Two key witnesses plan to testify Friday at a special hearing to determine whether government experts consumed too much DNA evidence when testing samples for Alfonso Rodriguez Jr.'s trial.
The hearing, rescheduled from two weeks ago to accommodate experts' schedules, centers on proper testing procedures and whether the government's forensic scientists preserved enough evidence to allow the defense to conduct independent tests.
The trial, now under way with jury selection in U.S. District Judge Ralph Erickson's Fargo courtroom, could change its course because defense lawyers claim the prosecution's case relies on forensic evidence gathered during a search of Rodriguez's car and home.
Rodriguez, 53, of Crookston, Minn., is a twice-convicted sex offender charged with a capital offense for the kidnapping and death of Dru Sjodin.
Robert Hoy, a West Fargo lawyer appointed to represent Rodriguez, filed a motion May 24 to prevent prosecutors from using some DNA evidence collected during the searches. He argued the government's forensic scientists left virtually no usable samples for independent testing.
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"This prosecution is, at its core, a forensic evidence case," he wrote. "The government will likely offer circumstantial evidence raising questions about the defendant's whereabouts at relevant times, but they will offer neither eyewitness nor confession (evidence)."
Hoy, a former Cass County state's attorney, also called the government's handling of the case "egregious," "appalling" and "arrogant."
The topic ignited a debate the following day at a pretrial hearing, where U.S. Attorney Drew Wrigley said defense attorneys consented to the government's tests and could have brought their own experts during forensic analysis.
The prosecutor also said his office has written proof that the defense received notice in advance of the testing.
The defense's allegations, along with comments by attorneys questioning the others' motives, prompted Erickson to impose a gag order on trial participants, preventing them from discussing anything related to the case.
The judge later amended his gag order, based on a challenge by Forum Communications and supported by several media organizations, to prevent opinions, attitudes and judgments by trial participants, most notably attorneys handling the case.
The evidence hearing, open to the public, begins at 9 a.m. Friday. Ann Marie Gross, a forensic scientist for the Minnesota Bureau of Criminal Apprehension, will testify for prosecutors. Dean Stetler, an associate professor in the University of Kansas' molecular biosciences department, plans to testify by videoconference for the defense.
It marks the first time since jury selection began July 7 that attorneys will argue about evidence in the case.
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Readers can reach Forum reporter
Steven P. Wagner at (701) 241-5542
