New developments Tuesday afternoon in the case of the state of South Dakota versus Rodney Berget.
The convicted killer says a re-kindled relationship with his son is grounds for a new sentencing.
Earlier this month, the state supreme court denied his request for another hearing in relation to the murder of senior correctional officer Ronald "RJ" Johnson.
Berget's lawyers filed paperwork last week requesting a sentencing hearing.
Berget argues he should be allowed to present some new evidence.
But the state says his reasons just don't make a difference to this case.
In court documents, it notes Berget's demand for a hearing revolves around his newfound relationship with his son.
Berget claims that new bond changes everything.
He says it makes his previous wavier of jury sentencing to be unknowing, unintelligent and involuntary.
But the state responds by claiming Berget practically ignored his son for 31 years.
And the state recognizes it was not until six days after Berget was sentenced that Berget reached out to his son.
The documents further note, if family and fatherhood were meaningful to Berget, it should have stopped him from robbing RJ Johnson's family of their father.
In fact, the state adds, Berget may see his newfound relationship with his son as mitigating evidence to help his case, the state looks at this as further aggravating evidence of selfishness and failure to accept his responsibilities in life.
The state ends its response with a statement that Berget's jury sentencing waiver should and must stand.
Overall, the state says Berget's new relationship with his son has no legal bearing in whether he knowingly, intelligently, and voluntarily waived his rights.
