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By KRISTI EATON, Associated Press
SIOUX FALLS, S.D. (AP) _ A judge on Monday sentenced a South
Dakota inmate to death for killing a prison guard by bashing him
with a pipe and covering his mouth with plastic wrap during a
failed escape attempt.
Rodney Berget, 49, pleaded guilty in November to killing Ronald
"R.J." Johnson on April 12 - Johnson's birthday. His fellow
inmate, Eric Robert, 49, also pleaded guilty in Johnson's death and
in October was sentenced to death.
Both men waived their rights to jury trials.
Berget's lawyer described his client's childhood as one
dominated by alcoholism and violence, but Second Circuit Judge
Bradley Zell said any mitigating factors were outweighed by the
depravity of the crime.
``Mr. Berget, may God have mercy on your soul,'' Zell said
before sentencing Berget to die by lethal injection.
Zell had to find at least one of five aggravating factors
existed to warrant the death penalty: the death of a correctional
officer, the manner of death, where and why it occurred, and the
defendants' criminal background.
Berget was serving life sentences for attempted murder and
kidnapping. Prosecutors said during the pre-sentencing phase that
Berget had tried to escape several times before the April 12
incident.
He was first sent to the South Dakota State Penitentiary as a
teenager. Since then, his crimes have become increasing violent,
Zell said.
South Dakota Attorney General Marty Jackley said after the death
sentence was handed down that it was the only viable option.
``Rodney Berget has led a life of pain and destruction,''
Jackley said, surrounded by the family of Ronald Johnson. He said
Berget's sentence will act as a deterrent to other inmates who may
consider committing similar crimes.
He denied that by executing Berget, the state was simply
carrying out the inmate's wish to die.
Johnson's relatives have said they will not comment on the case
until a third inmate charged in the attack, Michael Nordman, is
brought to trial. 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.
Berget's lawyer, Jeff Larson, said during his opening statements
that his client is ``not a monster,'' and described how Berget had
been taken from his mother as a child and placed with his alcoholic
father who beat him. Berget is the second person in his family
sentenced to die. His older brother, Roger, was executed in 2000
for the 1985 killing of a 33-year-old man in Oklahoma.
In announcing the death sentence, Zell noted that Berget ``truly
did experience a crummy childhood'' and that he had ended up at the
State Penitentiary at a young age, but he said those facts do not
justify his ``extremely violent acts.''
``There are many people in this society that have had bad things
happen to them but yet have not chosen to live a life of crime or
to commit acts of violence on others,'' Zell said.
Larson left the courthouse after the verdict was read without
addressing media.
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 the two bashed Johnson's head with a pipe and
covered his mouth with plastic wrap, Robert put on the guard's
uniform and carted a large box toward the prison gate with Berget
inside. Both inmates were apprehended before leaving the grounds.
Jackley said Berget's execution should take place in six to
eight months after an automatic appeal to the South Dakota Supreme
Court takes place. Robert's execution is set for May.
The penitentiary made more than a dozen procedural changes soon
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.
___
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(Copyright 2012 by The Associated Press. All Rights Reserved.)
