By  Seamus McGraw

(Continued)

advertisement

Defense expert says evidence of sex assault is ambiguous

Defense attorneys, who have so far never directly denied Rodriguez' involvement in the slaying, have challenged the federal court's jurisdiction in the case, arguing instead that Dru may have died within minutes of her abduction and that Rodriguez should be tried in a North Dakota state court where he would not face capital punishment.

But in his testimony Monday, McGee said that while he could not determine with absolute medical certainty where or precisely when or how Dru died, the evidence he reviewed indicated that she most likely died at or near the spot where her body was found.

Prosecutors have also alleged that the slaying was the direct result of a sexually motivated attack and to counter that, defense attorneys had sought to bar the medical examiner from testifying about the alleged sex assault.

Because no male DNA was found on Dru's decomposed body, McGee instead relied on enzyme tests, coupled with information gleaned from investigators, to make a determination about whether she had been sexually assaulted. Rodriguez' lawyers had sought to quash that portion of McGee's testimony, arguing that the science was less than clear.

But U.S. District Judge Ralph Erickson allowed it, along with separate testimony from a forensic scientist enlisted by the defense who argued the results of McGee's study were ambiguous.

But despite those questions, McGee told jurors that he believed that Dru had been sexually attacked and that "this lady's death is the result of a sexual assault."

If Rodriguez is convicted, a separate trial would be held to determine whether he should face the death penalty.

Previous Page

Dru Sjodin Full Coverage & Breaking News

Dru Sjodin Feature Story

See Discussion Forum

For more daily crime news