Post by Anja Nieser on Sept 11, 2006 12:16:32 GMT -5
Judge restricts family testimony in Sjodin sentencing trial
By Stephen J. Lee
Grand Forks Herald (Grand Forks, N.D.)
(MCT)
FARGO, N.D. - Alfonso Rodriguez Jr.'s mother can't say she loves him in court even to try to save his life, the judge in his death penalty trial ruled Friday.
U.S. District Judge Ralph Erickson's ruling means Rodriguez's mother, sisters or other family members won't be allowed to make emotional pleas to the jury to spare him the death penalty. Erickson explained in his written order that Rodriguez's family will be restricted in their testimony the same way he's restricted victim impact testimony from Dru Sjodin's family.
On Thursday, the jury found Rodriguez eligible for the death penalty, eight days after it convicted him of kidnapping resulting in the death of Sjodin, a 22-year-old student at UND.
On Monday, jurors will begin hearing opening arguments and testimony about whether they should sentence the 53-year-old Crookston man to death or to life in federal prison without parole. The jury, not the judge, sentences those it convicts in federal death penalty trials.
Attorneys for the prosecution and defense have argued for months about what sort of testimony and witnesses would be allowed in this third phase of his trial, sentence selection, if it came to pass.
Thursday, as the sentencing stage became a reality, there was real and thick emotion in the courtroom. Rodriguez's mother and two of his sisters cried openly while the long eligibility verdict was read. At least three of the seven women on the jury wiped tears from their eyes, too.
The sentencing phase is expected to take a week or more, and involve perhaps the most contentious courtroom debates between the prosecution and defense and cross-examination of expert witnesses.
The defense is expected to call members of Rodriguez's family to testify, as well as psychiatric and psychological experts who have examined Rodriguez.
During the jury selection interviews, defense attorney Richard Ney suggested that such testimony might include witnesses whose first language is Spanish, and evidence of childhood sexual abuse of Rodriguez by an older woman, the effect of farm chemicals on the son of former migrant laborers, and other "psychological" issues.
Sjodin's parents, Allan Sjodin of Minneapolis and Linda Walker of Pequot Lakes, Minn., and others are expected to give victim impact testimony. The prosecution also is expected to have its own bevy of medical experts to offer rebuttal testimony to the defense's expert witnesses.
Law enforcement officials, prison employees and former fellow inmates of Rodriguez may testify, according to court documents and statements in court.
The prosecution will try to prove aggravating factors and the defense will offer mitigating factors about Rodriguez and the crime.
The jury alone will decide on one of only two possible sentences, life in prison without parole or death.
Judge Erickson said in his ruling Friday that courts are split on whether a defendant's family members saying they have affection for him "constitutes evidence for a mitigating factor."
Some courts have ruled such testimony "provides information about the defendant's character because he must possess some redeeming qualities to have earned that affection," Erickson said. Other courts say such testimony reveals nothing about a defendant's character "because it is not a certainty that a mother, or any relative, only expresses love for her son or a relation who has earned it."
Erickson ruled that he will take the same approach to testimony from Rodriguez's family as he has to testimony from family and friends of Sjodin.
"An expression of love or affection for (Rodriguez) provides no relevant information for the jury to consider," the judge wrote. "The court will limit the testimony of (Rodriguez's) family members to categories such as activities they engaged in with him or statements regarding the general nature of his character."
"As far as testifying about the kind of loss (Rodriguez's) death would have on them, the court will allow brief testimony that goes to the nature of the relationship they expect that they could still have with him while he is in prison. Just as with victim impact testimony, the court will not allow purely emotional pleas to the jury."
As he earlier ruled about victim impact testimony from the prosecution side, Erickson said Friday he would not allow Rodriguez's family members to "express any opinions about what sentence (he) should receive because this interferes with the jury's duty to choose the appropriate sentence."
Before the jury arrives at 1 p.m. Monday, Erickson and the prosecution and defense teams will meet, perhaps for two hours or more, in open court to "hash out" several issues on how to proceed with the sentencing selection.
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© 2006, Grand Forks Herald (Grand Forks, N.D.).
By Stephen J. Lee
Grand Forks Herald (Grand Forks, N.D.)
(MCT)
FARGO, N.D. - Alfonso Rodriguez Jr.'s mother can't say she loves him in court even to try to save his life, the judge in his death penalty trial ruled Friday.
U.S. District Judge Ralph Erickson's ruling means Rodriguez's mother, sisters or other family members won't be allowed to make emotional pleas to the jury to spare him the death penalty. Erickson explained in his written order that Rodriguez's family will be restricted in their testimony the same way he's restricted victim impact testimony from Dru Sjodin's family.
On Thursday, the jury found Rodriguez eligible for the death penalty, eight days after it convicted him of kidnapping resulting in the death of Sjodin, a 22-year-old student at UND.
On Monday, jurors will begin hearing opening arguments and testimony about whether they should sentence the 53-year-old Crookston man to death or to life in federal prison without parole. The jury, not the judge, sentences those it convicts in federal death penalty trials.
Attorneys for the prosecution and defense have argued for months about what sort of testimony and witnesses would be allowed in this third phase of his trial, sentence selection, if it came to pass.
Thursday, as the sentencing stage became a reality, there was real and thick emotion in the courtroom. Rodriguez's mother and two of his sisters cried openly while the long eligibility verdict was read. At least three of the seven women on the jury wiped tears from their eyes, too.
The sentencing phase is expected to take a week or more, and involve perhaps the most contentious courtroom debates between the prosecution and defense and cross-examination of expert witnesses.
The defense is expected to call members of Rodriguez's family to testify, as well as psychiatric and psychological experts who have examined Rodriguez.
During the jury selection interviews, defense attorney Richard Ney suggested that such testimony might include witnesses whose first language is Spanish, and evidence of childhood sexual abuse of Rodriguez by an older woman, the effect of farm chemicals on the son of former migrant laborers, and other "psychological" issues.
Sjodin's parents, Allan Sjodin of Minneapolis and Linda Walker of Pequot Lakes, Minn., and others are expected to give victim impact testimony. The prosecution also is expected to have its own bevy of medical experts to offer rebuttal testimony to the defense's expert witnesses.
Law enforcement officials, prison employees and former fellow inmates of Rodriguez may testify, according to court documents and statements in court.
The prosecution will try to prove aggravating factors and the defense will offer mitigating factors about Rodriguez and the crime.
The jury alone will decide on one of only two possible sentences, life in prison without parole or death.
Judge Erickson said in his ruling Friday that courts are split on whether a defendant's family members saying they have affection for him "constitutes evidence for a mitigating factor."
Some courts have ruled such testimony "provides information about the defendant's character because he must possess some redeeming qualities to have earned that affection," Erickson said. Other courts say such testimony reveals nothing about a defendant's character "because it is not a certainty that a mother, or any relative, only expresses love for her son or a relation who has earned it."
Erickson ruled that he will take the same approach to testimony from Rodriguez's family as he has to testimony from family and friends of Sjodin.
"An expression of love or affection for (Rodriguez) provides no relevant information for the jury to consider," the judge wrote. "The court will limit the testimony of (Rodriguez's) family members to categories such as activities they engaged in with him or statements regarding the general nature of his character."
"As far as testifying about the kind of loss (Rodriguez's) death would have on them, the court will allow brief testimony that goes to the nature of the relationship they expect that they could still have with him while he is in prison. Just as with victim impact testimony, the court will not allow purely emotional pleas to the jury."
As he earlier ruled about victim impact testimony from the prosecution side, Erickson said Friday he would not allow Rodriguez's family members to "express any opinions about what sentence (he) should receive because this interferes with the jury's duty to choose the appropriate sentence."
Before the jury arrives at 1 p.m. Monday, Erickson and the prosecution and defense teams will meet, perhaps for two hours or more, in open court to "hash out" several issues on how to proceed with the sentencing selection.
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© 2006, Grand Forks Herald (Grand Forks, N.D.).