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FARGO — Federal prosecutors will appeal a ruling that overturned Alfonso Rodriguez’s death sentence.
The U.S. Attorney’s Office in North Dakota filed a notice to appeal Thursday, March 3, in the case against the 69-year-old on death row. Rodriguez was found guilty in 2006 of kidnapping and killing 22-year-old Dru Sjodin.
A jury sentenced Rodriguez to death in 2007, but Eight Circuit Court of Appeals Judge Ralph Erickson reversed the sentence. The judge, who also oversaw Rodriguez’s trial as a U.S. District judge, ruled the defendant’s trial attorneys were ineffective during the sentencing portion.
Prosecutors argued Rodriguez took Sjodin, a University of North Dakota student, from Columbia Mall in Grand Forks in November 2004, sexually assaulted her, marched her down a ravine near Crookston, Minnesota, and killed her. Sjodin’s body was found in the ravine in April 2004.
A Ramsey County medical examiner said Sjodin died from a slash to her throat. Defense experts contradicted that finding by saying she could have died from strangulation, while an autopsy said the cause of death was a wound to the neck, suffocation or exposure.
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The medical examiner’s findings were based on speculation, Erickson said in his 232-page opinion filed in September. The defense should have done more to challenge that testimony, the judge wrote.
Erickson also determined a mental health evaluation could have missed a possible insanity defense and evidence that Rodriguez suffered from severe post-traumatic stress disorder.
Rodriguez’s appeal attorneys asked Erickson in October to alter his findings that an intellectual disability shouldn’t play a role in overturning the death penalty. Erickson struck down that challenge in January.
Erickson ordered another sentencing phase for Rodriguez. Federal prosecutors had the choice of proceeding with a second sentencing trial, allowing Rodriguez to serve a life sentence without further hearings or appealing Erickson’s ruling.
The notice does not give a justification for appealing. That is expected to come at a later date.
It’s unclear how long the appeal process will take. If Rodriguez receives capital punishment again, the Biden Administration has put a moratorium on death sentences being carried out.
