Post by SoulTrainOz on Jul 16, 2006 23:09:49 GMT -5
DAVE KOLPACK
Associated Press
FARGO, N.D. - A handful of the same questions from a 28-page survey keep popping up during interviews of jury candidates in the five-day-old trial of Alfonso Rodriguez Jr.
Rodriguez, 53, of Crookston, Minn., has pleaded not guilty to a charge of kidnapping resulting in the death of University of North Dakota student Dru Sjodin. Prosecutors have said they will seek the death penalty if he's convicted.
U.S. District Judge Ralph Erickson is leading interviews of potential jurors, but he's allowing U.S. Attorney Drew Wrigley and defense attorney Richard Ney to ask follow-up questions. If one of the lawyers objects to a jury candidate, Erickson rules on whether that person should advance to the next round.
Many of the potential jurors have become flustered when asked to explain answers in the survey, especially on the issue of the death penalty. Wrigley complained in court that Ney was using the ambiguity of some of the questions to "trip up" potential jurors. Ney said he was trying to clarify their answers.
"There's a reason we believe counsel keeps going back to these questions," Wrigley said in court Thursday. "It's because of the confusion."
One of the questions asks potential jurors to answer "yes" or "no" to nine statements meant to represent their feelings about the death penalty. Some potential jurors said there were too many thoughts in some statements.
One statement, for example, says: "I am personally, morally or religiously opposed to the death penalty, and would never vote to impose it, regardless of the facts and the law in the case."
Another question asks potential jurors if they "believe that the personal circumstances and background of the defendant should be taken into account" when deciding on the death penalty. The question is meant to find out whether potential jurors could consider so-called "mitigating" factors that could favor a sentence of life in prison. Ney said those factors could include childhood sexual abuse, psychological conditions and exposure to chemicals.
Instead, some candidates have interpreted the question to be asking whether they would hold Rodriguez's ethnic background or prior convictions against him.
David Lillehaug, a former federal prosecutor in Minnesota, said the survey of potential jurors should not be judged by a few confusing questions, especially when lawyers are able to interview the juror candidates.
"The mere fact that some questions on a jury questionnaire may turn out to be ambiguous cannot be fatal," Lillehaug said. "That's why the attorneys are given a chance to ask questions."
It's rare that lawyers have the opportunity to question potential jurors in federal cases, Lillehaug said.
Sjodin, 22, of Pequot Lakes, Minn., disappeared from the parking lot of a Grand Forks shopping mall in November 2003. Her body was found the following April near Crookston, where Rodriguez lived with his mother.
The case was moved to federal court after prosecutors said the crime took place across state lines. It's the first death penalty case in North Dakota in more than 100 years.
The pool of jury candidates was narrowed down to about 600 people before the trial started. That list is scheduled be cut to 70 people in the next three weeks, before the final panel of 12 jurors and four alternates is selected.
Eighteen people have been approved for the next round and more than 50 have been rejected. Erickson made some changes to speed up the interviews after just three candidates were approved in the first two days.
"At the beginning of every celebrated case, there's always some wrangling and some confusion in the jury selection," Lillehaug said. "It sounds like those moments have passed in this case. Things are proceeding in a fairly routine manner and it's headed toward a real-life jury."
Source: GrandForksHerald.com
www.grandforks.com/mld/grandforks/news/state/15042328.htm
Associated Press
FARGO, N.D. - A handful of the same questions from a 28-page survey keep popping up during interviews of jury candidates in the five-day-old trial of Alfonso Rodriguez Jr.
Rodriguez, 53, of Crookston, Minn., has pleaded not guilty to a charge of kidnapping resulting in the death of University of North Dakota student Dru Sjodin. Prosecutors have said they will seek the death penalty if he's convicted.
U.S. District Judge Ralph Erickson is leading interviews of potential jurors, but he's allowing U.S. Attorney Drew Wrigley and defense attorney Richard Ney to ask follow-up questions. If one of the lawyers objects to a jury candidate, Erickson rules on whether that person should advance to the next round.
Many of the potential jurors have become flustered when asked to explain answers in the survey, especially on the issue of the death penalty. Wrigley complained in court that Ney was using the ambiguity of some of the questions to "trip up" potential jurors. Ney said he was trying to clarify their answers.
"There's a reason we believe counsel keeps going back to these questions," Wrigley said in court Thursday. "It's because of the confusion."
One of the questions asks potential jurors to answer "yes" or "no" to nine statements meant to represent their feelings about the death penalty. Some potential jurors said there were too many thoughts in some statements.
One statement, for example, says: "I am personally, morally or religiously opposed to the death penalty, and would never vote to impose it, regardless of the facts and the law in the case."
Another question asks potential jurors if they "believe that the personal circumstances and background of the defendant should be taken into account" when deciding on the death penalty. The question is meant to find out whether potential jurors could consider so-called "mitigating" factors that could favor a sentence of life in prison. Ney said those factors could include childhood sexual abuse, psychological conditions and exposure to chemicals.
Instead, some candidates have interpreted the question to be asking whether they would hold Rodriguez's ethnic background or prior convictions against him.
David Lillehaug, a former federal prosecutor in Minnesota, said the survey of potential jurors should not be judged by a few confusing questions, especially when lawyers are able to interview the juror candidates.
"The mere fact that some questions on a jury questionnaire may turn out to be ambiguous cannot be fatal," Lillehaug said. "That's why the attorneys are given a chance to ask questions."
It's rare that lawyers have the opportunity to question potential jurors in federal cases, Lillehaug said.
Sjodin, 22, of Pequot Lakes, Minn., disappeared from the parking lot of a Grand Forks shopping mall in November 2003. Her body was found the following April near Crookston, where Rodriguez lived with his mother.
The case was moved to federal court after prosecutors said the crime took place across state lines. It's the first death penalty case in North Dakota in more than 100 years.
The pool of jury candidates was narrowed down to about 600 people before the trial started. That list is scheduled be cut to 70 people in the next three weeks, before the final panel of 12 jurors and four alternates is selected.
Eighteen people have been approved for the next round and more than 50 have been rejected. Erickson made some changes to speed up the interviews after just three candidates were approved in the first two days.
"At the beginning of every celebrated case, there's always some wrangling and some confusion in the jury selection," Lillehaug said. "It sounds like those moments have passed in this case. Things are proceeding in a fairly routine manner and it's headed toward a real-life jury."
Source: GrandForksHerald.com
www.grandforks.com/mld/grandforks/news/state/15042328.htm