Berget death sentence to be re-examined by Supreme Court - KOTA Territory News

Berget death sentence to be re-examined by Supreme Court

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Rodney Berget will have his death sentence re-examined next month by the state Supreme Court.
 
Arguments for the appeal of Berget's sentence are scheduled for October 1 in Sioux Falls.

Berget pled guilty to the April 2011 murder of prison guard Ron Johnson during an escape attempt.

The death sentence for his alleged partner, Eric Robert, has already been upheld by the state, and his execution is set for the week of October 14.

And though they're accused of working together, attorney general Marty Jackley said Berget's case needs to be determined on individual sets of circumstances.
 
"That he engaged in this horrific conduct, coupled with all of his escape attempts," said Jackley, "points to a justifiable reason for there to be the imposition of the death penalty."
 
At issue in the appeal will be whether or not the sentence is constitutional and whether it's excessive when compared to sentences in similar cases.

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