Judge: Intellectual disability can't be considered in new Alfonso Rodriguez Jr. trial

(Fargo, ND) -- A federal judge ruled intellectual disability cannot be used as a defense to argue against the death penalty. 

The ruling is particularly important to the trial of Alfonso Rodriguez Jr, who was convicted for kidnapping and killing of University of North Dakota student Dru Sjodin back in 2006. It was overruled by Judge Ralph Erickson late last year, you can read a summary here.

A new sentence for Rodriguez is being determined, but the judge has told the defense intellectual disability cannot be used or considered when determining whether Rodriguez is eligible for the death penalty.