Berget Again Appealing His Death Sentence

PIERRE, S.D – The South Dakota Supreme Court will hear Rodney Scott Berget’s second appeal of his death sentence in argument scheduled for May 27, 2014. Berget was sentenced to death for the 2011 killing of Corrections Officer Ron Johnson during a failed attempt to escape from the Sioux Falls Penitentiary. Berget was serving a life sentence for attempted murder and an additional life sentence for raping a convenience store clerk.

“At trial the state presented substantial aggravating evidence demonstrating the heinousness of the crime as well as Berget’s extensive criminal history, hopeless chance of rehabilitation, and multiple attempts at escape. It is the State’s position that the trial court followed the Supreme Court instructions, and Berget is not entitled to further reopen the proceedings,” said Attorney General Marty Jackley.

In January of 2013, The South Dakota Supreme Court affirmed 11 issues including the appropriateness of the death sentence for Berget’s crime. However, the Court reversed the original sentence because the admission of statements Berget made to a psychiatrist violated Berget’s right against self-incrimination and remanded the case to the trial court for a limited re-sentencing and the opportunity for Berget to call the psychiatrist as a witness. At the re-sentencing, Berget did not call the psychiatrist as a witness and raised additional issues in relation to his son. The trial court then again sentenced Berget to death by lethal injection. Berget now appeals from the trial court’s re-imposition of a death sentence claiming that the court should have opened up the record to take additional evidence at the second sentencing proceeding.

The argument is scheduled for 1:00 p.m. at the Supreme Court’s chambers in the State Capitol Building.

This article is printed with the permission of the author(s). Opinions expressed herein are the sole responsibility of the article’s author(s), or of the person(s) or organization(s) quoted therein, and do not necessarily represent those of American Clarion or Dakota Voice LLC.

Comment Rules: Please confine comments to salient ones that add to the topic; Profanity is not allowed and will be deleted; Spam, copied statements and other material not comprised of the reader’s own opinion will be deleted.

Similar Posts:

• Murderer’s Rehearing Petitition Denied
• Justice Coming in South Dakota
• Execution Timeframe Set for Rodney Berget
• US Supreme Court Upholds Death Sentence of Child Rapist, Murderer
• SD Supreme Court Upholds Piper Death Sentence

Newswire articles originate from a variety of sources including wire services, press releases and more. Newswire pieces are written by a representative of the person or organization that is the subject or source of the article and are presented as informational statements about the subject discussed.

Newswire

View all articles by Newswire