A death row inmate is asking for a re-sentencing after a newfound relationship with his son.
Rodney Berget was sentenced to death as an accomplice in the murder of South Dakota State Penitentiary Correctional Officer Ronald "RJ" Johnson in April 2011.
Berget was sentenced to death in February 2012. During his sentencing, Berget waived his right to be sentenced by a jury. Now, Berget is appealing his sentence saying that his relationship with his 31-year-old son renders his prior waiver as unknowing, unintelligent and involuntary.
Berget is now asking to be sentenced by a jury.
According to court documents, it was not until six days after he was sentenced to death that Berget reached out to his son. In a response to Berget's appeal, South Dakota Attorney General Marty Jackley wrote, "If family and father hood was such a meaningful consideration to Berget, it should have deterred him from robbing RJ Johnson's son and daughter of their father."
In January, Berget's death sentence was remanded back to the circuit court for resentencing. The court ruled that evidence from a psychologist was unknowingly used against Berget, and that a resentencing should occur without considering that evidence.
On February 19, the South Dakota Supreme Court received a request from Berget asking for another judge to conduct that resentencing. However, that request was denied.
In his response to Berget's most recent appeal, Attorney General Marty Jackley wrote the state does not oppose Berget's demand for a hearing of mitigating factors. Jackley wrote the state does not object in the interest of permitting Berget the opportunity to present any mitigating factors in order to close the case.
"Where Berget sees redemptive mitigation evidence in this newfound-son scenario, the state sees only further aggravating evidence of selfishness and failure to accept his responsibilities in life," Jackley wrote.
