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

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


    Correctional Officer Ron Johnson





    State still weighing death penalty for SD inmate

    The deadline has been extended for South Dakota prosecutors to decide whether they'll seek the death penalty for an inmate charged with supplying the materials used in the killing of a state penitentiary guard.

    Judge Bradley Zell says prosecutors now have until Nov. 30 to file notice if they decide to seek the death penalty for 47-year-old Michael Nordman. The deadline had been Oct. 31.

    Prosecutors allege Nordman supplied a metal pipe and plastic wrap used in the April killing of 63-year-old Ronald Johnson.

    Authorities say 49-year-olds Eric Robert and Rodney Berget used the materials to kill Johnson in a failed escape attempt.

    Robert pleaded guilty to the killing and was sentenced to death last week. Berget has pleaded not guilty. He also faces the death penalty if convicted.

    http://rapidcityjournal.com/news/sta...#ixzz1cZc07SyA

    Note: Rodney Berget's brother, Roger James Berget, was executed by the State of Oklahoma on June 8, 2000.

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    Inmates in guard killing to appear in court

    SIOUX FALLS -- Two inmates who have pleaded not guilty to killing a South Dakota prison guard are scheduled to appear in a Minnehaha County courtroom to discuss the next steps in their trials.

    Forty-nine-year-old Rodney Berget and 47-year-old Michael Nordman are scheduled to appear before Judge Bradley Zell Thursday afternoon. The men are charged in the April 12 slaying of 63-year-old Ronald Johnson.

    Prosecutors say Berget and 49-year-old Eric Robert used a pipe and plastic wrap to kill Johnson in a failed escape attempt. Authorities say Nordman supplied the materials.

    Berget faces the death penalty and is scheduled to go to trial Jan. 30. Prosecutors have not said whether they will seek the death penalty for Nordman.

    Robert pleaded guilty and was sentenced to death. His execution is set for May.

    http://rapidcityjournal.com/news/inm...#ixzz1dypEnDXb

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    Inmate Pleads Guilty in SD Prison Guard Killing

    A second inmate accused of killing a South Dakota prison guard during an escape attempt has changed his plea to guilty.

    Forty-nine-year-old Rodney Berget pleaded guilty Thursday to first-degree murder.

    Authorities say Berget and another inmate, 49-year-old Eric Robert, attacked and killed corrections officer Ronald Johnson on April 12 in a work area at the South Dakota State Penitentiary and used his uniform as they tried to escape. It was Johnson's 63rd birthday.

    Berget said in court that he planned to steal a uniform a day earlier, but there were too many people around. Both inmates were apprehended before leaving the grounds.

    Berget said he understood that by pleading guilty, he could face the death penalty. Robert changed his plea to guilty in September and was sentenced to death.

    http://abcnews.go.com/US/wireStory/i...7#.TsWhXHJFvqE

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    State Still Weighing Death Penalty For Prison Murder

    SIOUX FALLS, SD - Prosecutors have not decided if they will seek the death penalty for an inmate charged with supplying the materials used in the April killing of a state penitentiary guard.

    Judge Bradley Zell had set a Wednesday deadline for prosecutors to file notice if they decided to seek the death penalty for 47-year-old Michael Nordman. But Attorney General Marty Jackley said on Tuesday that lawyers on both sides are still in discussions and the matter has been continued. He says there is no time frame for when a decision will be made.

    Prosecutors allege Nordman supplied a metal pipe and plastic wrap used by Eric Robert and Rodney Berget to kill Ronald Johnson. Robert was sentenced to death last month. Berget will be sentenced in January.

    http://www.keloland.com/News/NewsDet....cfm?Id=124234

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    2 inmates charged in killing of South Dakota penitentiary guard to appear in court Wednesday

    Two inmates who have been charged in connection with the killing of a South Dakota prison guard are scheduled to appear in a Minnehaha County courtroom to discuss the next steps in their cases.

    Forty-nine-year-old Rodney Berget and 47-year-old Michael Nordman are scheduled to appear before Judge Bradley Zell Wednesday afternoon at 1:30 p.m. Berget has acknowledged attacking 63-year-old Ronald Johnson in an unsuccessful escape attempt with 49-year-old Eric Robert. Robert pleaded guilty and has been sentenced to death.

    Berget faces the death penalty when his pre-sentencing hearing begins Jan. 30.

    Prosecutors say Nordman supplied the materials to Berget and Robert. He has pleaded not guilty, and prosecutors have not said whether they will seek the death penalty against Nordman.

    http://www.therepublic.com/view/stor...Guard-Killing/

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    Debate sets up death phase of penitentiary guard slaying trial

    Lawyers on both sides in the capital murder case of inmate Rodney Berget hammered out final details Wednesday in the run-up to the weeklong hearing that will determine whether he lives or dies.

    Berget pleaded guilty to first-degree murder on Nov. 17, less than a month after co-defendant Eric Robert was sentenced to death for the same crime.

    The men, both 49, were captured at the South Dakota State Penitentiary’s west gate April 12 after beating corrections officer Ron “R.J.” Johnson to death with a metal pipe in the prison industries building.

    It was Johnson’s 63rd birthday, and he was covering someone else’s shift that morning. Robert was sentenced to death on Oct. 27 after hours of testimony that week from corrections officers, victims of Robert’s previous crimes and members of Johnson’s family.

    Like Robert, Berget has opted to allow Judge Brad Zell alone to decide whether he deserves the death penalty. Berget has a right to a separate jury trial on the penalty phase of his case. Twelve jurors would have to agree on a sentence of death to be imposed.

    The alternative penalty for first-degree murder is life in prison without the possibility of parole. Berget already was serving a life sentence for a 2002 kidnapping and attempted murder when the escape attempt took place last spring.

    Much of the discussion in court Wednesday was about what should be allowed in court during Berget’s pre-sentence hearing, which starts Jan. 30.

    Attorney General Marty Jackley plans talk about a Meade County rape case and a Lawrence County kidnapping and attempted murder as proof of Berget’s future dangerousness. He also wants to talk about Berget’s six previous escape attempts.

    Berget’s lawyer, Jeff Larson, unsuccessfully argued to block that evidence. Prior wrongdoing in Berget’s case is too old to be relevant in determining his character, Larson said.

    “You can’t point to one incident of untruthfulness and say that a person is a liar,” he said.

    One of Berget’s escape attempts, Larson said, involved him walking away from a juvenile detention facility in Plankinton at age 15.

    Jackley countered that he intends to show a pattern of behavior.

    “A half-dozen escape attempts (speaks to) future dangerousness,” Jackley said.

    Zell rejected the defense’s motion to exclude evidence of prior bad acts, and also rejected attempts to limit the scope of victim statements.

    Zell said, he plans to give any evidence the weight he feels it deserves without pre-empting broad categories of information.

    “The state will still be required to show the relevancy of anything that’s presented,” Zell said.

    The pre-sentence hearing for Berget will begin at 9 a.m. Jan. 30.

    A third inmate, Michael Nordman, 47, has been charged with first-degree murder. He is accused of aiding and abetting in Johnson’s killing. Nordman is accused of trading the metal pipe used to kill Johnson for a shank. Investigators found the pipe at his work station in the prison industries building.

    http://www.argusleader.com/article/2...-slaying-trial

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    Sentencing for Rodney Berget to start this week

    A Minnehaha County judge will decide whether Rodney Berget will receive the death penalty. Berget's sentencing phase begins Monday. In November he pleaded guilty to killing correctional Officer Ronald Johnson last April.

    We sat down with South Dakota Attorney General Marty Jackley and he told us a little bit about what we can expect during Rodney Berget's sentencing.

    Before we get to that, here's a little bit of history: Berget is one of three inmates accused of murdering Correctional Officer Ronald Johnson during an escape attempt at the South Dakota State Penitentiary last April.

    Berget and Eric Robert both pleaded guilty to their parts in the crime. Robert was sentenced to death by Judge Brad Zell in October. Now that same judge will preside over Rodney Berget's sentencing. Berget asked that he be sentenced by a judge as opposed to a jury.

    Attorney General Marty Jackley says we can expect a similar sentencing phase to that of Eric Robert. Jackley says we will hear expert and witness testimony. He says in order to secure the death penalty for Berget, the state must prove beyond a reasonable doubt that Berget is guilty of at least one of five aggravating factors in the crime and that death is the proper punishment.

    Jackley says there will be some differences when the state discusses Rodney Berget's criminal history. The Attorney General does expect a similar timeline though. He says, "it's public record that Mr. Berget was convicted of attempted murder in Lawrence County and kidnapping in Meade County, so certainly that part of the evidence will change, but overall, I would suspect the case should proceed for about a week."

    The third inmate, Michael Nordman, was charged in September with murdering Officer Johnson, months after Berget and Robert.

    The state says Nordman gave Berget and Robert the pipe and plastic wrap used to kill Johnson.

    So far Nordman maintains his innocence. He is expected to be back in court following Berget's sentencing.

    Berget's sentencing is set to begin Monday morning at nine in the Minnehaha County Courthouse.

    http://www.ksfy.com/story/16627248/s...tart-this-week

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    Defense lawyer says South Dakota inmate accused in guard's death is 'not a monster'

    A convicted kidnapper accused in the killing of a South Dakota prison guard is no monster, his attorney said today at a pre-sentencing hearing.

    Rodney Berget, 49, has pleaded guilty to killing Ronald "R.J." Johnson on April 12 - Johnson's birthday - during an escape attempt. Eric Robert, also 49, also pleaded guilty in Johnson's death and in October was sentenced to death.

    Both men waived their right to a jury trial.

    South Dakota Attorney General Marty Jackley said during opening statements that he would present five aggravating factors during the hearing, which is expected to last all week. Second Circuit Judge Bradley Zell must find at least one was present at the time of the killing to sentence Berget to death. He also can consider mitigating factors when making his decision.

    Defense lawyer Jeff Larson acknowledged during his opening statement that there were three aggravating factors present - that Berget had prior convictions, was a prisoner at the time of the killing and that Johnson was a corrections officer - but said he will present mitigating factors that show his client is "not a monster."

    Berget is serving life sentences for attempted murder and kidnapping.

    Johnson was working alone the morning of his death in a part of the prison known as Pheasantland Industries, where inmates work on upholstery, signs, custom furniture and other projects. Prosecutors said that after Johnson was assaulted, plastic wrap placed around his head and his uniform taken, Robert carted a large box toward the prison gate with Berget inside. Both inmates were apprehended before leaving the grounds.

    A third inmate, Michael Nordman, 47, is charged with supplying the pipe and plastic wrap used in the slaying. Prosecutors have not said if they will seek the death penalty for Nordman.

    The penitentiary made more than a dozen procedural changes less than a month after Johnson's killing, including adding officers to three areas of the prison and installing additional security cameras. Other changes outlined in a 28-page report released by the state in May included further restricting inmate traffic, strengthening perimeter fencing, improving lighting and mandating body alarm "panic buttons" for staff.

    http://www.twincities.com/ci_19852389

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    Berget Not First In Family To Face Death Penalty

    The defense had their turn to call witnesses in day three of Rodney Berget's pre-sentencing hearing.

    Berget will be sentenced by a judge for the role he played in the murder of correctional officer Ronald Johnson during a failed escape from prison. On Wednesday, three witnesses took the stand to try to tell the judge that rather than the death penalty; another life sentence would be more than enough.

    For the first time, the court heard background about Berget's life. According to a social history study by the defense, we learned Berget is not the first in his family to be facing the death penalty.

    The associate warden of the state penitentiary was the first to take the stand. He told the court that he is in charge of the housing for Berget as a maximum custody inmate. He told Attorney General Marty Jackley that he believes Berget is an escape risk and addressed the 24 rule infractions Berget has committed since January of 2000.

    "Are all of those infractions minor or are there some major infractions?” asked Jackley.

    “No there are some major infractions on here,” answered the warden.

    The defense clarified that none of Berget's rule infractions involved acts of violence against staff members or other inmates prior to Johnson’s murder.

    The defense's paralegal then told the court of Berget's social history report. She told the judge that Berget's older brother, Roger, had also been in trouble with the law and had been executed in Oklahoma in the year 2000 for murder.

    The paralegal said she feels Berget is remorseful for what he had done to Ronald Johnson and his family. Jackley questioned Berget's remorse.

    "Has he ever written an apology letter to the widow of officer Johnson? Has he ever written an apology letter to the daughter of officer Johnson? Has he ever written an apology letter to the son of officer Johnson,” asked Jackley.

    The paralegal responded, “No.”

    Finally, the defense called the former principal at the state penitentiary that had Berget as a student.

    "If this court wants to make Rodney Berget suffer for what he did then give him a life sentence, because a death sentence will stop his suffering,” said the principal.

    Jackley reminded the court that Berget is currently serving two life sentences for attempted murder and rape.

    “Are you aware that Berget has plead guilty of killing a guard while serving those life sentences?” asked Jackley.

    “Yes I am,” responded the principal.

    Jackley turned to the judge and said, “You're honor, I have no further questions.”

    According to witness statements this morning, Berget was first put in the criminal system when he stole a car at 12 years old.

    Court will continue on Thursday morning. Berget's defense will call a forensic expert and Berget is expected to make a statement.

    http://www.kdlt.com/index.php?option...5083&Itemid=57

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    Inmate accused of killing guard tells judge he deserves death penalty

    A South Dakota inmate who has acknowledged killing a penitentiary guard during a failed escape attempt has told asked a judge that he deserves to be sentenced to death.

    Forty-nine-year-old Rodney Berget has pleaded guilty to killing Ronald Johnson on April 12 - Johnson's 63rd birthday - during a failed prison escape with fellow inmate Eric Robert.

    Berget told Second Circuit Judge Bradley Zell on Thursday that he took away a husband, father and grandfather and should be sentenced to death.

    Zell is weighing whether Berget should be sentenced to death for the crime.

    Prosecutors say Berget and Robert bashed Johnson with a pipe, covered his mouth with plastic wrap and wore the dead man's uniform in the escape attempt.

    Robert was sentenced to death in October.

    http://rapidcityjournal.com/news/inm...#ixzz1lF9xFpDR

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