2008 Woodie Awards
Rodriguez files first appeal
Staff Report
Issue date: 4/29/08 Section: News
Convicted killer of Dru Sjodin, Alfonso Rodriquez, filed his appeal April 22, 2008. Rodriquez's attorney offered several arguments in seeking to overturn his death sentence for the murder of Sjodin.
The appeal, which is 200 pages and was filed with the 8th Circuit U.S. Court of Appeals in St. Louis, cites 20 issues or arguments discussing Rodriquez should not of been sentenced to death.
These 20 issues argue that error was made on the part of Judge Ralph Erickson, that misconduct was committed by U.S. Attorney Drew Wrigley and his assistant U.S. attorneys, and that there was racism made in the jury selection.
According to court-appointed attorneys Richard Ney, of Wichita, Kan. and Robert Hoy, of N.D., of the 590 people brought in for jury selection, none of them were Hispanic or Latino and that the prosecutors removed the only African American and only Native American that were on the jury panel.
Also noted is that the heavy media coverage indirectly affected the prejudicial proceedings and selections.
Rodriquez argues that several articles of evidence should have been excluded, including hypnotically induced recollections of government witnesses to evidence that is argued to be scientifically unreliable.
Also, the appeal notes that the trial judge should have ruled the death penalty unconstitutional, which is the main aim of the appeal.
New details that have been introduced in the appeal include the naming of all 12 jurors and the citing of their alleged prejudices and the content of at least one of the "sidebars" done during trial.
Also being introduced is the evident sympathy given to the Sjodin family by the community and media.
Rodriquez was convicted of in August of 2006 of kidnapping and murdering Sjodin. Three weeks later he was given the death penalty by the same jury.
The death penalty became a possibility to the fact that Rodriquez brought Sjodin's body across state lines.
Sjodin's body was found in Crookston, Minn. after several months of searching.
The appeal may take place in the fall of 2008 in the 8th Circuit of the U.S. Court of Appeals in either St. Louis or in St. Paul.
As of now Rodriquez sits on death row in a federal prison in Terre Haute, Ind.
The appeal, which is 200 pages and was filed with the 8th Circuit U.S. Court of Appeals in St. Louis, cites 20 issues or arguments discussing Rodriquez should not of been sentenced to death.
These 20 issues argue that error was made on the part of Judge Ralph Erickson, that misconduct was committed by U.S. Attorney Drew Wrigley and his assistant U.S. attorneys, and that there was racism made in the jury selection.
According to court-appointed attorneys Richard Ney, of Wichita, Kan. and Robert Hoy, of N.D., of the 590 people brought in for jury selection, none of them were Hispanic or Latino and that the prosecutors removed the only African American and only Native American that were on the jury panel.
Also noted is that the heavy media coverage indirectly affected the prejudicial proceedings and selections.
Rodriquez argues that several articles of evidence should have been excluded, including hypnotically induced recollections of government witnesses to evidence that is argued to be scientifically unreliable.
Also, the appeal notes that the trial judge should have ruled the death penalty unconstitutional, which is the main aim of the appeal.
New details that have been introduced in the appeal include the naming of all 12 jurors and the citing of their alleged prejudices and the content of at least one of the "sidebars" done during trial.
Also being introduced is the evident sympathy given to the Sjodin family by the community and media.
Rodriquez was convicted of in August of 2006 of kidnapping and murdering Sjodin. Three weeks later he was given the death penalty by the same jury.
The death penalty became a possibility to the fact that Rodriquez brought Sjodin's body across state lines.
Sjodin's body was found in Crookston, Minn. after several months of searching.
The appeal may take place in the fall of 2008 in the 8th Circuit of the U.S. Court of Appeals in either St. Louis or in St. Paul.
As of now Rodriquez sits on death row in a federal prison in Terre Haute, Ind.
Be the first to comment on this story