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

  1. #21
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    State v. Berget

    Defendant, who was serving a life sentence in the South Dakota Penitentiary when he and another inmate assaulted a correctional officer, pled guilty to first-degree murder of the officer. Defendant waived his right to a jury determination of the appropriate sentence. After a pre-sentence hearing, the circuit court sentenced Defendant to death. Defendant appealed his sentence. The Supreme Court affirmed in all respects with one exception, holding (1) in selecting a sentence, the circuit court violated Defendant's right to be free from self-incrimination by improperly considering statements made by Defendant to a psychiatrist during a competency evaluation; and (2) the use of this statement was not harmless beyond a reasonable doubt. Remanded to the circuit court to conduct a sentencing without this error.
    South Dakota Supreme Court overturns death penalty for man convicted in prison guard’s killing

    The South Dakota Supreme Court has overturned a state prison inmate’s death sentence for the killing of a prison guard nearly two years ago.

    In an opinion released Thursday, the justices said Rodney Berget, 50, must get a new sentencing hearing because the circuit judge who sentenced him to die improperly considered a statement Berget made to a psychiatrist.

    The high court said it could not conclude that the use of the statement, in which Berget said he deserves the death penalty for taking Ronald “R.J” Johnson’s life and destroying a family, was harmless beyond a reasonable doubt.

    “This statement, while expressing Berget’s belief that he deserves the death penalty, does not touch on his motivation for pleading guilty,” Chief Justice David Gilbertson wrote.

    Berget pleaded guilty to killing Johnson on April 12, 2011 — the prison guard’s 63rd birthday — at the South Dakota State Penitentiary in Sioux Falls. Circuit Judge Bradley Zell of Sioux Falls sentenced Berget to death, and he appealed the sentence but not the conviction.

    Eric Robert, who also pleaded guilty in Johnson’s death, was sentenced to death and executed by lethal injection in October. A third inmate, Michael Nordman, was given a life sentence for providing materials used in the slaying.

    The high court said the circuit judge improperly considered the statement Berget made to Dr. David Bean during a competency evaluation, which was a violation of Berget’s right to be free from self-incrimination. Berget in the statement said he took away a father, a husband and a grandfather.

    “They’ll never see their father again or husband,” Berget is quoted as saying. “He will never walk through that door again. I made sure of that by my actions. I’m not going to beg the Court or ask the Court to spare my life. I believe I deserve the death penalty for what I’ve done.”

    The justices sent the case back to circuit court for resentencing without the use of or consideration of the doctor’s report, unless Berget opts to call Bean to testify.

    http://www.washingtonpost.com/nation...418_story.html
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  2. #22
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    AG requests new sentencing in guard killing

    Attorney General Marty Jackley has filed a motion requesting a new sentence hearing for an inmate who killed a senior corrections officer nearly two years ago.

    The South Dakota Supreme Court overturned the death sentence of 50-year-old Rodney Berget this week because statements pulled from a sealed psychiatric examination were noted in Judge Brad Zell’s verdict.

    The court ruled in favor of a death sentence on the majority of the issues raised by Berget on appeal, which included a challenge to the validity of statements from the victim’s family and questions about whether a death sentence for Berget’s crime was disproportionate when compared to the crimes of other South Dakotans on death row.

    Berget and another inmate named Eric Robert used a metal pipe and plastic wrap to murder Officer Ronald “R.J.” Johnson on his 63rd birthday, April 12, 2011. Both men pleaded guilty to first-degree murder and waived their right to a jury during sentencing. Robert was executed on Oct. 15, 2012.

    A third inmate, 48-year-old Michael Nordman, was given an additional life sentence for providing Robert and Berget with the pipe and plastic wrap. Nordman was serving a life sentence for rape at the time of the Johnson murder, but his movements within the prison have been severely restricted since his guilty plea to first-degree murder.

    Jackley’s motion for a new hearing asks that Berget be re-sentenced “at the earliest time convenient for the court and counsel” based on the existing record from the previous sentence hearing, which took place on year ago.

    The motion stipulates that statements Berget made to the psychiatrist would be stricken from the record unless the psychiatrist who wrote the sealed report is called to testify.

    http://www.argusleader.com/article/2...-guard-killing
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  3. #23
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    Berget Finds Son, Wants New Sentencing Hearing

    South Dakota death-row inmate Rodney Berget wants a new sentencing hearing so the relationship with his new-found son and grandchildren can be presented to a jury as evidence against execution.

    In court documents filed late last week, Berget’s attorneys say that on February 9, 2012, just three days after Berget was sentenced to death, two individuals came forward on behalf of Berget’s son. Documents say Berget’s 31-year-old son only found out who his real father is in ‘adulthood.’ Berget’s attorneys write that the death-row inmate has now established a ‘meaningful relationship’ with his son, daughter-in-law and two grandchildren.

    Berget is facing execution after killing Correctional Officer Ron ‘RJ’ Johnson during a failed prison escape in April 2011. The South Dakota Supreme Court recently asked that Berget be resentenced after finding the circuit court did not properly use statements Berget made during a psychiatric evaluation before the sentencing.

    Berget now wants a completely new hearing in front of a jury instead of just in front of a judge.

    South Dakota Attorney General Marty Jackley responded to the request Tuesday, saying Berget has already waived his rights to be sentenced in front of a jury.

    “If family and fatherhood was such a meaningful consideration to Berget, it should have deterred him from robbing RJ Johnson’s son and daughter of their father,” Jackley wrote in the response. “Where Berget sees redemptive mitigation evidence in this newfound-son scenario, the state sees only further aggravating evidence of selfishness and failure to accept his responsibilities in life.”

    http://www.keloland.com/newsdetail.c...ng-/?id=144386
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  4. #24
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    I think Berget's request is a waste of funds and should be denied.
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  5. #25
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    Attorney general says Berget's fatherhood no cause for new sentencing

    Attorney General Marty Jackley has asked a Minnehaha County judge to deny a death row inmate’s appeal for a jury sentencing, saying the inmate’s recently-cultivated interest in his illegitimate son does not justify a second chance at a life sentence.

    Rodney Berget, 50, pleaded guilty to the 2011 murder of Senior Corrections Officer Ronald “R.J.” Johnson and waived his right to a jury trial on the sentencing phase of his case.

    At his initial sentence hearing with Judge Brad Zell, he said he “deserve(d) the death penalty” for the murder. He later appealed to the state Supreme Court , arguing his sentence was disproportionate for the crime as compared to other death row inmates, and that Zell had failed to consider his case separately from his co-defendant, Eric Robert.

    Robert was put to death by lethal injection last October.

    The Supreme Court reversed Berget’s death sentence in January, denying that the sentence was disproportionate but affirming that Zell improperly considered a sealed psychiatrist’s report.

    Berget has now asked for a new sentencing hearing with a jury, arguing that his waiver of a jury trial was not voluntary or intelligent in light of his newfound relationship with his 31-year-old son, daughter-in-law and grandchildren.

    Jackley, who prosecuted the case against both Berget and Robert, has filed a response to the request for a jury trial.

    Jackley argues in his response brief that Berget’s failure to seek out his son until Feb. 12, 2012, is proof that his interest in parenting is self-serving.

    “It was not until six days after he was sentenced to death that Berget reached out to his son,” the brief says. “If family and fatherhood was such a meaningful consideration for Berget, it should have deterred him from robbing R.J. Johnson’s son and daughter of their father.”

    Jackley spokesperson Sara Rabern said the attorney general could not comment beyond the brief.

    Berget’s lawyer, Jeff Larson, has also requested that Judge Zell remove himself from the case for the purpose of re-sentencing. He initially made an informal request, but was denied. Judge Zell noted in an email that the Supreme Court had remanded Berget’s case to him for re-sentencing on the existing record, without considering the statements the inmate made to his psychiatrist, Dr. David Bean.

    The Supreme Court gave Larson the option of calling Dr. Bean to testify to supplement the record, but the Justices did not write an opinion that allows for a new sentence hearing, Zell wrote.

    “As a result, does Mr. Berget wish to offer the testimony of Dr. Bean? If yes, please contact the Court to set up a hearing for that limited purpose. If no, then please alert the Court of the same and the Court will re-sentence Mr. Berget on the existing record,” Zell wrote.

    Last week, Larson filed an official request for a change of judge.

    As Larson had argued unsuccessfully to the Supreme Court, he wrote that Zell’s consideration of Robert’s case first made him incapable of deciding Berget’s case fairly. Were Zell to accept Berget’s arguments against the death penalty, “he would have made factual findings contrary to those he made in Robert’s case, thus jeopardizing the sentence he had already imposed on Robert.”

    Zell’s emails, Jackley’s response to the jury request, and Larson’s request for a new judge were all filed Monday in Minnehaha County. No hearings have been set.

    Inmates Berget and Robert attacked Johnson on April 12, 2011, the officer’s 63rd birthday, killing him with a metal pipe and wrapping his head in plastic in the prison industries building. Robert then put on Johnson’s uniform and Berget climbed into a cardboard box atop a wheeled cart. The pair were caught at the prison’s west gate.

    http://www.argusleader.com/article/2...new-sentencing
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  6. #26
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    Court date set to hear pending motions in Berget death sentence

    The next court date is set for Rodney Berget, a man appealing his death sentence for his role in killing a prison guard at the South Dakota State Penitentiary.

    Berget pleaded guilty to being an accomplice to the murder of State Corrections Officer Ronald "RJ" Johnson on April 12, 2011. In February 2012, Berget and Eric Roberts were sentenced to death for the murder. Roberts was executed on October 15, 2012.

    Since Minnehaha County Judge Bradley Zell's ruling, Berget has made efforts to appeal his death sentence. In January, the South Dakota State Supreme Court overturned his sentence stating a psychologist's testimony was unfairly used against him in court. The high court asked Judge Zell to resentence Berget without considering that testimony.

    On January 22, 2013, Berget filed a petition for an additional hearing before the Supreme Court, claiming he misunderstood the law as it pertained to his case. The Supreme Court denied that request.

    In February, Berget filed paperwork asking for a new sentencing hearing, arguing that he should be allowed to present new evidence. Berget's new argument stems from his newfound relationship with his son.

    However, Attorney General Marty Jackley says this new relationship should not play a role in Berget's sentencing. In a statement to the high court, Jackley wrote:

    "If family and fatherhood was such a meaningful consideration to Berget, it should have deterred him from robbing RJ Johnson's son and daughter of their father. Where Berget sees redemptive mitigation evidence in this newfound-son scenario, the state sees only further aggravating evidence of selfishness and failure to accept his responsibilities in life."

    On Wednesday, the South Dakota Attorney General's Office issued an email stating that Berget will appear in court on Tuesday, April 16 to address all pending motions.

    http://www.ksfy.com/story/21872071/n...-rodney-berget
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  7. #27
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    S. Dakota inmate sentenced to death back in court; seeks sentencing hearing in front of jury

    A man sentenced to death for killing a prison guard is back in court Tuesday.

    Rodney Berget was sentenced to death last year for killing prison guard Ronald "RJ" Johnson in April 2011. But the state Supreme Court overturned Berget's death sentence earlier this year, ruling that the circuit judge improperly considered a statement Berget made to a psychiatrist.

    Berget now wants a completely new hearing in front of a jury. According to court documents, Berget's 31-year-old son only found out who his real father is as an adult, and the death-row inmate has now established a "meaningful relationship" with his son, daughter-in-law and two grandchildren. Berget wants to be present the relationship as evidence against execution.

    http://www.therepublic.com/view/stor...Killing-Appeal
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  8. #28
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    No new sentencing hearing for prison guard killer

    A South Dakota judge has denied a new sentencing hearing before a jury for a man sentenced to death for his role in the killing of a prison guard.

    Rodney Berget was convicted last year in the slaying of Ronald "RJ" Johnson in April 2011 during a bungled escape from the State Penitentiary. State Circuit Judge Brad Zell sentenced Berget to death, but the state Supreme Court overturned that sentence earlier this year and ruled that Zell improperly considered a statement Berget had made to a psychiatrist.

    Berget then sought a new sentencing hearing in front of a jury.

    Zell denied that request Tuesday, saying he will re-sentence Berget.

    Berget and Eric Robert both pleaded guilty in the slaying of Johnson. Prosecutors said the two bashed Johnson with a pipe and covered his mouth with plastic wrap during a failed escape on Johnson's 63rd birthday.

    Robert asked Zell to sentence him to death, and Zell found there was at least one aggravating factor to warrant the death penalty. A few months later, Berget appeared before Zell to be sentenced after waiving his right to a jury trial.

    Berget was serving life sentences for attempted murder and kidnapping when he tried to escape with Robert, who was serving 80 years for a kidnapping conviction. The two men attacked and killed Johnson, who was alone in a part of the prison where inmates work on upholstery, signs, custom furniture and other projects. Robert put on Johnson's uniform and tried to move a large box toward the prison gate with Berget inside. The inmates were caught before leaving the prison. A third inmate has been sentenced to life in prison for his involvement in the escape attempt.

    The prison made more than a dozen procedural changes after Johnson's death to improve security and safety. Johnson's widow, Lynette Johnson, has filed a wrongful death lawsuit against the state of South Dakota, the Department of Corrections and several DOC officials.

    Robert did not appeal his death sentence, and he was executed in October of last year.

    http://www.mysanantonio.com/news/cri...#ixzz2Qdw2aPD8
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  9. #29
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    Inmate sentenced to death in prison guard killing

    A South Dakota inmate was sentenced to death for the second time on Tuesday for his role in killing a prison guard during a failed prison escape two years ago.

    Rodney Berget, 50, was initially sentenced last year in the April 2011 slaying of Ronald "RJ" Johnson, who was killed on his 63rd birthday. The state Supreme Court overturned the sentence this year, ruling that Circuit Judge Brad Zell improperly considered a statement Berget made to a psychiatrist. Berget then sought a new sentencing hearing in front of a jury.

    But Zell denied that request and resentenced him to death, South Dakota Attorney General Marty Jackley said in a statement.

    Berget's lawyer, Jeff Larson, did not immediately return a message seeking comment.

    Berget and Eric Robert, 50, both pleaded guilty in Johnson's slaying. Prosecutors said the two struck Johnson with a pipe and covered his mouth with plastic wrap during a failed escape from the state prison in Sioux Falls.

    Robert had asked Zell to sentence him to death, and Zell found there was at least one aggravating factor to warrant the death penalty. Robert was executed in October. A few months after Robert's sentencing, Berget waived his right to a jury trial and appeared before Zell to be sentenced.

    Berget was serving life sentences for attempted murder and kidnapping when he tried to escape with Robert, who was serving 80 years for a kidnapping conviction.

    The two men attacked Johnson while he was alone in the prison in an area where inmates work on upholstery, signs, custom furniture and other projects. Robert put on Johnson's uniform and tried to move a large box, which Berget was inside, toward the prison gate. But the inmates were caught before leaving the prison.

    A third inmate was sentenced to life in prison for his involvement in the escape attempt.

    The prison made more than a dozen procedural changes after Johnson's death to improve security and safety. Johnson's widow, Lynette Johnson, has filed a wrongful death lawsuit against the state, the Department of Corrections and several DOC officials.

    http://rapidcityjournal.com/news/inm...a553e5fcc.html
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  10. #30
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    Berget Execution Date

    Attorney General Marty Jackley says convicted killer Rodney Berget will be executed in January. Jackley announced Monday that the warrant of execution has been issued for Berget.

    Berget is scheduled to be executed sometime during the week of Jan. 12 to Jan. 18. The warden of the South Dakota State Penitentiary will select the exact day and time.

    Berget pleaded guilty to killing prison guard Ronald Johnson during a botched prison escape in April 2011. He was sentenced to death.

    http://www.kotaradio.com/news.asp?eid=5002&ID=14030
    An uninformed opponent is a dangerous opponent.

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