Skip to main content

As Biden sends mixed signals on death penalty, Alfonso Rodriguez's fate unclear

After a judge tossed the death sentence of Alfonso Rodriguez Jr., his lawyer asked U.S. Attorney General Merrick Garland to withdraw authorization for prosecutors to keep seeking the death penalty.

FARGO — A lawyer for convicted killer Alfonso Rodriguez Jr., who was sentenced to death in 2007, has voiced optimism that U.S. Attorney General Merrick Garland will nix the death penalty option in the case, given that Garland's done so in 21 out of 22 similar requests from defense attorneys.

However, a death penalty expert says it remains unclear whether the death penalty option will be withdrawn in the case involving the murder of North Dakota college student Dru Sjodin nearly two decades ago.

"I don't think there's any way to tell," said Robert Dunham, who heads the nonpartisan Death Penalty Information Center in Washington, D.C. , referring to the case of 69-year-old Rodriguez, whose death sentence for the kidnapping and killing of 22-year-old Sjodin in 2003 was overturned by a judge in 2021.

In the wake of that ruling, Rodriguez's defense attorney, Victor Abreu, asked Garland to withdraw authorization for prosecutors to continue seeking the death penalty and both sides are now waiting for Garland to make a decision.

Based on the timing of past decisions, a ruling regarding Rodriguez's case is anticipated some time this spring or early summer, but there is no prescribed deadline for when such a ruling must be made.

Mac Schneider, who recently became the U.S. Attorney for North Dakota, said he is not making any predictions on what Garland's decision will be. Schneider said his office will be prepared to move forward with re-sentencing Rodriguez if the death penalty is continued to be authorized in the case.

"As for this office, we intend to proceed with another penalty phase, unless the attorney general tells us otherwise," Schneider said.

If the death penalty is not reauthorized, there will be no further proceedings regarding a death sentence, but there will likely be a proceeding to formally sentence Rodriguez to life in prison, Schneider said. Rodriguez is being held at a federal prison in Terre Haute, Indiana.

Mixed messages


Dunham, the death penalty expert, said the fact Garland has approved the withdrawal of death penalty authorization in nearly two dozen cases may not be an indicator of what he will do in the Rodriguez case, because many of the other cases do not involve someone who has already been convicted.

President Joe Biden, who appointed Garland, has said in the past he wanted to end the death penalty, but he has also said he doesn't want the White House to interfere with individual decisions being made by the Justice Department, said Dunham, who added it appears Garland is making decisions regarding death penalty authorization on a case-by-case basis.

Under Biden's tenure, the Justice Department paused all federal executions in July of 2021 to review policies and procedures, but the agency has also continued to support existing death penalties in certain instances.

Those cases include one in Boston, where the Justice Department is pushing judges to uphold the death sentence of Dzhokhar Tsarnaev, the man convicted in the 2013 Boston Marathon bombing.

Dunham said the Biden administration's apparent ambiguity when it comes to capital punishment is magnified by the fact the White House has not come out with a policy specifically prohibiting the pursuit of the death penalty as an option.

Dunham acknowledged that avoiding politicization of Justice Department decisions is a good thing, but he added that if Biden did set a policy to end the death penalty in federal cases, it wouldn't jeopardize Justice Department independence.

"There is a huge difference between setting a policy that applies to an entire class of cases and interfering in individual cases," Dunham said.

According to Dunham, the Biden administration's largely inactive approach to the death penalty makes it likely that a future president will resume federal executions, similar to what occurred during former President Donald Trump's tenure.

Federal executions resumed in 2020 following a 17-year hiatus. With 13 executions being carried out, the last six months of the Trump administration oversaw more federal executions than any president in more than 120 years.


Dunham said if the Biden administration's inaction continues in regards to the death penalty, it will eventually result in executions happening at some point.

"The executions may occur under a different president, but they will be Biden administration executions," Dunham said.

A grisly crime


Sjodin was abducted from the Columbia Mall in Grand Forks in November of 2003.

At the time, Sjodin was a University of North Dakota student and worked at the mall.

Prosecutors said Rodriguez sexually assaulted Sjodin, took her to a ravine near Crookston, Minnesota, and slashed her throat before leaving her for dead.

Her body was found on April 17, 2004.

U.S. 8th Circuit Court of Appeals Judge Ralph Erickson, who oversaw Rodriguez's 2006 trial when he was a U.S. District Court judge, issued the 2021 ruling overturning a jury decision that Rodriguez be sentenced to death.

Erickson said defense attorneys during the sentencing portion of Rodriguez's trial should have done more to challenge a medical examiner’s testimony that said Sjodin died from the slash to her neck.

Experts hired by the defense said Sjodin could have died from strangulation, and an autopsy report cited suffocation or exposure as possible causes of death, along with the neck slash.

Erickson also noted that a mental health evaluation may have missed a possible insanity defense and evidence that Rodriguez has severe post-traumatic stress disorder.

Prosecutors filed an appeal of Erickson’s ruling, but later withdrew it.

Source: inforum.com, David Olson, January 28, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Tennessee Woman Christa Pike Survives Lethal Injection, Ends Up in Hospital; Governor Halts Executions

Tennessee unable to carry out the execution by lethal injection of Christa Gail Pike Tennessee officials were unable to put Christa Gail Pike to death for a 1995 murder Wednesday, media witnesses said, after the lethal injection was halted for hours as courts considered a last-minute appeal of what would have been the state's 1st execution of a woman in at least 200 years.  Pike, 50, had been scheduled for execution for a killing she committed at age 18 after the U.S. Supreme Court overturned an appeals court ruling that stopped the lethal injection just an hour before it was to start. Officials then attempted to go ahead with it as planned. 

Florida | He executed death row prisoners. Then they came back to haunt him

Dunnellon, Florida—Every night, one of the men Ron McAndrew killed would sit at the foot of his bed and stare, blankly, into his tortured soul. He knew they were coming. He’d shift over in his sheets to make room. “They never said anything,” McAndrew recalls, his aged voice straining from the weight of the memory. “They just sat there and looked at me.” But their eyes would talk. They would ask, "How could you do such a thing?’” says McAndrew. “You always claimed to be a good person. And now you’re killing people.”

Tennessee | Governor permits Christa Pike execution: 'I am upholding the sentence'

Gov. Bill Lee does not plan to stop Christa Pike's execution. Pike, 50, is scheduled to be killed by lethal injection 10 a.m. Sept. 30 at Riverbend Maximum Security Institution in Nashville. “After deliberate consideration of Christa Gail Pike’s request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene," Lee said in a statement released Sept. 28. Pike's attorneys lamented the news.

Florida executes Curtis Beasley

A 77-year-old man convicted of killing a woman with a hammer has become the 16th person executed this year in Florida  A 77-year-old Florida man was put to death Tuesday for his conviction in a deadly hammer attack on a woman decades ago, becoming the 16th person executed to date this year in the nation’s busiest death chamber.  Curtis Wilkie Beasley was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of 1st-degree murder, robbery, and grand theft auto in the 1995 hammer attack on Carolyn Monfort at her home south of Orlando. 

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

DNA evidence doesn’t match man who spent decades on death row, Utah prosecutors say

Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen Prosecutors are dropping their plan to seek the death penalty in an upcoming retrial of a Utah man who spent decades on death row for a 1985 killing in which newly analyzed DNA evidence did not match him. Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. The state Supreme Court last year ordered a new trial, citing misconduct by investigators. Carter remains in custody and maintains his innocence.