Dru Sjodin’s Autopsy Evidence Under Dispute in Death Penalty Appeal

Linda Walker, Sjodin's mother, has sat in on every hearing since the appeal started on Tuesday

FARGO, N.D. — Forensic scientists are disputing autopsy evidence in the death penalty appeal for Alfonso Rodriguez.

One of Rodriguez’s former attorneys took the stand.

Forensic experts are disputing male DNA tests done by Dr. Michael McGee when he performed the initial autopsy on UND student Dru Sjodin.

Those tests came back positive.

This ultimately led to the rape conviction of Rodriguez.

He was indicted in the kidnapping, rape and death of Sjodin.

But Robert Hoy, one of Rodriguez’s former attorneys, said a more definitive male DNA test on Sjodin’s body came back negative.

He said these results were not revealed until about a month before the death sentence trial in 2006.

Hoy would not tell us if he thinks this influenced the jury’s decision.

Attorneys at the appeal hearing suggest disproving the rape conviction would relieve Rodriguez from his death sentence.

Hoy read a past letter in court which said keeping the government from proving sexual assault would be a major victory in the death sentence case.

Forensic pathologist Dr Michael Ferenc reviewed McGee’s autopsy.

McGee previously told attorneys Sjodin was killed with knife wounds based on notches in her neck.

Dr. Ferenc told attorneys there is no reason to believe Sjodin was killed with a knife.

He, along with other forensic pathologist’s who took the stand, think she died from asphyxiation.

Ferenc told attorneys these notches came from animals while the body was decomposing.

This lines up with a statement made by Dr. Mark Flomenbaum who testified on Tuesday.

Both believe Sjodin was strangled, not stabbed.

We spoke with Sjodin’s mother, Linda Walker.

She told us she wants to wait until after the trial is complete before doing an on camera interview.

Walker has sat in on every hearing since the appeal trial started on Tuesday.

The trial was scheduled for seven days, but Hoy’s testimony went past 5p.m. due to scheduling conflicts.