Stephen J. Lee, Forum News Service, Published December 19 2013
Judge seeks to streamline death penalty appeal issues for Sjodin’s killer
“There are a lot of pages, a lot of things said, a lot of issues raised,” Erickson told the attorneys Thursday in federal court in Fargo during a 13-minute status conference.
If there are any issues either side sees as having “less merit than others” and could abandon to concentrate on more significant ones, “it makes my life easier,” he said.
Rodriguez, 60, remains on federal death row in Terre Haute, Ind., convicted of kidnapping leading to the death of University of North Dakota student Dru Sjodin, who was 22 when he took her from a parking lot in Grand Forks on Nov. 22, 2003.
Erickson, who imposed the death sentence in early 2007, must rule on what is considered Rodriguez’s final appeal.
The initial appeal was rejected by a federal circuit court panel, and the U.S. Supreme Court declined to hear it, after which a new defense team was appointed. That team filed the habeas corpus appeal being considered now.
The judge told attorneys Thursday it appears the many issues addressed by both sides break roughly into the conduct of attorneys during the trial and questions about Rodriguez’s mental health.
Rodriguez’s attorneys are arguing he had ineffective lawyers during his trial in 2006, that he is mentally diminished for a number of reasons and that he was criminally insane at the time he killed Sjodin.
His sister, Illeana Noyes, attended the hearing with a high school friend and talked with the three defense attorneys after the hearing. She lives near Crookston, Minn., where Rodriguez grew up. Noyes declined to comment to reporters.
Sjodin’s parents, Allan Sjodin and Linda Walker, again were in attendance, as they have been for all court hearings in the case against Rodriguez, who was convicted by a jury in 2006. The jury also decided he should be put to death.
Last month, Assistant U.S. Attorney Keith Reisenauer filed the prosecution’s answers to the defense team’s 2011 habeas corpus appeal, both filings running to hundreds of pages.
Erickson set a March 7 deadline for Reisenauer to file the routine motion for summary judgment and gave the defense team 28 days to respond to it.
The judge told both sides that if a hearing is required after next spring’s motions, he will schedule one “promptly.”
The attorneys from both sides said they were going to meet behind closed doors later Thursday to discuss what matters of evidence might still need to be introduced on the record as part of the appeal.
The defense team also planned to meet privately with Erickson to discuss how much money it needs to proceed, information Erickson said the prosecution was not privy to.
The habeas corpus appeal also can go to the federal circuit court of appeals and to the U.S. Supreme Court.