FARGO - The first juror in the trial of Alfonso Rodriguez Jr. has yet to be seated, but his attorneys are giving a glimpse of their strategy to save him from execution if he is convicted in the death of college student Dru Sjodin.
The trial for Rodriguez, 53, a convicted sex offender from Crookston, Minn., began Friday with interviews of potential jurors. He has pleaded not guilty to a charge of kidnapping resulting in the death of Sjodin, 22, a University of North Dakota student from Pequot Lakes, Minn.
Prosecutors have said they will ask for the death penalty if Rodriguez is convicted. Potential jurors already have answered written questions about their opinions on the death penalty and whether they believe sex offenders can be rehabilitated.
Defense attorney Richard Ney's questions as jury selection began Friday focused on factors Ney believes could favor Rodriguez in a death penalty argument. They include childhood sexual abuse, psychological conditions and exposure to chemicals.
"If it were shown to you that Alfonso Rodriguez was a victim of childhood sexual abuse, would you consider it a mitigating factor?" Ney asked the first juror candidate. She answered no.
Five people were interviewed on Friday by Ney, U.S. Attorney Drew Wrigley and U.S. District Judge Ralph Erickson. One was accepted into the next round, two were rejected and Erickson said he would rule on the other two on Monday.
During the lunch break, Erickson issued an order that bars reporters from naming jurors and potential jurors. The jurors may be identified by number but not by name, to protect their privacy, the judge said.
Fewer than 600 people remain in the jury pool. The list will be narrowed to 70 before lawyers decide on the final panel of 12 jurors and four alternates.
Lawyers acknowledged they were bogged down Friday with arguments about questions to be asked of jurors and potential jurors. Erickson and Wrigley predicted that jury selection would go more smoothly as procedural issues were ironed out.
There were some heated moments, especially after Wrigley objected to a question by Ney about the possibility of a single juror deciding to sentence Rodriguez to life in prison rather than death. Wrigley said Ney was trying "to plant a seed" in the minds of jurors, and told Ney that the defense attorney knew the proper procedure.
"I don't appreciate Mr. Wrigley telling me what I know and don't know," Ney shot back.
When Ney tried to paraphrase one of Erickson's comments about the issue, the judge raised his voice and said, "I don't particularly like it when you put words in my mouth."
Erickson called for a 20-minute break and then denied Wrigley's objection.
Potential jurors were supposed to be warned not to talk about the case or follow media reports about it after they filled out questionnaires. Erickson said he was not sure if those orders were complete in every case, which led him to put the decision about one possible juror on hold.
Erickson told lawyers to "take a deep breath" before adjourning for the day.
"It's been a long day and it probably hasn't gone as smoothly as it should have," the judge said.
The answers given by juror candidates to the 28-page questionnaire are being kept secret, although prosecution and defense lawyers have access to the information as they choose the jury that will hear the case.
The questionnaire asked extensive personal information - including their TV and reading habits, whether they own or rent their homes, jobs they've held in the last 10 years, if they have children, and whether they attend church.
"How do you spend your free time?" one juror question reads. Asks another: "Do you have the authority to hire and fire employees?"
The original jury pool of about 1,600 was narrowed to 590 after people filled out questionnaires.
A number of juror survey questions ask for jurors' opinions about the death penalty and whether they believe sex offenders are amenable to treatment. Rodriguez has previous convictions for attempted kidnapping, assault, aggravated rape and attempted rape.
"How serious a problem do you think racial discrimination is in North Dakota?" one question reads. "How do you feel about interracial marriage?" asks another. "Have you ever been in the presence of persons who exhibited racial, sexual, religious, and/or other ethnic prejudice?"
Other questions ask jurors if they've ever been arrested, charged with a crime or called the police. They're asked if they have ever belonged to groups advocating the rights of prisoners or crime victims, and if they've ever run for political office or worked on a campaign.
Posted in State-and-regional on Friday, July 7, 2006 7:00 pm Updated: 9:56 am.
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