This artist rendering shows Nathaniel Pearlson, left, a forensic scientist with the Minnesota Bureau of Criminal Apprehension, testifying Monday, Aug. 21, 2006, in U.S. District Court in Fargo, N.D. In the foreground are Assistant U.S. Attorney Keith Reisenhauer, defense attorney Robert Hoy and defendant Alphonso Rodriguez Jr. Rodriguez is on trial for the 2003 abduction and murder of University of North Dakota student Dru Sjodin. (AP Photo/The Forum, Trygve Olson)
FARGO - Tests of blood spots in the back of Alfonso Rodriguez Jr.'s car showed they matched DNA from Dru Sjodin's toothbrushes, a forensic scientist says.
Prosecutors in Rodriguez' trial also showed photographs Monday of Sjodin's body in a ravine, covered with grass, and called two women to testify about his convictions more than 30 years ago, when both were 18. One woman told how Rodriguez choked her and another said he abducted her at knifepoint in 1974.
Rodriguez, 53, a convicted sex offender from Crookston, Minn., is charged with kidnapping resulting in the death of Sjodin, a University of North Dakota student. He has pleaded not guilty.
Authorities say Sjodin, 22, from Pequot Lakes, Minn., was abducted from a Grand Forks mall parking lot in November 2003, and was raped and stabbed and left to die in a ravine near Crookston.
Steve Fischer, who worked for the Minnesota Bureau of Criminal Apprehension when the tests were conducted of blood spots in Rodriguez's car, said it was unlikely the samples would match more than one person.
Asked if he compared them with Sjodin's toothbrushes, Fischer said, "I found that they matched."
In 1974, Rodriguez pleaded guilty to separate counts of attempted rape and aggravated rape, and was sentenced to prison for up to 15 years.
Prosecutors called one woman as a witness Monday who said Rodriguez choked her, forced her to perform oral sex and threatened to kill her before she agreed to give him a ride home in October 1974.
Under questioning by defense attorney Richard Ney, she said Rodriguez did not use a weapon "except for strangling my neck," and that he told her afterward he was upset and ashamed and needed help.
Another woman testified that Rodriguez "pushed" a knife in her side in November 1974 outside a movie theater and forced her to have sex in the country. Ney showed her testimony she had given police that night and asked her if she remembered that Rodriguez told her he would not hurt her, that he threw the knife out the window and that Rodriguez told her he felt ashamed.
The woman said she remembered he had a cigarette but could not remember other details. "I was crying very hard" while talking to police, she testified.
Rodriguez paged through documents as the women testified and did not look at them.
Also Monday, U.S. District Judge Ralph Erickson denied a defense motion to exclude testimony of a woman who was stabbed in the abdomen and arm by Rodriguez in 1980. He was convicted later that year of assault and attempted kidnapping, and served 23 years in prison.
Defense attorneys had said Ardyce Whalen should not be allowed to take the witness stand because some of her testimony came through hypnosis. Erickson said Whalen's recollection of the actual events was not influenced by hypnosis.
"The only allegation is that her identification of the perpetrator may have been distorted by hypnosis," the judge said. "The evidence shows that the hypnosis was only used to aid in her identification of the perpetrator from a photo lineup."
Whalen has not testified in the trial.
Dick Roue, a retired police officer who found Sjodin's body on April 17, 2004, said the snow had melted and it was a clear day - search conditions he considered ideal.
Roue said he was looking down in a ravine when he saw something black about 20 feet away and 12 feet below.
"As I came closer, I realized there was a body beneath it," Roue said. He saw reddish-blond hair and a leg sticking out, covered with a dark coat and grass, he said.
"It appeared to me as if somebody had put it there," Roue said of the grass. He reported it to authorities, he said, and "I believed it was Dru Sjodin."
Rodriguez's boss, Jose DeLeon Hernandez, said Rodriguez worked for him for about two months, holding up drywall. He said he drove Rodriguez to work most of that time, but during the last week, following Sjodin's disappearance, Rodriguez drove himself.
Hernandez was shown the knife found in Rodriguez's car and said he had never seen it before and that Rodriguez never had used it on the job site.
Testifying in Spanish through an interpreter, Hernandez said that when police came to the job site, Rodriguez told him they were looking for drugs.
Monday's hearing ended with the testimony of a Crookston resident who spotted a pair of black pants near the shoulder of a county road south of town on April 29, 2004. Prosecutors have said those pants belonged to Sjodin.
Earlier, Assistant U.S. Attorney Norm Anderson held up the back rest from the back seat of Rodriguez's car in court, and Nat Pearlson, another Minnesota BCA scientist, pointed out blood spots. Pearlson said two blood spots on the back window could be seen, but others in the back seat were smaller.
"If we weren't specifically looking for blood, it would be easy to miss these," Pearlson said. Preliminary tests determined the stains were blood, he said.
Fischer said he also examined the area where Sjodin's body was found in April 2004, but the tests on her clothing and body did not show the presence of semen. Anderson asked Fischer if that surprised him.
"No, given the fact the body was outdoors in the elements that long," Fischer said.
Rodriguez's attorney, Robert Hoy, indicating Fischer might have expected to find semen, asked him again if he had tested for it.
"Yes," Fischer replied. "I wanted to be thorough."
During questioning by Anderson, Fischer acknowledged he was fired from the BCA after he was convicted of felony assault in September 2004.
Posted in State-and-regional on Monday, August 21, 2006 7:00 pm Updated: 9:58 am.
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