Previous Evidence Questioned in ND Death Penalty Appeal Hearing

Alfonso Rodriquez has been on death row for 11 years

FARGO, N.D. — A federal inmate from Crookston convicted of killing UND student Dru Sjodin is appealing his death sentence.

Two forensic experts took the stand in the start of what could be Rodriguez’s last appeal.

It’s been more than 12 years since 64-year-old Alfonso Rodriguez was federally indicted for the kidnapping, murder and rape of Dru Sjodin.

After the body of Sjodin was found, this became North Daktoa’s first death penalty case.

But years after his death sentence in 2006, attorneys for Rodriguez said a previous medical examiner could have been wrong.

In previous court cases, Dr. Michael McGee told attorneys they found male DNA on Sjodin’s body and clothes.

This ultimately led to a rape conviction.

Prosecutors said rape evidence largely influenced the jury in the death sentence trial.

Forensic scientist Alan Keel took the stand.

He said the positive male DNA tests when the body was first found is presumptive evidence, meaning it was not confirmed.

Later tests did not confirm if male DNA was on the body.

It was only found on Rodriguez’s jeans.

Dr. Mark Flomenbaum, the Chief Medical Examiner of Maine, told attorneys he did a new autopsy on the body and firmly believes she was killed with a rope around her neck.

He said marks which appeared to be knife wounds could have come from animals while the body was decomposing in the elements.

Rodriguez has been on death row for 11 years.

Of the 76 federal inmates on death row, only three were executed since the death sentence was reinstated in 1988.

The appeals trial could last up to seven days.

Rodriguez waived his right to appear in court.