Defense lawyers for Alfonso Rodriguez Jr. say prosecutors seeking his death shouldn't be allowed to review his mental health evaluation unless he's convicted.
In paperwork filed Thursday, court-appointed defense attorney Richard Ney also doesn't want the government to know what types of mental health experts they plan to use or the types of tests they plan to give him before his trial starts.
Jury selection for Rodriguez, 53, begins July 6 in Fargo. Jurors must determine if Rodriguez kidnapped Dru Sjodin from a Grand Forks, N.D., parking lot and killed her.
The latest filing responds to a request by U.S. Attorney Drew Wrigley to force defense lawyers to say whether they'll offer mental health evidence at the trial and give a summary of issues experts will rely on.
Both sides agree the judge should appoint an attorney or two to review mental health issues for the government aside from those lawyers who will be prosecuting Rodriguez. However, they disagree on procedures and timing of when those attorneys would become involved.
ADVERTISEMENT
Ney's request addresses several other issues related to Rodriguez's mental health exam and includes a proposed order using other federal cases as a guideline.
The government is likely to respond to the proposed order with additional arguments for judge Ralph Erickson.
Defense lawyers also have asked for the judge to move the trial to another venue, claiming Rodriguez can't receive a fair trial in Fargo because of publicity.
A hearing is scheduled for May 12 to hear additional pre-trial arguments in the case.
