Post by Anja Nieser on Sept 19, 2006 17:51:31 GMT -5
Defense rests case in penalty phase of Rodriguez trial
Attorneys for Alfonso Rodriguez Jr. called his sister and his young niece
and nephew among their final witnesses in the penalty phase of his trial,
setting the stage for jurors to decide later this week whether he should
be sentenced to death or life in prison for the killing of Dru Sjodin.
Rodriguez, 53, a convicted sex offender from Crookston, Minn., was
convicted late last month of kidnapping resulting in Sjodin's death. His
attorneys rested their case Monday in the penalty phase, after five days
of testimony in trying to persuade jurors to spare his life.
Rodriguez, who has shown little emotion throughout the trial, appeared to
smile a couple of times during testimony about times he played games with
the children of his youngest sister, Ileanna Noyes.
"They adored him. They loved him," Noyes said of her 12-year-old daughter
and 13-year-old niece.
Before Monday's hearing, U.S. District Judge Ralph Erickson warned
Rodriguez's lawyers about allowing witnesses to testify about their
affection for the defendant. Later, the judge told defense attorney Robert
Hoy to change the subject after Noyes continued to talk about feelings for
her brother. Prosecution witnesses had been under similar restrictions.
Defense attorneys believe several factors favor a life sentence. They say
Rodriguez was sexually abused as a child and may have suffered brain
damage from farm chemicals, leading to psychological and behavioral
problems. Rodriguez's mother, Dolores, and two other sisters testified on
his behalf last week.
The verdict by the federal court jury of seven women and five men must be
unanimous for Rodriguez to be sentenced to death. North Dakota does not
have the death penalty, but it is allowed in federal cases, and is carried
out at a federal prison in Terre Haute, Ind.
Before resting their case Monday afternoon, defense attorneys displayed a
letter they sent to prosecutors on March 8. It contained Rodriguez's offer
to plead guilty and waive his right to all appeals. U.S. Attorney Drew
Wrigley objected to placing the letter into evidence, but Erickson read it
to the jury.
Wrigley said prosecutors would offer rebuttal evidence on Tuesday.
Erickson said he expects jury deliberations to begin after closing
arguments on Wednesday morning.
Noyes, of Euclid, Minn., also testified that her husband, Daniel, had
participated in searches for Sjodin after the University of North Dakota
student disappeared from the parking lot of a Grand Forks shopping mall in
November 2003. Noyes said she looked for Sjodin on her own, but never
participated in an official search after "I was told it wouldn't look
right."
Authorities said Sjodin, 22, of Pequot Lakes, Minn., was beaten, raped and
stabbed. Her body was found in April 2004 in a ravine near Rodriguez's
boyhood home.
Noyes said she and other family members tried to get Rodriguez into a
halfway house when he was released from a Moose Lake, Minn., prison in May
2003, after serving more than 20 years for assaulting women. State
officials said he was not eligible for a halfway house, and the family
could not afford that option, she said.
"That was out of the question," Noyes said.
Rodriguez's sister said she believed her brother needed supervision
because he was a repeat sex offender who had been in jail most of his
adult life.
"You can't throw a man out into society who hasn't been there for 28 years
and expect him to be successful," she said.
Earlier Monday, a Moose Lake prison psychologist said Rodriguez asked to
see her in January 2003, while he was still in prison, and told her he was
frightened about being released.
Rita St. George testified she was worried Rodriguez might commit more
crimes after his release, but said she received a "hand slap" after trying
to recommend civil commitment proceedings. A follow-up interview with him
in February eased some of those fears, she said, but she wished she had
raised more questions with her superiors about Rodriguez's release.
In January 2003, she said, Rodriguez told her he was "very frightened." A
month later, she said, he was doing better and "he had no thoughts of
hurting himself or others."
St. George argued with Rodriguez's attorney, Richard Ney, over the wording
of her statements in an earlier deposition, and at one point told Ney he
had been confrontational and degrading.
Assistant U.S. Attorney Norm Anderson asked St. George whether, in her
follow-up interview with Rodriguez on Feb. 12, 2003, Rodriguez had said he
wanted to remain in prison. She said he did not, and that he seemed
logical and coherent.
Rodriguez's niece and nephew testified that they liked spending time with
their uncle after he was released from prison, and had visited him in
jail. 3 people who work at the Cass County Jail described Rodriguez as a
model prisoner who had no disciplinary problems. Rodriguez has been held
at the jail for the last 2 years.
Sister Yvonne Nelson, a Fargo nun, said she has visited Rodriguez about
100 times in the Cass County Jail. She said he was "reticent" in
discussing religion when she first met him, but he "seemed more
comfortable as time went on."
(source: Associated Press)
Attorneys for Alfonso Rodriguez Jr. called his sister and his young niece
and nephew among their final witnesses in the penalty phase of his trial,
setting the stage for jurors to decide later this week whether he should
be sentenced to death or life in prison for the killing of Dru Sjodin.
Rodriguez, 53, a convicted sex offender from Crookston, Minn., was
convicted late last month of kidnapping resulting in Sjodin's death. His
attorneys rested their case Monday in the penalty phase, after five days
of testimony in trying to persuade jurors to spare his life.
Rodriguez, who has shown little emotion throughout the trial, appeared to
smile a couple of times during testimony about times he played games with
the children of his youngest sister, Ileanna Noyes.
"They adored him. They loved him," Noyes said of her 12-year-old daughter
and 13-year-old niece.
Before Monday's hearing, U.S. District Judge Ralph Erickson warned
Rodriguez's lawyers about allowing witnesses to testify about their
affection for the defendant. Later, the judge told defense attorney Robert
Hoy to change the subject after Noyes continued to talk about feelings for
her brother. Prosecution witnesses had been under similar restrictions.
Defense attorneys believe several factors favor a life sentence. They say
Rodriguez was sexually abused as a child and may have suffered brain
damage from farm chemicals, leading to psychological and behavioral
problems. Rodriguez's mother, Dolores, and two other sisters testified on
his behalf last week.
The verdict by the federal court jury of seven women and five men must be
unanimous for Rodriguez to be sentenced to death. North Dakota does not
have the death penalty, but it is allowed in federal cases, and is carried
out at a federal prison in Terre Haute, Ind.
Before resting their case Monday afternoon, defense attorneys displayed a
letter they sent to prosecutors on March 8. It contained Rodriguez's offer
to plead guilty and waive his right to all appeals. U.S. Attorney Drew
Wrigley objected to placing the letter into evidence, but Erickson read it
to the jury.
Wrigley said prosecutors would offer rebuttal evidence on Tuesday.
Erickson said he expects jury deliberations to begin after closing
arguments on Wednesday morning.
Noyes, of Euclid, Minn., also testified that her husband, Daniel, had
participated in searches for Sjodin after the University of North Dakota
student disappeared from the parking lot of a Grand Forks shopping mall in
November 2003. Noyes said she looked for Sjodin on her own, but never
participated in an official search after "I was told it wouldn't look
right."
Authorities said Sjodin, 22, of Pequot Lakes, Minn., was beaten, raped and
stabbed. Her body was found in April 2004 in a ravine near Rodriguez's
boyhood home.
Noyes said she and other family members tried to get Rodriguez into a
halfway house when he was released from a Moose Lake, Minn., prison in May
2003, after serving more than 20 years for assaulting women. State
officials said he was not eligible for a halfway house, and the family
could not afford that option, she said.
"That was out of the question," Noyes said.
Rodriguez's sister said she believed her brother needed supervision
because he was a repeat sex offender who had been in jail most of his
adult life.
"You can't throw a man out into society who hasn't been there for 28 years
and expect him to be successful," she said.
Earlier Monday, a Moose Lake prison psychologist said Rodriguez asked to
see her in January 2003, while he was still in prison, and told her he was
frightened about being released.
Rita St. George testified she was worried Rodriguez might commit more
crimes after his release, but said she received a "hand slap" after trying
to recommend civil commitment proceedings. A follow-up interview with him
in February eased some of those fears, she said, but she wished she had
raised more questions with her superiors about Rodriguez's release.
In January 2003, she said, Rodriguez told her he was "very frightened." A
month later, she said, he was doing better and "he had no thoughts of
hurting himself or others."
St. George argued with Rodriguez's attorney, Richard Ney, over the wording
of her statements in an earlier deposition, and at one point told Ney he
had been confrontational and degrading.
Assistant U.S. Attorney Norm Anderson asked St. George whether, in her
follow-up interview with Rodriguez on Feb. 12, 2003, Rodriguez had said he
wanted to remain in prison. She said he did not, and that he seemed
logical and coherent.
Rodriguez's niece and nephew testified that they liked spending time with
their uncle after he was released from prison, and had visited him in
jail. 3 people who work at the Cass County Jail described Rodriguez as a
model prisoner who had no disciplinary problems. Rodriguez has been held
at the jail for the last 2 years.
Sister Yvonne Nelson, a Fargo nun, said she has visited Rodriguez about
100 times in the Cass County Jail. She said he was "reticent" in
discussing religion when she first met him, but he "seemed more
comfortable as time went on."
(source: Associated Press)