Attorney calls for new trial

By David Olson

January 26, 2007 at 11:00 PM

Alfonso Rodriguez Jr. deserves a new trial because of prosecutorial misconduct and other problems during his trial last summer, his attorney told a judge Friday.

Defense attorney Richard Ney said government lawyers improperly attacked the credibility of defense lawyers and repeatedly misstated the law to jurors who ultimately found Rodriguez guilty in the 2003 kidnapping and death of college student Dru Sjodin.

During Friday's hearing in Fargo before U.S. District Court Judge Ralph Erickson, U.S. Attorney Drew Wrigley said government lawyers were within their rights to say what they did during the trial, which resulted in a finding by the jury that Rodriguez should be executed.

"We didn't misstate the law as we went along," Wrigley said, adding that jurors reached proper conclusions based on instructions from the court. "These jurors were not dunces."

Ney - a death penalty specialist from Wichita, Kan., told Erickson prosecutors wrongly appealed to juror sympathy when they stated during closing arguments that Sjodin was in the courtroom with them "and all of us today can feel her strength."

Wrigley said he understood the rules forbid prosecutors from promoting empathy in the place of reason and he described the comments Ney objected to as "rhetorical flourishes."

Wrigley flatly denied claims that the defense was not permitted to tell jurors death was not a required punishment.

"It's right there in the transcript," Wrigley said.

The purpose of Friday's hearing was to allow oral arguments on 30 legal issues raised by the defense, many of which had already been ruled on by Erickson, who said he will issue a written ruling on the latest claims on or before Feb. 8, the day Rodriguez is scheduled to be sentenced.

Sjodin's parents, Linda Walker and Allan Sjodin, attended Friday's hearing.

Afterward, they expressed gratitude to Wrigley and others who have helped them cope with the loss of their daughter and the strain of ongoing court proceedings.

"We're thankful we've had such great support," Walker said.

Readers can reach Forum reporter

Dave Olson at (701) 241-5555

By David Olson

I'm a reporter and a photographer and sometimes I create videos to go with my stories.

I graduated from Minnesota State University Moorhead and in my time with The Forum I have covered a number of beats, from cops and courts to business and education.

I've also written about UFOs, ghosts, dinosaur bones and the planet Pluto.

You may reach me by phone at 701-241-5555, or by email at dolson@forumcomm.com.