FARGO - Two women assaulted by Alfonso Rodriguez Jr. in 1974 will be allowed to testify in the next part of his trial, when federal court jurors will decide whether he receives the death penalty for killing a University of North Dakota student.

A day after Rodriguez, 53, of Crookston, Minn., was convicted in the death of Dru Sjodin, lawyers were back in court arguing over testimony that could help jurors decide whether he should be sentenced to death or life in prison without parole. It's the first capital punishment case in North Dakota in more than 100 years.

U.S. District Judge Ralph Erickson ruled Thursday that Rodriguez's earlier victims, who took the stand in the guilt phase of his trial, could testify again in the penalty phase. The women were assaulted a month apart and Rodriguez was convicted in both cases, of rape and attempted rape.

Sjodin, 22, of Pequot Lakes, Minn., was abducted from the parking lot of a Grand Forks shopping mall in November 2003. Her body was found the following April in a ravine near Crookston. Rodriguez was convicted of a charge of kidnapping resulting in her death.

His lawyers had complained about court documents that said the women assaulted in 1974 suffered from post-traumatic stress disorder. There's no medical evidence to back those claims, the defense attorneys said.

Assistant U.S. Attorney Keith Reisenauer said the jury "needs to know as much information as we can give them." Defense attorney Richard Ney agreed with the premise that "more is better," but said "it has to reliable evidence to be better."

Erickson said the women should be able to tell jurors how the incidents affected them, but not give any medical opinions. He said their testimony should be limited to such subjects as sleeplessness, appetite, relationships, counseling and group therapy.

Erickson also said he would limit testimony about another woman who was attacked by Rodriguez in 1980. Rodriguez was sentenced for assault and attempted kidnapping, but the case remains under appeal in a Minnesota appellate court because the woman identified Rodriguez after undergoing hypnosis.

The judge said the appeal is "still sitting there like this great big elephant." He said the "safest course of conduct" is to tell the jury only that she was stabbed twice in an attempted abduction.

Erickson said he plans to rule on two other items before the jury reconvenes on Tuesday, including whether certain autopsy photos should be shown. He's also looking at whether any of the alternate jurors should be allowed to deliberate during the death penalty phase, if needed.