By  Seamus McGraw

(Continued)

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Jury could be swayed by thoughts of Dru's last few moments of terror

But the defense, which has largely remained mum outside of the U.S. district courthouse in Fargo, is apparently hoping that the ambiguity over the precise spot where Dru drew her last breath may raise enough questions that jury may, if not acquit Rodriguez, at least fail to unanimously vote for the death penalty.

It is, however, a perilous strategy that easily could backfire. If McGee in his testimony later this week is able to convince the jury that Dru

 was alive for a period of time after her abduction, there is a danger that the jurors will focus not on the legal complexities of jurisdiction but instead on the terror and the pain that the pretty young co-ed suffered in her final moments, and those emotionally charged considerations could, in the end, lead them to be more likely to convict Rodriguez and recommend his execution.

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Contact Seamus McGraw at seamusm@ptd.net

Seamus McGraw

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