Fargo, N.D. (AP) An attorney for Alfonso Rodriguez Junior has filed a motion for a new trial,claiming misconduct by prosecutors, racial bias and judicial error.

The 53-year-old Rodriguez, of Crookston, Minnesota, is facing the death penalty for the death of University of North Dakota student Dru Sjodin (shuh-DEEN'). He's scheduled to be sentenced January Fifth.

But first, Judge Ralph Erickson must rule on defense attorney Richard Ney's motion for a new trial. Ney filed a 60-page document yesterday alleging that prosecutors misled jurors, appealed to their emotions or misstated the law, and that Erickson failed to instruct jurors about the mistakes.

U-S Attorney Drew Wrigley says Ney might call it misconduct, but it's actually legal argument. He says prosecutors' arguments were based on fact and were appropriate under the law.

(Copyright 2006 by The Associated Press. All Rights Reserved.) APNP 11-21-06 0806CST | save this article / add to your favorites list