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Thread: Roger James Berget - Oklahoma Execution - June 8, 2000

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    Roger James Berget - Oklahoma Execution - June 8, 2000




    Summary of Offense: On October 21, 1985, two hunters discovered the body of Rick Patterson in a wooded area near Interstate 40 and Rockwell. The 33-year-old Patterson, a math teacher at a local middle school, had been killed by a shotgun blast. His car was found burned in a field near Tulsa three days later. In August 1986, Berget was arrested by Del City and Midwest City police on robbery and burglary charges. Berget confessed to police that he and a friend had abducted and killed Patterson. Berget related that he and Mikell Smith decided to steal a car so that they could go riding around on October 19, 1985. They went to an Oklahoma City supermarket where they saw Rick Patterson walking toward a car. When Patterson opened the car, Berget forced him at gunpoint to slide over to the passenger's side. Smith got into the back seat.

    Berget drove the car to a deserted area of town, where the two men tied or taped Patterson's hands and mouth and then put him into the trunk of the car. Berget drove east on I-40 to an isolated place. When Berget and Smith opened the trunk, the men found that Patterson had freed his hands. They tied his hands behind his back, forced him to stand up next to a tree and then shot him. Fearing that Patterson was still alive and could crawl away, another shot was fired. Berget pled guilty to first-degree murder, although he recanted his confession to the extent of blaming his accomplice for actually killing Patterson. Berget also confessed to killing James Meadows in Hughes County. Both Berget and Smith received a death sentence, but Smith was successful on appeal in 1992 and his sentence was reduced to life in prison without parole when he agreed to plead guilty before retrial.

    Victim: Rick Patterson

    Time of Death: 12:12 a.m.

    Manner of execution: Lethal Injection

    Last Meal: Two bacon cheeseburgers, a large order of onion rings, extra large root beer and a pint of plain chocolate ice cream.

    Final Statement: Made no final statement

    Note: Roger Berget's brother, Rodney Berget, was executed by the State of South Dakota on October 29, 2018.




    Roger Berget - Executed June 8, 2000 (Information Compiled and Edited by Robert Peebles)

    Oklahoma executed Roger James Berget, 39, on June 8, 2000. Berget was pronounced dead at 12:12am. He was executed for the 1985 murder of Rick Lee Patterson, 33. Berget was the eighth man executed by Oklahoma in 2000 and the 27th man executed by the state since it resumed executions in 1990. He was also the 110th man executed in state history.

    Background

    On October 20, 1985, Rick Lee Patterson was abducted in a grocery store parking lot. Patterson, a 33-year-old Moore mathematics teacher, was found dead on October 21 by two hunters in a wooded area near Interstate 40 and Rockwell. Patterson's car was found burned in a field in north Tulsa on October 24. Nearly one year later, in August 1986, Scott M. Thornton, 22, and Roger James Berget, 25, were arrested by Del City and Midwest City police on complaints of robbery and burglary. While in custody, Berget was charged with the shotgun murder of Patterson. Mikel Patrick Smith, 21, was also charged with the murder. Smith was serving a prison sentence for a forgery conviction.

    According to police, on August 13, 1986, Berget admitted that he helped Smith abduct Patterson and took part in his murder. Oklahoma City police detective Bill Citty testified that Berget and Smith drove Patterson to a wooded area, where Smith shot Patterson twice with a shotgun. According to prosecutors, Patterson was abducted by Berget and Smith because they wanted to steal his car. Thornton also testified against Berget. He agreed to be a witness for the prosecution in exchange for the promise of a 25-year prison sentence outside of Oklahoma. Another witness, Donald Gene Wheeler, said Smith claimed to have shot Patterson first and that Berget then fired the second shot. This was so that Smith and Berget would not be able to snitch against each other.

    According to defense attorney Jim Rowan, then prosecutor Ray Elliot had offered six consecutive life sentences to Berget in exchange for a guilty plea. After Berget encountered Smith in the jail, he changed his mind and decided to testify on behalf of Smith. Rowan believed that Berget's decision was probably based on a fear of Smith. On January 23, 1987, Berget pleaded guilty to first-degree murder. Oklahoma County Judge John Amick sentenced Berget to death on March 12. After being sentenced to death, Berget sought to withdraw his guilty plea. Amick turned down the request.

    Between the date of Berget's guilty plea and his sentence, Berget testified in the murder trial of Smith. Contrary to his earlier statements to police, Berget testified that Smith was not even present when the murder occurred. Apparently the jurors did not believe Berget, as they found Smith guilty of first-degree murder and sentenced him to death. In 1992, the Oklahoma Court of Criminal Appeals granted a new trial to Smith due to several errors in his original trial. In 1995, District Judge Nancy Coats sentenced Smith to life without parole for the murder of Patterson in a closed hearing. Coats barred all spectators from the courtroom, apparently at the request of the Department of Corrections. Smith pleaded guilty to first-degree murder.

    Clemency Denied

    At 2:00pm on Tuesday, May 30, the Oklahoma Pardon and Parole Board held a clemency hearing for Roger Berget. Attorney Steve Presson represented Berget in the hearing. Presson stated in the hearing that clemency in Oklahoma seems impossible to obtain. He cited previous clemency hearings in which evidence of innocence, mental retardation, remorse, true rehabilitation, federal court recommendations — and even the pleadings of prison guards — had failed to persuade the Board to vote for clemency. Presson mentioned an article that appeared in the May 29 edition of the Daily Oklahoman about Oklahoma's clemency process. The article states, in part, "the outcome holds as much suspense as a Harlem Globetrotters game or an episode of 'The Lone Ranger.'"

    Prior to Berget's clemency hearing, 19 other inmates had gone through the clemency process in Oklahoma's current experiment with the death penalty. The Board has never voted in favor of clemency. Board member Flint Breckinridge stated that all of the Board members approached each clemency hearing with an open mind. Presson stated that the only time Berget claimed responsibility for the murder of Patterson was after he was confronted in jail by Smith. Presson also pointed out that while in prison Smith has killed another inmate, stabbed a guard and stabbed an inmate. While Berget has been on death row he has not received a single write-up. Presson said that it was obviously unfair that Berget was facing death while Smith was given a life sentence. Presson gave details of Berget's childhood. At the age of nine or ten, Berget's father kicked him of their house. He then lived in an abandoned house, where his mother would take him meals. When his father discovered what was occurring, he beat both the child and his mother, and then burned down the abandoned house.

    Jim Rowan, who had been Berget's defense attorney in 1987, stated that Berget had thrown himself on the mercy of the court, yet the judge had sentenced him to death. Rowan asked the Board to vote in favor of clemency for Berget, stating "We all want justice for somebody else, and mercy for ourselves." A pen pal of Berget's from the Netherlands also testified at the hearing. She asked the Board to break through the circle of hatred and vote in favor of clemency. Several members of Rick Patterson's family, including his father, brother and sister, also spoke at the clemency hearing. They discussed the pain of loss they have suffered due to his murder.

    Towards the end of the hearing, Berget was led into the room in chains. He sat down beside Presson and they whispered to each other briefly. Then Presson announced to the Board that Berget had changed his mind and no longer wished to make a presentation to the Board. Berget was then led out of the room. Board members Flint Breckinridge, Currie Ballard and Stephanie Chappelle — all appointees of Governor Frank Keating — voted against recommending clemency. Chairperson Susan Bussey, after a pause, voted in favor of clemency. Thus, clemency was denied 3-1. At this point only Governor Keating can grant a stay of execution. This is unprecedented and extremely unlikely.

    Vigils held across the State - Prayer vigils were held in 12 locations around the state.

    "Teacher's Murderer Executed." (June 9, 2000)

    McALESTER, Okla. (AP) -- A man convicted of killing a Moore Central Mid-High school teacher had nothing to say before he was executed early Thursday. Roger James Berget, 39, was pronounced dead at 12:12 a.m. after receiving a lethal dose of drugs at the Oklahoma State Penitentiary.

    The curtain went up on the execution chamber at 12:08 a.m. Berget lay quietly on the gurney with his short, scruffy beard and long dark hair. He answered with a quiet, "no, sir," when he was asked if he had a final statement. The execution was over quickly after he exhaled several raspy breathes. Berget pleaded guilty to murdering Rick Patterson along with co-defendant Mikell Smith after a carjacking from an Oklahoma City supermarket parking lot on Oct. 19, 1985. "It was easy -- way too easy," said Diane Newlin, Patterson's sister, after the execution was over. "They talk about a humane way to die. There was nothing humane with the way they killed my brother," said Rick Patterson's brother, Lloyd. "He had a smile on his face when he shut his eyes and he had a smile when they pronounced him dead."

    Berget and Smith forced Patterson into the trunk of his car and drove to a deserted area near Interstate 40 where they ordered him out of the car and shot him in the head with a 12-gauge shotgun. Berget pleaded guilty to first-degree murder, first-degree burglary and being a felon in possession of a firearm. He also confessed to killing James Meadows in Hughes County near Holdenville. It was the eighth execution this year and the 27th since the death penalty was reinstated in 1990.

    Earlier in the week, Patterson's colleagues and family remembered the slain teacher who died during a carjacking on Oct. 19, 1985. Patterson was popular with his students, other teachers and administration. He was described as an "excellent teacher" by his principals and aspired to be a principal himself someday. "It (his death) had so much impact and caused so much pain to so many people, especially his kids," said Lois Evans, the assistant principal at the mid-high when the murder occurred. Newlin, along with Patterson's father, brother, sister-in-law, and two nephews traveled from Ponca City to the penitentiary for the execution. Earlier in the afternoon, they said they would be getting some closure with Berget's execution, but not all because Berget's co-defendant, Smith's death sentence was appealed in 1992 and reduced to life in prison without parole.

    Oklahoma Attorney General Drew Edmondson said earlier he agreed with the jury's recommendation of a death sentence. "There were four aggravated circumstances, and the death penalty was assessed. I agree with the jury that it's appropriate in this case." Executions have been scheduled for William Clifford Bryson on June 15, and Gregg Francis Braun on July 20.

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    2 brothers sentenced to death in separate states

    SIOUX FALLS, S.D. (AP) — Rodney Berget lives in a single cell on South Dakota's death row, rarely leaving the tiny room where he awaits execution for bludgeoning a prison guard to death with a pipe during an attempted escape.

    For Berget's immediate family, his fate is somewhat familiar. He is the second member of the clan to be sentenced to death. His older brother was convicted in 1987 of killing a man for his car. Roger Berget spent 13 years on Oklahoma's death row until his execution in 2000 at age 39.

    The Bergets are not the first pair of siblings to be condemned. Record books reveal at least three cases of brothers who conspired to commit crimes and both got the death penalty. But these two stand out because their crimes were separated by more than 600 miles and 25 years.

    "To have it in different states in different crimes is some sort of commentary on the family there," said Richard Dieter, executive director of the Death Penalty Information Center, which tracks death penalty trends.

    The siblings' journey from the poverty of their South Dakota childhood to stormy, crime-ridden adult lives shows the far-reaching effects of a damaged upbringing — and the years of havoc wrought by two men who developed what the courts called a wanton disregard for human life.

    Rodney Berget is scheduled to die later this year, potentially ending the odyssey that began when the two boys were born into a family that already had four kids.

    A former prison principal described Rodney as a "throwaway kid" who never had a chance at a productive life. A lawyer for Roger recalled him as an "ugly duckling" with little family support.

    The boys were born after the family moved from their failed farm in rural South Dakota to Aberdeen, a city about 20 miles away. Roger arrived in 1960. Rodney came along two years later.

    His farming dreams dashed, patriarch Benford Berget went to work for the state highway department. Rosemary Berget took a night job as a bar manager at the local Holiday Inn.

    The loss of the farm and the new city life seemed to strain the family and the couple's marriage. When the family moved to town, "things kind of fell apart," Bonnie Engelhart, the eldest Berget sibling, testified in 1987.

    Benford Berget, away on business, was rarely around. When he was home, he drank and become physically abusive, lawyers for the brothers later said.

    By the 1970s, the couple divorced, and Roger and Rodney started getting into trouble. Roger skipped school. Rodney started stealing. Soon, they were taking cars. Both went to prison for the first time as teens.

    Roger Berget enjoyed a rare period of freedom in 1982 and met a woman while hitchhiking. The two started a relationship, and the woman gave birth to a child the next year. But Roger didn't get to see his son often because he was soon behind bars again, this time in Oklahoma. And for a far more sinister crime.

    Roger and a friend named Michael Smith had decided to steal a random car from outside an Oklahoma City grocery store. The two men spotted 33-year-old Rick Patterson leaving the store on an October night in 1985. After abducting him at gunpoint, they put Patterson in the trunk and concluded he would have to be killed to prevent him from identifying his captors.

    They drove the car to a deserted spot outside the city and shot Patterson in the back of the head and neck, blowing away the lower half of his face.

    A year later, Berget pleaded guilty to first-degree murder and was sentenced to death on March 12, 1987. An appeals court threw out a death sentence for Smith, who was later sentenced to life in prison without parole.

    Less than three months after Roger was sentenced to death, Rodney Berget, then 25 and serving time for grand theft and escape, joined five other inmates in breaking out of the South Dakota State Penitentiary in Sioux Falls.

    The men greased their bodies with lotion, slipped through a hole in an air vent and then cut through window bars in an auto body shop at the prison. Berget was a fugitive for more than a month.

    Thirteen years passed before Roger Berget was executed by lethal injection on June 8, 2000. His younger brother was still in prison in South Dakota.

    Then in 2002, the younger Berget was released. His sister and her husband threw Rodney his first-ever birthday party when he turned 40.

    But the good days were numbered because a year later, he was sentenced to life in prison for attempted murder and kidnapping. He headed back to the South Dakota State Penitentiary — this time for good.

    Then Rodney got to talking with a fellow inmate named Eric Robert about a goal they shared: to escape — or die trying.

    The plan was months in the making. The inmates figured they would corner a solitary guard — any guard would do — and beat him with a pipe before covering his face with plastic wrap.

    Once the guard was dead, Robert would put on the dead man's uniform and push a box with Berget inside as the prison gates opened for a daily delivery. The two would slip through the walls unnoticed.

    On the morning of April 12, 2011, the timing seemed perfect. Ronald "R.J." Johnson was alone in a part of the prison where inmates work on upholstery, signs, custom furniture and other projects. Johnson wasn't supposed to be working that day — it was his 63rd birthday. But he agreed to come in because of a scheduling change.

    After attacking Johnson, Robert and Berget made it outside one gate. But they were stopped by another guard before they could complete their escape through the second gate. Both pleaded guilty.

    In a statement to a judge, Rodney acknowledged he deserved to die.

    "I knew what I was doing, and I continued to do it," Berget said. "I destroyed a family. I took away a father, a husband, a grandpa."

    His execution, scheduled for September, is likely to be delayed to allow the State Supreme Court time to conduct a mandatory review.

    Rodney Berget's lawyer, Jeff Larson, has declined to comment on the case outside of court. Rodney did not respond to letters sent to the penitentiary.

    The few members of the Berget family who survive are reluctant to talk about how seemingly normal boys turned into petty criminals and then into convicted killers of the rarest kind: brothers sentenced to death.

    Dieter, of the Death Penalty Information Center, said some families of the condemned remain involved in appeals. But others see no reason to preserve connections.

    "There's no light at the end of it," he said. "What happens at the end is execution."

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