Death. Judge Brad Zell says that is the only punishment that will prevent Rodney Berget from killing again. It took the judge just a half hour to read through his opinion and deliver his death penalty verdict.
After four days of listening to testimony in Berget's sentencing it took the judge an extended weekend to make his decision. In a crowded courtroom on the fifth floor of the county courthouse, the judge delivered his verdict.
Judge Zell went over every fact and finding that was presented in last week's pre-sentencing hearing.
The judge said he believed the state proved beyond a reasonable doubt the existence of at least two aggravating factors when only one was needed.
The judge also said there were mitigating circumstances but there was only one conclusion
"When weighing the mitigating circumstances in this matter they do not outweigh the aggravating circumstances in this crime. The only reasonable and appropriate sentence under the totality of circumstances in this matter is the imposition of the death penalty." Said Judge Zell
The judge said there is a hopeless chance of rehabilitation for Berget and the only way to protect society, other inmates and correctional staff is to put him to death.
A verdict the Johnson family has been waiting to hear.
"As difficult as this remains for Officer Johnson's family I believe that justice has been served and this will serve as a deterrent to not only to Rodney Berget to stop his harming of the public but other inmates that this conduct, this wanton and outrageous conduct will not be tolerated in South Dakota." Said Attorney General Marty Jackley.
Berget's defense attorney, Jeff Larson, left the courtroom through a back door and did not comment on his client's verdict.
The Johnson family did not want to comment either but there was a definite feeling of relief that the men who took their husband, father, and grandfather will be punished for their crime.
