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Thread: Rodney Scott Berget - South Dakota Execution - October 29, 2018

  1. #51
    Administrator Heidi's Avatar
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    Judge dismisses state's motion, says death row inmate Berget can keep attorney for appeals

    A judge has dismissed a motion from the state who argued death row inmate Rodney Berget needs a new attorney for his appeals process.

    The Argus Leader reports (http://argusne.ws/1FLEKnL) Judge Doug Hoffman ruled Berget could keep Jeff Larson as his lawyer. Larson represented Berget throughout his trial.

    Berget was sentenced to die this week for his role in killing a State Penitentiary guard. His execution is on hold.

    Assistant Attorney General Paul Swedlund argued that keeping Larson could create conflicts if Berget wants to claim he had poor representation.

    Larson said those claims were mute since Berget has never claimed to be dissatisfied and has always asked Larson to represent him.

    Hoffman agreed but said in his ruling that state law prohibits Berget from raising questions later about his representation.

    http://www.dailyjournal.net/view/sto...illing-Motion/
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  2. #52
    Senior Member CnCP Legend Mike's Avatar
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    Guard killer Rodney Berget due back in court

    One of two men convicted of killing a South Dakota State Penitentiary guard will be in court this morning.

    Rodney Berget has a short clause motions hearing before Judge Doug Hoffman.

    Berget and another prisoner, Eric Robert, killed Ronald Johnson during a prison escape attempt in 2011.

    Johnson was alone in an area where inmates work on projects when he was attacked. Robert put on Johnson’s uniform and tried to move a large box with Berget inside it toward the prison gate.

    They were caught before making it out of the prison.

    Robert was executed in 2012. A third inmate, Michael Nordman, was sentenced to life in prison for providing plastic wrap and a pipe used to kill Johnson.

    Berget was scheduled to be executed in May 2015. However, his executive was stayed. A new date has yet to be set.

    http://www.argusleader.com/story/new...ey=&autologin=
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #53
    Administrator Aaron's Avatar
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    Rodney Berget asks to withdraw execution appeal

    Convicted killer and death row inmate Rodney Berget sent a letter to the judge requesting to withdraw his appeal.

    Berget was in court Friday morning. He wrote in his letter to the judge that he wanted to discontinue his current habeas appeal, against the wishes of his attorneys.

    “I want this to be the last day I appear in court," he said.

    Attorney General Marty Jackley then proceeded to request a dismissal of the stay of execution in the case.

    Berget's attorney, Eric Schulte, disagreed with his client's decision, however, saying that “There is evidence that was uncovered that warrants additional investigation in this matter.”

    “I do not believe a defendant can consent to an unconstitutional execution," Schulte said.

    Berget’s attorney asked to review Berget’s functioning level to determine whether he is actually eligible for the death penalty.

    Jackley told the judge that there was no evidence that Berget isn’t capable of making a knowing decision.

    "What was asked today was an investigation of whether he is of sound mind and we took the position that he is," Jackley said after the hearing.

    Jackley was expected to speak with the media after the hearing. Watch it below.

    Berget and another prisoner, Eric Robert, killed guard Ronald Johnson during a prison escape attempt in 2011.

    Lynette Johnson, Ronald's widow, left the court in tears and yelled at Berget: "Why don't you just tell (attorneys) them to stop."

    The judge still has to rule on the request. Berget's attorney has 60 to 90 days to investigate whether Berget mentally and functionally qualifies for the death penalty or not.

    Johnson was alone in an area where inmates work on projects when he was attacked. Robert put on Johnson’s uniform and tried to move a large box with Berget inside it toward the prison gate.

    They were caught before making it out of the prison.

    Robert was executed in 2012. A third inmate, Michael Nordman, was sentenced to life in prison for providing plastic wrap and a pipe used to kill Johnson.

    Berget was scheduled to be executed in May 2015. However, his executive was stayed. A new date has yet to be set.

    http://www.argusleader.com/story/new...oday/90114134/
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  4. #54
    Senior Member CnCP Legend Mike's Avatar
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    Judge to decide on Berget's appeals by end of the month

    A circuit judge will decide by the end of the month whether or not to uphold a convicted killer and death row inmate's wishes to drop his death penalty appeal.

    Rodney Berget in August sent a letter to his judge requesting to withdraw his appeal despite the wishes of his attorney.

    Berget chose not to appear in circuit court Thursday morning in front of Judge Doug Hoffman for a hearing about his appeal.

    Berget’s attorney, Eric Schulte, again asked the judge to go against his client’s wishes to drop the appeal and give him additional time to determine his mental capacity. Schulte referenced an IQ test taken by Berget that show he is mentally diminished.

    “I think I would be remised if I don’t bring it to the court's attention,” Schulte said.

    Prosecutors countered by telling the judge that no evidence exists that show Berget wasn’t competent at the time of his offense or even now.

    http://www.argusleader.com/story/new...onth/95484844/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #55
    Senior Member CnCP Legend Mike's Avatar
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    Evaluation ordered for death row inmate

    A circuit judge on Friday said he wants the attorney for a killer and death row inmate to submit a report detailing his client’s mental disability.

    Judge Doug Hoffman wants to review the report before ruling on a motion filed by prosecutors to dismiss Rodney Berget’s death penalty appeal.

    Berget in August sent a letter to his judge requesting to withdraw his appeal despite the wishes of his attorney.

    His attorney, Eric Schulte, has argued at previous hearings that the judge should not rule on the motion until he’s had the time to determine if his client is mentally diminished.

    Prosecutors have contended that no evidence exist that shows Berget wasn’t competent at the time of his offense or even now.

    "It remains the State’s position that due process has been satisfied,” said Attorney General Marty Jackley in a statement. “Testing from throughout Berget’s life shows that he is a person of at least ordinary intelligence meeting both federal and state competency requirements. This is a serious and tragic matter, and the state will continue its efforts to move these proceedings forward in a timely fashion.”

    http://www.argusleader.com/story/new...mate/96265436/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  6. #56
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    Has anyone heard anything new on this guy? It's August for crying out loud.

  7. #57
    Senior Member CnCP Legend Mike's Avatar
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    Evidentiary Hearing Set For Rodney Berget Murder Case

    By Sydney Kern
    KDLT News

    CANTON, S.D. – A death penalty sentence is still up in the air for a convicted murderer. After a hearing today, a Lincoln County Judge is not convinced on whether Rodney Berget is mentally stable enough to be lawfully executed. Berget is one of two involved in the killing of prison guard Ronald Johnson during an escape attempt. The case has been going on for 6 years.

    With no immediate decision made, Johnson’s family left in tears.

    “When we go to court on this it puts the victim’s family through the tragedy all over again,” says South Dakota Attorney General Marty Jackley.

    What happened during the tragedy isn’t in question, and it’s because of the nature of the crime why Jackley and the state argues Berget is mentally stable.

    “They obtained a pipe in the prison, they were able to find a method to get into an officers uniform, they were able to get through a sally port, this is further evidence that [Berget] is not of sufficient nature of a mental disability,” says Jackley.

    But what happened after the murder and after the sentencing is why Judge Hoffman is still unsure. Berget issued a letter to Hoffman in August 2016 requesting he move forward with his sentence — the death penalty — rather than continue with his counsel’s decision to appeal.

    That led his lawyer, Eric Shulte, to question whether an execution would be constitutional. U.S. Supreme Court Law states if someone is intellectually disabled, they cannot be executed.

    Shulte hired an expert to study his mental state, and that expert came back showing an “issue of intellectual disability.” This is based off of past teacher concerns and a “borderline” below average IQ test.

    The state, too, brought in an expert, as well as 7 psychiatrists and 3 psychologists who evaluated and deemed Berget stable.

    “So it’s my position that based upon all the psychiatric information that Mr. Berget knew exactly what he was doing,” says Jackley.

    During the next hearing, which is set for Jan. 29, Judge Hoffman will hear from the experts and give attorney’s the chance to cross examine them.

    Berget did not show up in court Monday. His original execution date was set in May 2015. The other person involved in the crime, Eric Robert, was executed in October 2012.

    https://www.kdlt.com/2017/11/20/evid...t-murder-case/

  8. #58
    Senior Member CnCP Legend Mike's Avatar
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    State hopes to move forward with Berget capital sentence

    By Danielle Ferguson
    The Argus Leader

    Mental health experts and acquaintances of a man who pleaded guilty to killing a prison guard during an escape attempt will testify next week to the convicted killer's intellectual ability.

    The state hopes the court next week will dismiss habeas proceedings to move forward with carrying out a capital sentence for Rodney Berget, 55, who was sentenced to death for the 2011 killing of correctional officer Ronald "R.J." Johnson during a failed prison escape attempt. A habeas appeal is used to determine if a prisoner's imprisonment is lawful. Next week's hearing could take anywhere from two days to the whole week, depending on the length of testimonies.

    At a hearing in November 2017, Judge Doug Hoffmann heard attorneys debate over Berget's mental status and determined the court needed more time to decide if he was fit for the death penalty, and scheduled another competency hearing that will start Jan. 29.

    Berget's attorney Eric Schulte at the November 2017 hearing said it was his job to ensure a person with an intellectual disability was not executed, as doing so would be unconstitutional.

    "If there was a 12- or 13-year-old who wanted to be executed, the court would bar that," Schulte said in November.

    Berget had asked to appeal the death penalty verdict in August 2016 but later withdrew it. Schulte had disagreed with the decision and told a judge in September 2016 he wanted to check Berget's intellectual capability.

    Berget last year sent a letter to the court saying he wants his death sentence to be completed because he was worried the death penalty will be repealed in South Dakota and that he didn't want to spend another 30 years behind bars.

    Past IQ tests have shown “borderline” results of "average" intelligence levels for Berget. He was given an IQ test in 1971 and received a score of 70, which is considered "borderline" below average.

    At the time of the escape attempt, Berget was serving two life sentences for attempted murder and for raping a convenience store clerk.

    Berget and another prisoner, Eric Robert, killed Johnson during an escape attempt in 2011.

    Johnson was working alone in an area where inmates do projects. Robert put on Johnson's uniform and tried to move a large box with Berget inside it toward the prison gate. The two were caught before leaving the prison. Robert was executed in 2012 after pleading guilty.

    http://www.argusleader.com/story/new...ce/1069733001/

  9. #59
    Administrator Heidi's Avatar
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    Judge upholds death penalty sentence for Rodney Berget

    A Minnehaha County judge decided Thursday that a man who pleaded guilty to killing a correctional officer during an escape attempt does not have an intellectual disability and can face the death penalty.

    Rodney Berget, 55, pleaded guilty in April 2012, to killing Ronald "R.J." Johnson in a failed prison escape attempt in April 2011 with fellow inmate Eric Robert. He was scheduled to face execution in May 2015, but his execution was stayed.

    In a hearing this week, psychological experts and some of Berget's elementary school teachers and previous romantic interests testified about their experiences and opinions on Berget's functioning. A recording of an interview with a biographer interested in writing about Berget was played in court Wednesday.

    Berget had tried to appeal the death penalty ruling, but later asked to withdraw the appeal against the wishes of his attorney.

    Berget's attorney, Eric Schulte, told the judge he wanted to review Berget’s functionality and mental capacity to see if he is even eligible for the death penalty.

    Since then, attorneys have dug in deep to Berget's past to bring evidence on whether Berget has an intellectual disability.

    Attorney General Marty Jackley has said since the appeal that he does not think Berget has an intellectual disability.

    http://www.argusleader.com/story/new...et/1086587001/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  10. #60
    Administrator Heidi's Avatar
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    Related

    Judge Denies Motion For Ronald Johnson's Uniform

    The wife of a correctional officer killed by inmates has been denied a motion to have her husband's uniform back.

    Lynette Johnson made an emotional plea to a judge in a Minnehaha County Courtroom Wednesday morning.

    The judge denied the motion saying the evidence cannot be turned over because the case involving Rodney Berget is not complete.

    Berget is one of three inmates involved in the murder of Correctional Officer Ronald 'R.J.' Johnson in 2011.

    Eric Robert has already been executed for his role in the crime.

    A judge has ruled Berget is also eligible to face the death penalty.

    https://www.keloland.com/news/local-...orm/1309528154
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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