Post by Anja Nieser on Sept 19, 2006 17:52:25 GMT -5
Rodriguez defense says he asked for help in 2003----The defense concluded
its case for giving Rodriguez a life sentence, and the jury soon will
begin its final deliberations.
A defense attorney sparred with a defense witness Monday over why
Minnesota prison officials didn't respond more to alleged signs from
Alfonso Rodriguez Jr. that he wanted help after his release in May 2003.
As the penalty phase of Rodriguez's trial neared its end, defense attorney
Richard Ney also introduced a letter he sent to U.S. Attorney Drew Wrigley
on March 8, in which he said Rodriguez was willing to plead guilty to the
charge of kidnapping Dru Sjodin and causing her death, if the government
would not seek his death.
Rodriguez would not contest a sentence of life without parole or appeal
the conviction, according to the letter.
Wrigley did not comment on the offer or why he refused to accept it.
The defense then rested its case in the penalty phase. Wrigley said the
government would complete its rebuttal today.
Judge Ralph Erickson said final arguments are likely Wednesday morning,
and then the jury will begin its deliberations over whether Rodriguez --
convicted on Aug. 30 of kidnapping the 22-year-old college student in 2003
and causing her death -- should be sentenced to death or life in prison
without parole.
During frequently contentious questioning, Ney repeatedly sought to have
Moose Lake Prison psychologist Rita St. George explain concerns she had
about Rodriguez in the months before his release.
Ney asked her whether Rodriguez mentioned in a Jan. 23, 2003, meeting that
he was having "fantasies" and anxieties as his release date approached.
The attorney called it a "stop me before I do it again" sort of anxiety.
St. George said, "He didn't say that to me."But that's what concerned you,
wasn't it?" Ney asked, adding that she had given such a response in a
deposition.
St. George said that her response had been to Ney's question about
Rodriguez complaining that prison staff members weren't listening to him.
Help for "mental problem"
Seeking to show jurors why he should be sentenced to life in prison rather
than death, defense attorneys have argued that one mitigating factor is
Rodriguez's plea for help and his reluctance to be sent back into society.
In January 2003, Rodriguez made a request to prison officials seeking help
for "a mental problem."
St. George testified that Rodriguez told her at the time that he "was
having trouble sleeping, his appetite was somewhat erratic ... and it was
difficult sometimes for him to breathe" as he contemplated his release
after years in prison on a sex-assault conviction.
But she said Rodriguez didn't appear tired or to have lost weight, and his
concerns had to do with finding a job and a place to live.
In a second meeting with her in February 2003, Rodriguez had begun dealing
with those practical issues, St. George said. He seemed "logical, coherent
and goal-oriented," and confident he would find gainful employment.
"He didn't say he wanted to stay in prison," she said. "He wasn't afraid
he was going to hurt himself or others."
Clearly exasperated, Ney read portions of her May deposition, in which she
said Rodriguez seemed "very frightened" about getting out of prison and
"wished he could find a place where he would be locked up but not locked
up."
On Monday, St. George said she "didn't know what he meant by that
statement," but attributed it to anxiety over the practical matters of
finding work and a place to live.
Concern about offenders
St. George testified that she got her "hand slapped" by superiors for
getting involved in the question of whether Rodriguez should be released.
But she denied Ney's suggestion that the rebuke influenced her analysis of
her 2nd talk with Rodriguez.
"You have Mr. Rodriguez in front of you saying, 'I'm very frightened about
being let out,' having a fear of relapse -- you put that in your report,
that you had fears ... that he might re-offend," Ney said.
"I have concerns about all the offenders when they're released," said St.
George, who added: "I don't believe he was afraid" of hurting himself or
others.
St. George said she talked with a supervisor about Rodriguez but didn't
know what actions the supervisor took.
During cross-examination by Assistant U.S. Attorney Norm Anderson, St.
George said that Rodriguez had posed no disciplinary problems in 28 years
of confinement.
"Was there anything you could point to to say he was a danger?" Anderson
asked.
"Just that he was a repeat sex offender," St. George said. But he had
committed the offenses while in his 20s, she said, and was 50 when he was
released.
At the time of his arrest in the Sjodin case, Minnesota corrections
officials offered the same explanation for why Rodriguez wasn't referred
for civil commitment. Under changes implemented since, such a referral
would be automatic.
Also Monday, three employees at the Cass County, N.D., jail where
Rodriguez was held during the trial called him a model inmate, and a nun
who has visited him weekly said they talked about gardening, books and
family.
A niece, 12, and nephew, 13, told jurors that Rodriguez was "a good uncle"
who made snacks and played games with them after school in Crookston,
Minn. His youngest sister testified that she asked local and state
corrections officials before his release that he be given continuing
supervision.
(source: Minneapolis Star Tribune)
its case for giving Rodriguez a life sentence, and the jury soon will
begin its final deliberations.
A defense attorney sparred with a defense witness Monday over why
Minnesota prison officials didn't respond more to alleged signs from
Alfonso Rodriguez Jr. that he wanted help after his release in May 2003.
As the penalty phase of Rodriguez's trial neared its end, defense attorney
Richard Ney also introduced a letter he sent to U.S. Attorney Drew Wrigley
on March 8, in which he said Rodriguez was willing to plead guilty to the
charge of kidnapping Dru Sjodin and causing her death, if the government
would not seek his death.
Rodriguez would not contest a sentence of life without parole or appeal
the conviction, according to the letter.
Wrigley did not comment on the offer or why he refused to accept it.
The defense then rested its case in the penalty phase. Wrigley said the
government would complete its rebuttal today.
Judge Ralph Erickson said final arguments are likely Wednesday morning,
and then the jury will begin its deliberations over whether Rodriguez --
convicted on Aug. 30 of kidnapping the 22-year-old college student in 2003
and causing her death -- should be sentenced to death or life in prison
without parole.
During frequently contentious questioning, Ney repeatedly sought to have
Moose Lake Prison psychologist Rita St. George explain concerns she had
about Rodriguez in the months before his release.
Ney asked her whether Rodriguez mentioned in a Jan. 23, 2003, meeting that
he was having "fantasies" and anxieties as his release date approached.
The attorney called it a "stop me before I do it again" sort of anxiety.
St. George said, "He didn't say that to me."But that's what concerned you,
wasn't it?" Ney asked, adding that she had given such a response in a
deposition.
St. George said that her response had been to Ney's question about
Rodriguez complaining that prison staff members weren't listening to him.
Help for "mental problem"
Seeking to show jurors why he should be sentenced to life in prison rather
than death, defense attorneys have argued that one mitigating factor is
Rodriguez's plea for help and his reluctance to be sent back into society.
In January 2003, Rodriguez made a request to prison officials seeking help
for "a mental problem."
St. George testified that Rodriguez told her at the time that he "was
having trouble sleeping, his appetite was somewhat erratic ... and it was
difficult sometimes for him to breathe" as he contemplated his release
after years in prison on a sex-assault conviction.
But she said Rodriguez didn't appear tired or to have lost weight, and his
concerns had to do with finding a job and a place to live.
In a second meeting with her in February 2003, Rodriguez had begun dealing
with those practical issues, St. George said. He seemed "logical, coherent
and goal-oriented," and confident he would find gainful employment.
"He didn't say he wanted to stay in prison," she said. "He wasn't afraid
he was going to hurt himself or others."
Clearly exasperated, Ney read portions of her May deposition, in which she
said Rodriguez seemed "very frightened" about getting out of prison and
"wished he could find a place where he would be locked up but not locked
up."
On Monday, St. George said she "didn't know what he meant by that
statement," but attributed it to anxiety over the practical matters of
finding work and a place to live.
Concern about offenders
St. George testified that she got her "hand slapped" by superiors for
getting involved in the question of whether Rodriguez should be released.
But she denied Ney's suggestion that the rebuke influenced her analysis of
her 2nd talk with Rodriguez.
"You have Mr. Rodriguez in front of you saying, 'I'm very frightened about
being let out,' having a fear of relapse -- you put that in your report,
that you had fears ... that he might re-offend," Ney said.
"I have concerns about all the offenders when they're released," said St.
George, who added: "I don't believe he was afraid" of hurting himself or
others.
St. George said she talked with a supervisor about Rodriguez but didn't
know what actions the supervisor took.
During cross-examination by Assistant U.S. Attorney Norm Anderson, St.
George said that Rodriguez had posed no disciplinary problems in 28 years
of confinement.
"Was there anything you could point to to say he was a danger?" Anderson
asked.
"Just that he was a repeat sex offender," St. George said. But he had
committed the offenses while in his 20s, she said, and was 50 when he was
released.
At the time of his arrest in the Sjodin case, Minnesota corrections
officials offered the same explanation for why Rodriguez wasn't referred
for civil commitment. Under changes implemented since, such a referral
would be automatic.
Also Monday, three employees at the Cass County, N.D., jail where
Rodriguez was held during the trial called him a model inmate, and a nun
who has visited him weekly said they talked about gardening, books and
family.
A niece, 12, and nephew, 13, told jurors that Rodriguez was "a good uncle"
who made snacks and played games with them after school in Crookston,
Minn. His youngest sister testified that she asked local and state
corrections officials before his release that he be given continuing
supervision.
(source: Minneapolis Star Tribune)