FARGO - Legal experts say the case against the man charged in Dru Sjodin's disappearance is likely to wind up in federal court, where prosecutors could seek the death penalty. The question is whether U.S. attorneys from Minnesota or North Dakota would handle the case.

The body of Sjodin, 22, was found Saturday morning near a county road northwest of Crookston, Minn., about five months after she was last seen at a Grand Forks shopping mall. Alfonso Rodriguez Jr., 51, of Crookston, is charged in Grand Forks County with kidnapping her. He has pleaded not guilty.

Because Sjodin's body was discovered in Minnesota, the case could bring a federal charge of kidnapping resulting in death, said Richard Frase, criminal law professor at the University of Minnesota.

"I think it will go federal," Frase said. "Then it's just a question of venue."

U.S. Attorneys Thomas Heffelfinger of Minnesota and Drew Wrigley of North Dakota appeared at a news conference in Crookston on Saturday after Sjodin's body was found. Both men said they would cooperate on any decisions about possible federal charges.

"There are angry and upset people in both states," Frase said. "I'm sure both offices believe there are strong reasons why they think they should handle the case."

Wrigley was in Grand Forks on Monday to meet with Grand Forks County Attorney Peter Welte and other law enforcement officials from the two states to discuss the case's future.

David Lillehaug, former U.S. attorney for Minnesota, said prosecutors should decide which state has a greater connection to the crime. The fact that the alleged abduction took place in North Dakota and that Sjodin was living in North Dakota could put the trial there, he said.

"On the other hand, Dru Sjodin was a permanent resident of Minnesota, both parents of the victim reside here, the alleged perpetrator is a Minnesotan and the body was discovered in Minnesota," Lillehaug said. "Each U.S. attorney could make a pretty good case."

Joseph Daly, a criminal law professor at Hamline University in St. Paul, said he believes a federal trial would be handled by Wrigley, mainly because Sjodin was attending the University of North Dakota and the crime originated in Grand Forks.

Daly also said he believes that North Dakota residents are more open to the death penalty, even though neither state allows for capital punishment under state laws.

"There's still a big debate in Minnesota about whether or not the death penalty should ever be instituted, even in a federal situation," Daly said. "Even for this horrific kind of crime, the tenor is such in Minnesota that there's enough people who don't believe the death penalty is appropriate."

Daly and Lillehaug said the appearance of the two U.S. attorneys at Saturday's press conference shows they have likely decided to pursue federal charges. If they cannot agree on who should handle the case, the decision would be made by U.S. Attorney General John Ashcroft.

Lillehaug said he had seven or eight cases that involved discussions with U.S. attorneys from other states.

"We were able to reach agreements in each case," he said. "But there was nothing this momentous."

Meanwhile, a spokeswoman for the Ramsey County Medical Examiner's Office in St. Paul, Minn., where Sjodin's body was taken, said the preliminary autopsy report had been completed Monday and sent to Polk County authorities.

Polk County Sheriff Mark LeTexier said the Polk County attorney would issue a news release today about the preliminary autopsy results.