Federal judge Overturns Death Penalty for Alfonso Rodriguez, Jr.

FARGO (KVRR) – A federal judge has overturned the death penalty for Alfonso Rodriguez, Jr., the man convicted of kidnapping and killing Dru Sjodin.

In a 232-page ruling, Eighth Circuit Court of Appeals Judge Ralph Erickson says he found two issues that violate the Constitution and Rodriguez’s right to effective assistance.

The first issue is Ramsey County Medical Examiner Michael McGee’s “unreliable, misleading, and naccurate testimony about the cause of Dru Sjodin’s death,” Erickson wrote.

The second issue is “Trial counsel’s conscious decision to limit the mental health evaluation of Rodriguez, which concealed a possible insanity defense as well as compelling evidence that Rodriguez suffers from severe PTSD,” according to Erickson

Erickson writes “under these circumstances, the Court vacates Rodriguez’s sentence and finds the law, the Constitution, and justice demand a new penalty phase trial be held.