FARGO, N.D. — Alfonso Rodriguez Jr. (search) was scheduled to appear in federal court in Fargo on Wednesday afternoon, the U.S. attorney's office said. Prosecutors planned a news conference afterward but declined comment until then.
The move means it's possible that Rodriguez, a convicted sex offender, would be eligible for the death penalty if convicted. Neither North Dakota nor Minnesota, where Sjodin's body was found last month, has the possibility of the death penalty in state court.
Rodriguez, 51, of Crookston, Minn., was arrested in December and has been in custody since on a state kidnapping charge. Federal authorities could increase the charge to kidnapping resulting in death, which carries the possibility of the death penalty.
Drew Wrigley, U.S. attorney for North Dakota, declined to comment.
Northeast Central District Judge Lawrence Jahnke has issued a gag order barring attorneys on both sides from talking about the state case.
Sjodin, 22, of Pequot Lakes, Minn., disappeared from a Grand Forks shopping mall parking lot on Nov. 22. Her body was found April 17, near a county road northwest of Crookston.
Federal charges have been expected because authorities believe Rodriguez crossed state lines while committing the crime.
http://www.foxnews.com/story/0,2933,119739,00.html
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