- Associated Press - Thursday, December 29, 2016

FARGO, N.D. (AP) - Prosecutors in an appeal of the first federal death penalty case in North Dakota are asking a judge to let them interview a West Fargo attorney who helped defend Alfonso Rodriguez Jr. in the 2006 trial.

The Crookston, Minnesota man was sentenced to death for killing of University of North Dakota student Dru Sjodin (shuh-DEEN’), of Pequot Lakes, Minnesota. Rodriguez in 2011 filed what is considered his final appeal.

Prosecutors say defense attorney Robert Hoy has intimate knowledge of the case, especially issues pertaining to the autopsy. One of Rodriguez’s complaints is that his trial attorneys failed to properly challenge forensic evidence.

Prosecutors say Hoy isn’t responding to them about appearing for a deposition.

Hoy did not immediately respond to a request for comment.

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