The U.S. Supreme Court said Monday it will not review a lower court ruling that affirmed the death sentence given to Alfonso Rodriguez Jr. for killing a University of North Dakota student in 2003.
What happens next depends on the defense, said Lynn Jordheim, first assistant U.S. Attorney for the District of North Dakota and acting U.S. Attorney in the case of Rodriguez. Rodriguez, a Crookston, Minn., man, was found guilty in 2006 of the murder and sexual assault of 22-year-old Dru Sjodin.
The federal jury that found Rodriguez guilty also sentenced him to death.
A three-judge panel of the 8th U.S. Circuit Court of Appeals affirmed the death sentence in September 2009 when it denied Rodriguez's request for a hearing in front of the full circuit court.
It was that decision the U.S. Supreme Court declined to review, Jordheim said.
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He said the defense will have a significant amount of time in which to file further appeals.
He said no execution date has been set.
Joseph Margulies, a Northwestern University law professor, leads Rodriguez's defense team.
Efforts to reach Margulies Monday by phone and e-mail were not successful.
Defense attorneys said in July they were working on an appeal historically referred to as habeas corpus, a motion separate from the original appeal and meant to determine whether the government can continue to hold an inmate.
Readers can reach Forum reporter Dave Olson at (701) 241-5555
