[Deathpenalty] death penalty news----ILL., KAN., NEB., IDAHO, CALIF., USA

[Rick Halperin]

March 26




ILLINOIS:

Eduardo Lopez's "Natural Life" Vivifies a Condemned Woman


F. Scott Fitzgerald's observation that there are no second acts in American 
life has been refuted by innumerable comebacks of business titans, celebrities, 
politicians, and sports figures. Now, thanks to playwright Eduardo Ivan Lopez, 
Guinevere Garcia, who is none of those, is enjoying a third act through the 
world premiere of his off-Broadway play "Natural Life," at the T. Schreiber 
Theatre through April 2.

Garcia's 1st act was the misfortune of having been born Guinevere Swan into a 
poor and horrific Illinois family. By age 5 she was serially abused by an 
uncle; at 14 she was a street prostitute; and at age 21, she walked into a 
police station to confess that she had murdered her child, Sarah, and began 
serving a 10-year jail sentence.

Garcia's 2nd act began in 1994 when she was convicted of murdering her 
violently abusive husband, George Garcia, who unfortunately happened to be the 
brother of the chief of police of Cicero, Illinois. After a botched defense by 
a court-appointed neophyte lawyer, she was sentenced to death by lethal 
injection. Thus began a death penalty case that drew the attention of Bianca 
Jagger and Amnesty International, who petitioned for a commutation of the 
sentence from then Illinois governor Jim Edgar. The only problem? Garcia wanted 
nothing to do with their help. She wanted the state to put her to death and 
conveyed that through a close relationship with Carol Marin, a reporter and 
anchor for a local Chicago news station.

Garcia's 3rd act, as the thinly-veiled protagonist of "Natural Life," was 
seeded when Lopez became aware of the story in 1999 at an event in Pittsburgh 
at which Marin was honored with the Marie Torre Award. The award is named for 
the heroic newscaster and mother of Roma Torre, the present NY1 anchor and 
Lopez's spouse.

"I was fascinated by the story and I asked Carol Marin to put me in touch with 
Guin," recalled Lopez, an ex-Marine and author of several successful plays 
including "Lady With a View," "Spanish Eyes," and "Fireflies." After an initial 
4-hour meeting, the playwright won over a skeptical Garcia, who agreed to 
cooperate on only one condition: The collaboration had to be kept secret as it 
was against prison rules.

>From his correspondence with Garcia, which continues to this day, Lopez has 
created a fascinating portrait of 2 women in "Natural Life": One, now named 
Claire, is a battered woman who has consistently drawn an unlucky hand; the 
other, Rita, is a well-heeled and professional news reporter inexorably drawn 
into the life of her subject. While in real-life Marin remained objective as 
she reported on the story, Rita becomes an advocate for Claire, one of the few 
liberties taken by Lopez in what is essentially a docudrama.

"I told Guin that I wasn't out to champion her cause," said Lopez. "But I soon 
realized that she was bright, and smart, and a good person who'd had some tough 
breaks. People do horrendous things but she was still a human being and I 
wanted to tell that other side of her."

That humanity and empathy comes through in a 1st-rate production, directed by 
Jake Turner and starring Holly Heiser as Claire and Anna Holbrook as Rita. Most 
absorbing is how Lopez manages to interweave 3 different strands: Claire's 
harrowing back story; the satiric machinations of a newsroom fighting for 
ratings; and a political hot potato that has a governor worried about his 
re-election as he weighs a tough-on-crime reputation versus being responsible 
for the 1st state execution of a woman in 50 years.

"Edgar did commute Garcia's sentence to life imprisonment," said Lopez. "And 
lost his re-election."

As in the play, Garcia became despondent after the commutation and shortly 
thereafter tried to take her life by slitting her wrists with a broken light 
bulb. However, as she lay bleeding in her cell, she called for help. "She had 
become religious and was convinced that she was committing an act against God," 
said Lopez. "It was O.K. to be executed by the state but not to take your own 
life."

Now 57, Garcia is a model prisoner, said Lopez, who has studied law and has 
helped her fellow inmates. She is currently sentenced to remain incarcerated to 
the end of her natural life. The playwright said that if Garcia could petition 
for anything, it would be to be given a term sentence, whether it be 5 years or 
50 years.

"Whether it's out of reach or not, it gives her a simple hope," said Lopez. 
"That's all she wants now. Hope."

(source: blouinartinfo.com)






KANSAS:

Quadruple homicide trial----Attorneys prepare for death penalty phase with 2nd 
voir dire


Maban Wright, defense attorney for Kyle T. Flack - who is convicted of capital 
murder and other charges in relation with 4 spring 2013 killings west of Ottawa 
- references an exhibit submitted as evidence relating to DNA found on a 
12-gauge shotgun used in the murders during her closing arguments Wednesday 
morning at the Franklin County District Court.

Stephen Hunting, Franklin County attorney and lead prosecutor in Ottawa's 
ongoing murder trial, holds up a 12-guage shotgun presented as evidence to the 
jury during his closing arguments Wednesday morning at the Franklin County 
District Court, 301 S. Main St., Ottawa.

1 at a time, jurors were called into the courtroom and asked their stance on 
sentencing Kyle Flack to death.

Probing concluded after about 3 hours Thursday with the judge excusing 1 juror 
who was overwhelmed by the evidence from the 11-day trial in Franklin County 
District Court, 301 S. Main St., Ottawa.

"The image of the little girl is what has me," 1 of 12 jurors said.

Flack was convicted Wednesday of capital murder in the death of a mother and 
her 18-month-old daughter. He was also convicted of 2nd-degree murder and 
1st-degree murder in the deaths of 2 men as well as criminal possession of a 
firearm.

The jurors' answers were enough for Timothy Frieden, Flack's leading defense 
attorney, to request the 1 juror be dismissed for leaning too much toward 
potentially imposing the death penalty before hearing evidence during the 2nd 
phase.

"It would take some really extenuating circumstances for me to change my mind," 
the 7th juror said.

The 2nd voir dire is said to be the 1st of its kind in Kansas litigation. It 
preceded the penalty phase, which is required by Kansas law to determine 
whether someone convicted of capital murder will be sentenced to life 
imprisonment or the death penalty.

Franklin County District Judge Eric W. Godderz previously said the procedure 
would not be a waste of time if it helped the defense clarify Flack's chance at 
a fair sentence.

Godderz posed5 questions - agreed upon in meetings with attorneys - to the 
impaneled jury. He started with, "Now that the defendant has been found guilty 
of capital murder, do you believe the death penalty should be imposed without 
any further hearing and consideration of any aggravating or mitigating 
circumstances?"

The last question was, "Is there anything that you've heard during the trial 
including testimony, exhibits or arguments that causes you to have concern 
about your duties as a juror for the sentencing hearing in this matter?"

Other questions touched on the prosecution's aggravators, including Flack's 
prior felony conviction for attempted 2nd-degree murder in 2005.

Victor Braden, deputy Kansas attorney general, used his time to explain 
aggravators and mitigators, or the factors jurors will weigh based on life 
experiences to make up their minds.

Mitigators could include Flack's childhood, mental health evaluations and a 
previous adjustment to prison, Frieden said previously.

Frieden sought to know whether jurors could fairly consider a sentence of life 
without parole without him having to convince them. He said life imprisonment 
is the presumed sentence according to the law.

"If 1 of the mitigators outweighs the aggravators, will you be able to vote for 
life without parole?"

Jurors said they believed so, but Braden argued how could they know for sure 
without first hearing presentations. Out of the 12 jurors and 5 alternates, a 
few expressed it was difficult for them to answer the hypothetical questions.

"If you ask them now, they can't answer because they want to see more," Braden 
said.

Braden again objected to the process as well as excusing the juror.

"Blazing a new trial here, judge," Braden said at the start.

(source: Ottawa Herald)






NEBRASKA:

Hearing goes over last-minute details on eve of Garcia trial


Another pretrial hearing was held Friday afternoon for Dr. Anthony Garcia, 
charged in 4 Omaha murders.

The hearing included a review of how jury selection will be done when the trial 
start on April 4th. One hundred and twenty jurors will be called. A video 
orientation and slide show will be given with the judge's overview of how the 
death penalty works. Then they'll ask if anyone has objections to a court case 
that involved the death penalty. Judge Randall believes the death penalty still 
exists in Nebraska (the Legislature voted last May to override Gov. Ricketts 
veto of their vote to eliminate the death penalty, but a petition drive put the 
issue on the November general election ballot).

Dr. Garcia is accused of murdering Thomas Hunter and Shirlee Sherman in 2008 
and Dr. Roger Brumback and his wife Mary in 2013. Police believe Garcia sought 
revenge after doctors Brumback and William Hunter (Thomas' father) fired him in 
2001.

Also discussed was whether or not to exclude gun damage (a gun clip was found 
at Brumback house). Defense will file a motion that because damaged gun parts 
were found at the scene that were similar to ones Garcia owned, experts have 
told them these parts found are in most guns so they'd like the presentation of 
gun parts to be excluded as evidence.

Another item of discussion is the defense claim that dogs can't smell specific 
human scents. An expert provided by the state who helped coordinate the 
deployment of OPD dogs in 2014 has evidence that they can and he is pointing to 
points at the scene that show these dogs did identify a path in the Brumback's 
neighborhood.

Both sides meet again next Friday to do a walk-through of the chambers so they 
know where the trial will play out and the judge may rule then whether the gun 
evidence is admissible.

(source: WOWT news)






IDAHO:

Renfro wants to avoid death penalty


The man accused of killing a Coeur d'Alene police officer is now trying to 
avoid the death penalty.

Jonathan Renfro's defense attorney filed a motion to take the death penalty off 
the table Friday.

The Kootenai County Prosecutor's Office said it's a standard request in this 
type of case.

Renfro is set to stand trial on a 1st degree murder charge in September.

Renfro has admitted to police he killed Sergeant Greg Moore during a traffic 
stop in May 2015.

(source: KREM news)






CALIFORNIA:

Fresno lawyer';s secret could lead to new trial for death row inmate


For 2 decades, Keith Zon Doolin has been on California's death row, proclaiming 
his innocence in the shooting of 6 prostitutes in Fresno.

But now a Fresno lawyer who has never represented Doolin wants to provide 
information that could save Doolin from the executioner.

In a court declaration, attorney David Mugridge says his former client, 
Josefina Sonia Saldana, who committed suicide in 2001 after she was convicted 
of killing a pregnant woman, gave him information that could exonerate Doolin 
in one of his killings.

If true, then Doolin deserves a new trial or his freedom, says his appellate 
attorneys, Robert R. Bryan and Pamala Sayasane of San Francisco.

But Mugridge can't just tell what he knows.

In general, attorney-client privilege continues even after a client has died. 
The protection covers communications between a client and his or her attorney 
in connection with legal advice.

The U.S. Supreme Court tackled one aspect of it in 1998 when it ruled on 
Swidler & Berlin v. United States. The case arose from President Bill Clinton's 
firing of White House Travel Office employees. Vince Foster, the deputy White 
House counsel, had sought legal advice from attorney James Hamilton. 9 days 
after consulting with Hamilton, Foster committed suicide.

An independent counsel investigating Clinton caused a grand jury to issue a 
subpoena for Hamilton's handwritten notes. But the nation's high court ruled 
that the attorney-client privilege survived Foster's death; therefore, 
Hamilton's notes did not have to be produced.

The high court's ruling, however, did not tackle the sticky subject of whether 
a death row inmate's life is more important than the privilege.

Brenda Gonzalez, press secretary and community liaison for the California 
Department of Justice, which is representing the state in Doolin's appeals, 
said the agency does not comment on ongoing cases.

6 prostitutes shot in 10-month span

Doolin, now 43, was a long-haul Fresno truck driver with no criminal record 
before he was sentenced to death row in San Quentin State Prison in 1996 for 
shooting 6 prostitutes between Nov. 2, 1994 and Sept. 19, 1995. Inez Espinoza 
and Peggy Tucker were killed. Alice Alva, Debbie Cruz, Marlene Mendibles and 
Stephanie Kachman were seriously wounded.

In January 2009, the California Supreme Court upheld Doolin's death sentence, 
ruling that each surviving victim identified Doolin as her assailant, and 
ballistics evidence established that Doolin's Firestar .45-caliber handgun was 
used to kill Espinoza and Tucker.

Doolin also was linked by shell casings found at Espinoza's and Kachman's crime 
scenes, the high court's ruling says, and tire impressions at Mendibles' and 
Espinoza's crime scenes were similar to the tread on his truck tires.

Mugridge's declaration involves the killing of 27-year-old Tucker, who was shot 
during the night of Sept. 19, 1995. Court records say her body was found in an 
alley behind Saldana's home on South Grace Street, north of Church Avenue and 
east of Golden State Boulevard.

In an interview this week, Mugridge said Doolin's legal team began asking him 
about Saldana's connection to Tucker in late December or early January. He gave 
them his declaration on Feb. 4.

In it, he says, "I have struggled about what to do with this predicament. As an 
attorney who has practiced for many years, I strongly believe in the rule of 
law. However, I also believe in doing what is right, and that includes doing 
whatever I can to ensure an innocent man is not wrongfully executed."

But there was a caveat: Mugridge said he told Sayasane and Bryan that he was 
"bound by attorney-client privilege from disclosing how I came upon this 
information or the nature of the evidence."

The only way he would divulge the information is "if a court directed me to do 
so," he said.

"If the court says yes, then I will hand it over to them," Mugridge said. "If 
the court says no, I will take it to my grave."

Saldana testified in Doolin's trial

Court records say Saldana, using the name Josefina Sonya Hernandez, testified 
in Doolin's trial in Fresno County Superior Court that she heard dogs barking, 
a gunshot and a loud voice saying: "Oh, my God, oh, my God."

However, she did not call police, according to her trial's transcript.

2 years later, Saldana was arrested and charged with killing Margarita Flores, 
who was e8 months pregnant. Police say Saldana lured Flores from her Fresno 
home with a promise of free baby furniture and diapers. After killing Flores, 
Saldana dismembered the body and scattered it in Southern California and 
Tijuana, Mexico.

I never had a chance.

Keith Zon Doolin about his trial

Saldana was arrested after bringing Flores' dead fetus to the hospital. Her 
alleged accomplice, Serafin Rodarte, 55, hanged himself inside a tiny room at 
Saldana's home on Sept. 22, 1998. His suicide note said: "She made me do it."

Saldana, 43, also died by hanging. She was found dead in her jail cell in March 
2001, leaving behind a red-lettered proclamation of innocence.

"Fresno, may God forgive you," Saldana wrote in lipstick on the wall. Another 
lipstick message addressed her 2 daughters: "Babies, I am no murderer. I love 
you."

There was other evidence presented at Doolin's highly publicized trial.

Prosecutor Dennis Cooper accused Doolin of picking up women for sex and then 
shooting them. Cooper also introduced evidence that Doolin once told an 
acquaintance that "prostitutes are dirty, sleazy and cheap and someone should 
remove them from Earth," according to court transcripts.

In addition, prosecution witnesses portrayed Doolin as a man who hated women 
because of a troubled relationship with his mother. But Doolin testified he 
loved his mother. He denied shooting anyone. He testified he was out of town or 
with relatives when the shootings happened.

Arguing for a new hearing

Bryan and Sayasane say Doolin has other valid legal reasons to ask for a new 
trial.

During his trial, Doolin complained to the judge, saying his court-appointed 
attorney, Rudy Petilla, was ill-prepared to mount a defense. Court records say 
Doolin asked trial judge James Quaschnick 3 times to replace Petilla, but the 
judge denied his motions.

"Of the many murder cases I have handled, the most troublesome are those 
involving innocence or an inept trial lawyer. In the Doolin case, we have 
both."----Robert R. Bryan, appellate attorney for Keith Zon Doolin

And on the day of the sentencing, Fresno attorney Katherine Hart appeared pro 
bono for Doolin, armed with declarations, legal motions and the transcript of a 
bankruptcy hearing that showed Petilla had committed fraud by borrowing money 
to finance his severe gambling habit, court records say. But Quaschnick denied 
Hart's request without explanation, court records say.

Quaschnick said Friday that Doolin received a fair trial and that the 
California Supreme Court concurred and has denied a lot of Doolin's issues.

Doolin himself apparently knew something was amiss during his trial.

Before he was sentenced to death, Doolin called The Bee, saying he wanted the 
death penalty - not because he wished to die but because he believed it was his 
only way get top-notch lawyers to defend him. A death sentence would guarantee 
him automatic appeals and representation by some of the state's finest lawyers, 
he explained. A life sentence would not.

"I never had a chance," Doolin, then 23, said by telephone from the Fresno 
County Jail.

Questioning the defense

In seeking a new trial, Doolin's appellate lawyers first challenged Fresno 
County's method of paying private defense attorneys $40,000, $60,000 or $80,000 
in death penalty cases, depending on the complexity. The amounts were set in an 
effort to hold down runaway costs associated with death penalty cases, court 
officials said. From that money, the lawyers had to pay for investigators and 
experts, as well as their own expenses.

To get the county contract, Petilla promised to spend $60,000 on investigators 
and expert witnesses and keep the remaining $20,000 as his retainer, court 
records show. But when court officials tallied the expenses after Doolin's 
conviction, they found that Petilla spent less than $9,000 on investigators and 
experts and kept $71,000 for himself.

Typically, death penalty cases take years before going to trial, and tens of 
thousands of dollars are spent on investigations and expert witnesses, 
according to Fresno lawyers who have litigated them. But court records say 
Petilla did Doolin's preliminary hearing within 2 weeks of his appointment and 
took it to trial within 60 days of the preliminary hearing. The records also 
say Petilla was in bankruptcy proceedings stemming from huge gambling debts 
only months before he accepted Doolin's case. He resigned from the California 
Bar in 2004 after allegations of misconduct in another case. Petilla died in 
December 2013 at age 73.

In their 2009 ruling, the Supreme Court justices agreed that paying a flat rate 
could cause attorneys to skimp on investigative services and expert witnesses. 
But Justices Ronald George, Marvin Baxter, Ming Chin, Carlos Moreno and Carol 
Corrigan rejected Doolin's appeal, ruling that "a mere possibility for 
misconduct is insufficient" to grant a new trial.

Dissenting Justices Joyce Kennard and Kathryn Werdegar said Fresno County's 
payment method gave lawyers incentive "to spend as little as possible on the 
defense ... to pocket more money."

"That is what happened here," the 2 justices wrote.

Fresno County no longer uses this payment plan; expenses for investigators and 
experts come out of a separate fund.

After the high court's ruling, Doolin's appellate lawyers attempting to get a 
new trial continued to criticize Petilla but also challenged the prosecution's 
evidence.

In Doolin's October 2011 petition to the California Supreme Court, appellate 
lawyers say Petilla failed to hire a ballistic expert to challenge the firearm 
testimony, which they claim lacked a scientific basis and therefore was 
unreliable and subjective. Petilla also didn't retain an expert to help him 
challenge the state's tire tread analysis or an expert on the reliability of 
eyewitness testimony since the surviving victims were high on heroin or other 
street drugs when they were shot, the appellate lawyers say.

In addition, Petilla failed to investigate whether another person had shot the 
victims.

Blue eyes, brown eyes

In January 2015, Bryan and Sayasane took over the representation of Doolin. 13 
months later they sent to the Supreme Court newly discovered evidence to the 
2011 petition that includes Mugridge's declaration and other evidence, such as 
Kachman telling police another man may have shot her, and Saldana's potential 
link to another killing - the June 1993 fatal shooting of Fresno prostitute 
Natalie Carrasco, whose body was discovered outside Saldana's home.

According to the 2016 supplemental petition, two weeks after Kachman was shot, 
police showed her several thousand photographs of suspects. Kachman then picked 
the photograph of a man who resembled Doolin. Kachman also told police that her 
assailant had blue eyes. The man she picked had blue eyes. Doolin has brown 
eyes.

I have struggled about what to do with this predicament.

Fresno defense lawyer David Mugridge, who says he has information that could 
save Keith Zon Doolin from the executioner - but so far is legally bound not to 
provide it

The petition also says Saldana went to Carrasco's funeral and became friends 
with her mother, Becky Carrasco. An unnamed Fresno police detective suspected 
Saldana had killed Natalie Carrasco, so the detective asked Becky Carrasco to 
"try and persuade Ms. Saldana to confess to her daughter's murder," the 
petition says. But before Carrasco could ask, Saldana committed suicide.

Bryan and Sayasane say the new evidence proves Petilla's defense was 
inadequate; he only called 2 expert witnesses to testify on Doolin's behalf to 
establish his guilt or innocence. In the penalty phase, which determined 
whether Doolin would receive the death penalty or life imprisonment, Petilla 
called 1 witness and submitted Doolin's school records, court records show.

It is unclear when the federal court in Fresno will rule on Doolin's 2011 
petition for a new trial or whether it will rule on the appellate lawyers' 
request to order Mugridge to divulge the information he got from Saldana. But 
Sayasane and Bryan say it would be a travesty of justice to keep Doolin on 
death row and not give him a new trial.

"Of the many murder cases I have handled, the most troublesome are those 
involving innocence or an inept trial lawyer," said Bryan, who has been 
practicing law since 1978. "In the Doolin case, we have both."

(source: Fresno Bee)

***************

Jurors split on death penalty in mid-Wilshire slaying case of MTV music 
coordinator


Jurors indicated they were split Friday on whether to recommend a death 
sentence or life in prison without the possibility of parole for a man 
convicted of the robbery-motivated murders of an MTV music coordinator and 
another man killed about a week apart in Los Angeles, but a judge told them to 
return to court to continue their deliberations.

Los Angeles Superior Court Judge Stephen A. Marcus noted that jurors sent out a 
note indicating that they were "unable to come to a unanimous decision" on what 
sentence to recommend for Jabaar Vincent Thomas and questioning whether life in 
prison without the possibility of parole is automatic if they don't reach a 
decision on the 31-year-old defendant's fate.

The jury's foreman told the judge that the panel's 1st vote in the penalty 
phase was 6-6, the 2nd vote was 7-5 and the 3rd vote was 8-4, without 
indicating which way jurors were leaning after about 1 1/2 days of 
deliberations.

"I'm going to ask you to come back tomorrow and try 1 more time," the judge 
said, urging jurors to "get a good night's sleep."

Marcus told jurors that he was not pressuring them to reach a verdict and 
explained that the sentence Thomas would face if they deadlock was "not for 
your consideration."

Thomas was convicted March 11 of the May 8, 2011, murder of Gabriel Ben-Meir, a 
30-year-old MTV music coordinator, near his mid-Wilshire apartment building and 
the April 30, 2011, shooting death of Marcelo Aragon, a 35-year- old father of 
2, in the Pico-Union area.

The same panel convicted him of 2 counts of 1st-degree murder and found true 
the special circumstance allegations of murder during the commission of a 
robbery or attempted robbery involving both victims and multiple murders, along 
with allegations that Thomas personally and intentionally discharged a shotgun.

Thomas also was convicted of 5 counts of robbery - 1 involving the attack on 
Ben-Meir - and 3 counts of attempted robbery - 1 involving the attack on Aragon 
- and 1 count of possession of a firearm by a felon. Jurors deadlocked on a 6th 
robbery charge.

The crimes occurred between April 29 and May 10, 2011.

Deputy District Attorney John McKinney urged jurors Tuesday to recommend that 
Thomas be executed for the "cold-blooded executions" of "random strangers."

"Both of these victims were executed without provocation," the prosecutor said 
in his closing argument, noting that Thomas had been released on parole from 
prison less than five months earlier for possession of a sawed- off shotgun.

Thomas interrupted the prosecutor's closing argument, yelling that he was 
"tired of sitting here and having my name slandered for something I didn't do." 
The judge warned Thomas outside the jury's presence not to make any more 
statements.

1 of Thomas' attorneys, Keith Bowman, told jurors Wednesday, "You've already 
dealt justice ... A life penalty for Mr. Thomas is not a pass."

Thomas' lawyer told the jury that it was the defense's belief that life 
imprisonment is "the appropriate sentence and death is not."

At a hearing today before jurors were brought back into the courtroom, Thomas 
said he did not want to be in the courtroom after the judge agreed that some 
kind of restraints should be placed on his hands - though they could be covered 
- as a result of an alleged threat to a sheriff's deputy in jail.

Marcus noted that Thomas had also brought 5 razor blades to the courthouse and 
been able at another point to "slip out" of his chains while in jail.

1 of Thomas' attorneys, James Banks, argued against the restraints, telling the 
judge that his client "has not had any problems here within the confines of the 
court." He said it would be prejudicial if the jury saw Thomas shackled.

"He's left me no choice," the judge said.

Thomas responded, "That's not going to work, your honor" before being led to a 
courtroom lockup where he was to listen to the proceedings. Marcus told jurors 
not to consider Thomas' absence from the hearing.

(source: lawesltmedia.com)






USA:

Feds oppose public defender's request to withdraw from Rodriguez case


Federal prosecutors in Fargo are strongly opposed to a request by defense 
attorneys to withdraw from the death penalty appeal of Alfonso Rodriguez Jr.

The Minnesota Federal Public Defender's office and two additional 
court-appointed attorneys have asked a federal judge to take them off the case. 
They say the switch is needed because of staffing changes in both the federal 
system and the Minnesota office.

Rodriguez is on death row for the 2003 murder and kidnapping of University of 
North Dakota student Dru Sjodin.

In court documents, the U.S. Attorney's office says changing defense lawyers 
would postpone the case for at least a year and impose a burden on the Sjodin 
family. They say there's no valid reason for a substitution, which could be 
seen as a "disguised delay tactic."

If the defense request is approved, Rodriguez's appeal would be transferred to 
a federal public defender's office in Pennsylvania, which has extensive 
experience in death penalty cases.

(source: KFGO news)