Hearing Scheduled in Motion for Rodriguez Appeal

FARGO, N.D. (AP) - Federal prosecutors want the notes of mental health professionals who examined a man convicted of killing of a University of North Dakota student more than nine years ago.

Alfonso Rodriguez Jr., of Crookston, Minn., was sentenced to death after a jury found him guilty of raping, beating and stabbing Dru Sjodin of Pequot Lakes, Minn., in 2003.

Defense attorneys in October 2011 filed a federal habeas corpus motion, considered the last step in the appeals process. The 298-page document claims, among other things, that Rodriguez is mentally disabled and his trial team was ineffective.

Prosecutors have filed a motion asking for results from several mental health examinations. Defense attorneys say the government has the notes it needs.

A hearing on the motion is scheduled Tuesday in Fargo.