Lawyers Of Dru Sjodin's Convicted Killer Ask To Transfer Death Penality Case
FARGO, N.D. (AP) — A new team of lawyers could be taking over the federal death penalty appeal of a man convicted of killing a University of North Dakota student in 2003, a change that could lengthen proceedings that have already run nearly a decade.
Two specially appointed death penalty experts along with lawyers from the Minnesota public defender office have been handling the final appeal for Alfonso Rodriguez Jr. for nearly six years. Now they're asking a judge to transfer the case to the Federal Community Defender office in Pennsylvania.
Federal prosecutors declined to comment but are expected to file a response within 10 days.
The motion says the switch is needed because of staffing and personnel changes in the federal system and the Minnesota office. The Pennsylvania office is one of two in the country with resources dedicated to death penalty cases.
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The move would "spare the court substantial resources because the (Pennsylvania office) would not seek court funding for attorney hours, support services, expert expenses, travel, or any other expenses," the motion says.
U.S. District Judge Ralph Erickson in 2010 appointed prominent death penalty attorney Joseph Margulies, a Cornell University law professor, to lead Rodriguez's defense team. Another death penalty specialist, Michael Wiseman, of Swarthmore, Pennsylvania, is also on the case.
Joseph Daly, a professor emeritus at Mitchell Hamline School of Law who has followed the Rodriguez case and has participated in death penalty appeals, said there will likely be some delay but believes the move is driven by cost.
"I am sure Mr. Margulies is not billing at his usual rates but it is still probably much more than the expert lawyers for the Federal Community Defender office," Daly said. "That office is set up to do these kinds of cases, so I'm sure they will be able to move in quickly."
Rodriguez, 63, of Crookston, Minnesota, was convicted of kidnapping and killing 21-year-old UND student Dru Sjodin, of Pequot Lakes, Minnesota. Authorities say she was raped, beaten and stabbed by Rodriguez, a convicted sex offender.
It was the state's first federal death penalty case, tried by then-U.S. Attorney Drew Wrigley, who is now North Dakota's lieutenant governor. The case resulted in tougher laws, both on the state and federal level, for sex offenders. Rodriguez sits on death row in Terre Haute, Indiana.
Hearings in the case are already scheduled into 2017. The next hearing is set for Oct. 15 to discuss mental health issues brought up in the appeal.
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