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Published January 04, 2013, 10:21 AM

SD AG requests new sentencing hearing for prison guard killer

PIERRE (AP) — South Dakota Attorney General Marty Jackley has asked the 2nd Judicial Circuit to schedule a resentencing hearing for a man who helped kill a guard at the State Penitentiary in Sioux Falls.

  • Rodney Berget
    • image
    In this April 13 photo, Rodney Berget, accused of killing a South Dakota prison guard during an unsuccessful escape in 2011, is escorted to court in Sioux Falls. A judge on Monday sentenced Berget to death for his part in the murder. (AP Photo/The Argus Leader, Elisha Page)

PIERRE (AP) — South Dakota Attorney General Marty Jackley has asked the 2nd Judicial Circuit to schedule a resentencing hearing for a man who helped kill a guard at the State Penitentiary in Sioux Falls.

The state Supreme Court this week overturned Rodney Berget's death sentence and ordered a new sentencing hearing. Justices said the circuit judge who sentenced Berget to die improperly considered a statement Berget made to a psychiatrist.

Jackley has filed a motion asking the circuit court to schedule a new sentencing hearing "at the earliest time convenient for the court and counsel."

The 50-year-old Berget and another inmate, Eric Robert, pleaded guilty to killing guard Ronald Johnson during a failed escape attempt in April 2011. Robert was executed last October. Berget appealed his death sentence.

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