By  Seamus McGraw

(Continued)

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Rodriguez defense thus far focuses on jurisdiction

Particularly significant is the fact that McGee's assertion that Dru was kidnapped and then driven across the state line where she was raped and murdered could challenge what thus far has appeared to be the center pillar of the defense's strategy. Since the trial began, Rodriguez' lawyer has not directly challenged the prosecution's assertion that the 53-year-old convicted sex offender killed Dru. At least so far, the defense has focused on challenging the federal court's jurisdiction in the case, arguing that Rodriguez should be tried in state court, rather than in a U.S. district court. And Rodriguez has argued that in all likelihood, Dru died within minutes of her abduction in North Dakota. That's critical because while the federal government can carry out the death penalty in any jurisdiction, the state of North Dakota has not executed anyone in a century.

McGee's testimony could severely impede the defense strategy. In truth, the precise location of Dru's death has little legal impact. Under federal law, even if she were stabbed and strangled in North Dakota, the fact that the crime allegedly occurred as the result of a kidnapping and the fact that her body was then taken to another state means that the federal court could still claim jurisdiction, legal experts agree.

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Contact Seamus McGraw at seamusm@ptd.net

Seamus McGraw

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