A confessed killer has been re-sentenced to death, but the case isn’t closed. South Dakota’s Supreme Court required a re-sentencing for Rodney Berget. Two years ago Berget took part in the murder of a corrections officer while trying to escape the state penitentiary.
Judge Brad Zell uses the word “hopeless” when addressing potential to rehabilitate Rodney Berget, and he says the gravity of the crime warrants death as punishment. Berget pleaded guilty to the spring 2011 killing of officer Ron "RJ" Johnson.
At Berget’s hearing in mid-April, the victim’s wife, Lynette Johnson, spoke briefly in support of decisions like denying the confessed murderer a new sentencing hearing.
" I’m very happy with Judge Zell, very happy with him. I’m just very happy with him in all of the decisions he’s made in the past," Lynette Johnson says. "It’s just upsetting to have to go through all of this again."
The legal battle isn’t over. The state’s Attorney General Marty Jackley says the next step is to request scheduling a week to carry out the death sentence. Jackley says Berget can still appeal some issues brought up in front of the trial judge, and the prisoner has an additional appeal in the state system. Berget could also appeal to the federal courts once he’s exhausted his options at the state level.
A press release from the Attorney General's office regarding the hearing includes words from Judge Zell.
Judge Zell stated in his opinion that upon consideration and review of the existing court record that “this Court finds pursuant to SDCL 23A-27-1 et. seq. that when weighing the seriousness of the crime, Murder in the First Degree; the hopeless chance of rehabilitating Berget inside the penal walls since Berget’s criminal behavior has escalated from non-violent behavior to extremely violent behavior making it more likely than not that Berget would probably hurt or kill again if given the opportunity; the lack of any deterring effect a punishment of life imprisonment would have on Berget and upon inmates similarly situated; and when weighing the mitigating circumstances presented and considered in this matter and finding they do not outweigh the aggravating circumstances of this crime, the only effective and reasonable retribution or punishment under the totality of circumstances in this matter is the imposition of the death penalty.”
Eric Robert also pleaded guilty to the corrections officer murder. He did not challenge his death sentence and died by lethal injection in October.