Rodriguez Lawyers Raise Questions About Rape Evidence

FARGO, N.D. (AP) -- Attorneys for a Minnesota man sentenced to death for killing a University of North Dakota student in 2003 are raising questions about evidence presented at trial that the student was raped.

Alfonso Rodriguez Jr. of Crookston, Minnesota, is appealing his conviction and sentence for kidnapping and killing Dru Sjodin, of Pequot Lakes, Minnesota.

In a court filing Tuesday, Rodriguez's attorneys argued that lab tests show that a medical examiner was "plainly and indisputably incorrect" in testifying Sjodin was raped.

The defense attorneys want to question the prosecutors who handled the case to determine whether they knew or should have known the testimony was flawed.

Assistant U.S. Attorney Keith Reisenauer tells KFGO radio that the government will review the motion and respond accordingly.