Federal Government Announces Withdrawal of Intent to Seek Death in North Dakota Case

On March 14, 2023, at the direc­tion of Attorney General Merrick Garland (pic­tured), the U.S. Attorney for the District of North Dakota with­drew the notice of intent to seek a death sen­tence for Alfonso Rodriguez, Jr., who had been con­vict­ed in 2006 of the 2003 kid­nap­ping and killing of col­lege stu­dent Dru Sjodin. Rodriguez had orig­i­nal­ly been sen­tenced to death in 2007, but U.S. District Court Judge Ralph Erickson reversed the death sen­tence because of mis­lead­ing tes­ti­mo­ny pre­sent­ed at tri­al from the coro­ner and fail­ures of defense coun­sel to explore men­tal health issues.

Judge Erickson con­clud­ed the med­ical exam­in­er was ​“guess­ing” on the stand and that his tes­ti­mo­ny was ​“unre­li­able, mis­lead­ing and inac­cu­rate.” Regarding the defense attor­neys, the judge said that not ful­ly explor­ing the men­tal health of their client, includ­ing evi­dence of severe post-trau­mat­ic stress dis­or­der, may have cost him a pos­si­ble insan­i­ty defense. Rodriguez will now serve a life sen­tence without parole.

The deci­sion to with­draw the government’s intent to seek death came one day after a fed­er­al jury in New York City announced it could not reach a ver­dict for death in the tri­al of Sayfullo Saipov, who had mur­dered eight peo­ple in an act of ter­ror­ism. Saipov will now receive a sen­tence of life with­out parole for the crime. Garland had ear­li­er announced a hold on all fed­er­al exe­cu­tions while the process is being re-examined.