If the jury ultimately decides against the death penalty, Rodriguez will receive life in prison without parole. Ney called that the second most serious penalty the law allows.
"Alfonso Rodriguez Jr. will die in prison. You've already decided that," Ney told jurors on Tuesday.
"The question is, 'Will he be put to death at the hand of man?'" Ney asked.
Ney said the government cannot legally prove aggravating factors required for a death sentence, including that Rodriguez planned to kill Sjodin or that two women assaulted by Rodriguez in 1974 suffered serious bodily injury.
Under the legal definition, "rape itself does not involve serious bodily injury," Ney said.
One of the women in the 1974 case testified Tuesday that she could not hold a steady job for years. The other woman said she had trouble with relationships and was divorced twice. Both women said they have battled depression, sleeplessness and anxiety. Rodriguez was convicted on separate charges of rape and attempted rape in the incidents.
Dr. Michael McGee, the St. Paul, Minn., medical examiner who performed the autopsy, used a drawing Tuesday to point out bruises to Sjodin's face and knife wounds to her neck and side, and described a close-up photo of her hands tied behind her back. McGee testified that the rope caused one of her wrists to bleed.
Ney said Sjodin may have suffocated when a plastic bag was put over her face and that her death was not premeditated
"This was a very disorganized activity," he said.
Wrigley asked jurors Wednesday to "pay close attention to the escalating violence and his (Rodriguez's) conduct every step of the way.
"There would be no witness this time," Wrigley said.
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© 2006 AP Wire and wire service sources. All Rights Reserved.
www.duluthsuperior.com
DAVE KOLPACK
Associated Press
FARGO, N.D. - Jurors in the trial of Alfonso Rodriguez Jr. began deliberating shortly before noon Wednesday on whether he is eligible for the death penalty for the killing of college student Dru Sjodin, in North Dakota's first death penalty case in more than a century.
The same jury of seven women and five men convicted Rodriguez, 53, of Crookston, Minn., last week on a federal charge of kidnapping resulting in the death of Sjodin, 22, a University of North Dakota student from Pequot Lakes, Minn.
If the jurors decide Rodriguez qualifies for the death penalty, they will meet for another phase of the trial to decide whether he should be sentenced to death.
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.
U.S. Attorney Drew Wrigley told the jury Wednesday that Rodriguez showed an escalating pattern of violence and "shockingly evil" acts.
Rodriguez "terrorized Dru Sjodin in her last hours," and his actions showed that "obviously, he had something in mind that day," Wrigley said.
Rodriguez's attorney, Richard Ney, said Sjodin's death was horrible but did not meet the legal requirements of eligibility for the death penalty.
"The government argues she was driven around for hours and hours. There's no evidence of that," Ney said.
"It's not cold-blooded. It's not deliberate. It's not intentional," he said.
Prosecutors called three witnesses Tuesday in the eligibility phase - two women assaulted by Rodriguez in 1974 and the doctor who examined Sjodin's body. Rodriguez's attorneys called no witnesses.
If the jury ultimately decides against the death penalty, Rodriguez will receive life in prison without parole. Ney called that the second most serious penalty the law allows.
"Alfonso Rodriguez Jr. will die in prison. You've already decided that," Ney told jurors on Tuesday.
"The question is, 'Will he be put to death at the hand of man?'" Ney asked.
Ney said the government cannot legally prove aggravating factors required for a death sentence, including that Rodriguez planned to kill Sjodin or that two women assaulted by Rodriguez in 1974 suffered serious bodily injury.
Under the legal definition, "rape itself does not involve serious bodily injury," Ney said.
One of the women in the 1974 case testified Tuesday that she could not hold a steady job for years. The other woman said she had trouble with relationships and was divorced twice. Both women said they have battled depression, sleeplessness and anxiety. Rodriguez was convicted on separate charges of rape and attempted rape in the incidents.
Dr. Michael McGee, the St. Paul, Minn., medical examiner who performed the autopsy, used a drawing Tuesday to point out bruises to Sjodin's face and knife wounds to her neck and side, and described a close-up photo of her hands tied behind her back. McGee testified that the rope caused one of her wrists to bleed.
Ney said Sjodin may have suffocated when a plastic bag was put over her face and that her death was not premeditated
"This was a very disorganized activity," he said.
Wrigley asked jurors Wednesday to "pay close attention to the escalating violence and his (Rodriguez's) conduct every step of the way.
"There would be no witness this time," Wrigley said.
--------------------------------------------------------------------------------
© 2006 AP Wire and wire service sources. All Rights Reserved.
www.duluthsuperior.com