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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