Prosecutors begin round 2 of arguing Rodriguez death penalty
FARGO, N.D. — Prosecutors in North Dakota’s first and only death penalty case say defense attorneys are wrong by claiming the judge didn’t go far enough in explaining why he threw out the sentence for Alfonso Rodriguez Jr.
He was convicted of killing UND student Dru Sjodin.
Judge Ralph Erickson in September ordered a new sentencing phase be conducted, saying his defense team failed to consider key factors.
They argued that the judge left out Rodriguez’s intellectual disability as one of those factors.
In a response filed Friday, prosecutors said Rodriguez’s attorneys “flatly fail to establish the existence of a manifest error or newly discovered evidence”.