North Dakota’s first and only federal capital punishment case is on hold after a federal judge threw out the death sentence given to Alfonso Rodriguez Jr. in 2006 in the death of then UND student Dru Sjodin.
Judge Ralph Erickson cited what he called misleading testimony from a medical examiner and failures by defense attorneys to say a new sentencing phase would be warranted.
Prosecutors have to decide whether they will appeal first.
That’s a question that comes as President Biden personally opposes capital punishment and executions nationwide are on hold.
Sjodin’s family has said they support the death penalty for Rodriguez.
AP
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