The federal judge presiding over Alfonso Rodriguez Jr.'s trial has denied five motions by his lawyers, but called for a hearing to learn more about a possible expert witness for prosecutors.
U.S. District Judge Ralph Erickson issued his order Tuesday for motions debated for two days in mid-December.
The order rejected motions by Rodriguez's court-appointed lawyer, Richard Ney, who argued much of the government's evidence used to support a death penalty sentence was constitutionally vague, overbroad or insufficient.
Rodriguez, 53, faces a federal charge for the kidnapping and death of Dru Sjodin, who disappeared Nov. 22, 2003, from a Grand Forks, N.D., parking lot.
If convicted, jurors must sentence Rodriguez to life imprisonment or death.
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Ney, of Wichita, Kan., said Tuesday he hasn't seen the judge's order and couldn't comment.
U.S. Attorney Drew Wrigley said the ruling didn't come as a surprise.
"We're not arguing there isn't a time and place for these issues," Wrigley said.
On Rodriguez's behalf, Ney asked the judge to throw out factors that jurors could use in deciding whether to sentence Rodriguez to death.
The phrases "substantial planning and premeditation" and "heinous, cruel and depraved" are constitutionally vague and broad, Ney argued.
In his 11-page ruling, Erickson said jurors are capable of understanding the "common-sense meaning" for phrases describing the crime.
Wrigley said during the hearing that prosecutors will show Rodriguez injured Sjodin so she couldn't resist during the abduction and then assaulted her for hours.
Ney also asked the judge to strike language in the indictment because evidence is insufficient to support the charge.
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"At this stage, it would be inappropriate for the Court to strike any portion of the indictment based on an argument that the evidence was insufficient to support the allegation," Erickson wrote.
In addition, Ney wanted prosecutors to provide additional details about what they plan to prove to jurors in seeking the death penalty. Erickson said prosecutors have met their burden by filing detailed paperwork.
Erickson said he'll conduct a hearing before the trial to determine the reliability and relevance of expert testimony about dangers Rodriguez poses in the future.
Wrigley said his office will be prepared for the hearing and address the issue "forcefully" if they plan to ask jurors to consider future dangerousness as a factor for the death penalty.
Several other motions filed in the case remain pending in the trial that is scheduled to start July 6. The judge will hear debate on the motions during a March 3 pretrial hearing.
(Steven P. Wagner writes for The Forum of Fargo-Moorhead, a Forum Communications Co. newspaper)
