South Dakota executes inmate who killed prison guard in 2011
SIOUX FALLS, S.D. (AP) - A South Dakota inmate who killed a correctional officer seven years ago during a failed prison escape on the guard's 63rd birthday was put to death Monday evening, marking the state's first execution since 2012.
Rodney Berget, 56, received a lethal injection of an undisclosed drug for the 2011 slaying of Ronald "R.J." Johnson, who was beaten with a pipe and had his head covered in plastic wrap at the South Dakota State Penitentiary in Sioux Falls. Berget's execution was the state's fourth since it reinstituted the death penalty in 1979.
It originally was to be carried out at 1:30 p.m. CDT, but was delayed for hours while the U.S. Supreme Court weighed a last-minute legal bid to block it. Berget joked in his last words about the wait, saying, "Sorry for the delay, I got caught in traffic."
He was soft-spoken and appeared emotional. He also thanked people for their support and mentioned two by name.
"I love you, and I'll meet you out there," he said while appearing to give a peace sign with his left hand.
After the administering of the drug started at 7:25 p.m., Berget groaned and pushed out his chest. He drifted off and snored briefly before his eyes closed. He was pronounced dead at 7:37 p.m. CDT.
Johnson's widow, Lynette Johnson, who witnessed the execution, said her husband experienced "cruel and unusual punishment" but Berget's lethal injection was "peaceful" and "sterile."
"What's embedded in my mind is the crime scene. Ron laid in a pool of blood. His blood was all over that crime scene," she said. "That's cruel and unusual punishment."
She sized down her husband's wedding ring and now wears it next to her own; she keeps his watch - its hands frozen at the time he was attacked - in a clear case next to photos above her fireplace.
Berget was serving a life sentence for attempted murder and kidnapping when he and another inmate, Eric Robert, attacked Johnson on April 12, 2011, in a part of the penitentiary known as Pheasantland Industries, where inmates work on upholstery, signs, furniture and other projects. After Johnson was beaten, Robert put on Johnson's pants, hat and jacket and pushed a cart loaded with two boxes, one with Berget inside, toward the exits. They made it outside one gate but were stopped by another guard before they could complete their escape through a second gate. Berget admitted to his role in the slaying.
Robert was executed on Oct. 15, 2012. The state also put an inmate to death on Oct. 30, 2012, but that was the last one before Berget's.
Lynette Johnson said the executions held Robert and Berget accountable, and she asked that people not feel bad for the men. She spoke at a guard training academy that was named for her husband and dedicated one year after his death.
Johnson turned 63 on the day that he was killed, and he was nearing the end of a nearly 24-year career as a guard.
Berget's mental status and death penalty eligibility played a role in court delays. Berget in 2016 appealed his death sentence, but later asked to withdraw the appeal against his lawyers' advice. Berget wrote to a judge saying he thought the death penalty would be overturned and that he couldn't imagine spending "another 30 years in a cage doing a life sentence."
The Department of Corrections planned to use a single drug to execute Berget. Policy calls for either sodium thiopental or pentobarbital. Pentobarbital was used in the state's last two executions.
South Dakota has not had issues with obtaining the drugs it needs, as some other states have, perhaps because the state shrouds some details in secrecy. Lawmakers in 2013 approved hiding the identities of its suppliers.
Berget was the second member of his family to be executed. His older brother, Roger, was executed in Oklahoma in 2000 for killing a man to steal his car.
Opponents of the death penalty gathered for a vigil Monday outside the South Dakota prison, some joining in a circle and singing. Sioux Falls resident Elaine Engelgau, 62, who sat behind a sign attached to a cross reading: "JESUS: HE WITHOUT SIN, CAST THE FIRST STONE," told The Associated Press that she prayed the execution would be halted and for Berget's soul.
"I don't think it's right to kill a person, and I think the citizens of the state of South Dakota are wrong to kill someone," said Engelgau, a retired court reporter.
Scott Johnson told the Argus Leader that he didn't know R.J. Johnson, but stood across the street in support of the death penalty. Scott Johnson said a prisoner in the penitentiary killed his sister and was sentenced to life without parole.
"I know there's two sides to everything, but I don't understand their side at all," he said.
Source: The Associated Press, October 29, 2018
Two Brothers Sentenced to Death in Separate States
SIOUX FALLS, S.D. — Rodney Berget lives in a single cell on South Dakota's death row, rarely leaving the tiny room where he awaits execution for bludgeoning a prison guard to death with a pipe during an attempted escape.
For Berget's immediate family, his fate is somewhat familiar. He is the second member of the clan to be sentenced to death. His older brother was convicted in 1987 of killing a man for his car. Roger Berget spent 13 years on Oklahoma's death row until his execution in 2000 at age 39.
The Bergets are not the first pair of siblings to be condemned. Record books reveal at least three cases of brothers who conspired to commit crimes and both got the death penalty. But these two stand out because their crimes were separated by more than 600 miles and 25 years.
"To have it in different states in different crimes is some sort of commentary on the family there," said Richard Dieter, executive director of the Death Penalty Information Center, which tracks death penalty trends.
The siblings' journey from the poverty of their South Dakota childhood to stormy, crime-ridden adult lives shows the far-reaching effects of a damaged upbringing — and the years of havoc wrought by two men who developed what the courts called a wanton disregard for human life.
Rodney Berget is scheduled to die later this year, potentially ending the odyssey that began when the two boys were born into a family that already had four kids.
A former prison principal described Rodney as a "throwaway kid" who never had a chance at a productive life. A lawyer for Roger recalled him as an "ugly duckling" with little family support.
The boys were born after the family moved from their failed farm in rural South Dakota to Aberdeen, a city about 20 miles away. Roger arrived in 1960. Rodney came along two years later.
His farming dreams dashed, patriarch Benford Berget went to work for the state highway department. Rosemary Berget took a night job as a bar manager at the local Holiday Inn.
The loss of the farm and the new city life seemed to strain the family and the couple's marriage. When the family moved to town, "things kind of fell apart," Bonnie Engelhart, the eldest Berget sibling, testified in 1987.
Benford Berget, away on business, was rarely around. When he was home, he drank and become physically abusive, lawyers for the brothers later said.
By the 1970s, the couple divorced, and Roger and Rodney started getting into trouble. Roger skipped school. Rodney started stealing. Soon, they were taking cars. Both went to prison for the first time as teens.
Roger Berget enjoyed a rare period of freedom in 1982 and met a woman while hitchhiking. The two started a relationship, and the woman gave birth to a child the next year. But Roger didn't get to see his son often because he was soon behind bars again, this time in Oklahoma. And for a far more sinister crime.
Roger and a friend named Michael Smith had decided to steal a random car from outside an Oklahoma City grocery store. The two men spotted 33-year-old Rick Patterson leaving the store on an October night in 1985. After abducting him at gunpoint, they put Patterson in the trunk and concluded he would have to be killed to prevent him from identifying his captors.
They drove the car to a deserted spot outside the city and shot Patterson in the back of the head and neck, blowing away the lower half of his face.
A year later, Berget pleaded guilty to first-degree murder and was sentenced to death on March 12, 1987. An appeals court threw out a death sentence for Smith, who was later sentenced to life in prison without parole.
Less than three months after Roger was sentenced to death, Rodney Berget, then 25 and serving time for grand theft and escape, joined five other inmates in breaking out of the South Dakota State Penitentiary in Sioux Falls.
The men greased their bodies with lotion, slipped through a hole in an air vent and then cut through window bars in an auto body shop at the prison. Berget was a fugitive for more than a month.
Thirteen years passed before Roger Berget was executed by lethal injection on June 8, 2000. His younger brother was still in prison in South Dakota.
Then in 2002, the younger Berget was released. His sister and her husband threw Rodney his first-ever birthday party when he turned 40.
But the good days were numbered because a year later, he was sentenced to life in prison for attempted murder and kidnapping. He headed back to the South Dakota State Penitentiary — this time for good.
Then Rodney got to talking with a fellow inmate named Eric Robert about a goal they shared: to escape — or die trying.
The plan was months in the making. The inmates figured they would corner a solitary guard — any guard would do — and beat him with a pipe before covering his face with plastic wrap.
Once the guard was dead, Robert would put on the dead man's uniform and push a box with Berget inside as the prison gates opened for a daily delivery. The two would slip through the walls unnoticed.
On the morning of April 12, 2011, the timing seemed perfect. Ronald "R.J." Johnson was alone in a part of the prison where inmates work on upholstery, signs, custom furniture and other projects. Johnson wasn't supposed to be working that day — it was his 63rd birthday. But he agreed to come in because of a scheduling change.
After attacking Johnson, Robert and Berget made it outside one gate. But they were stopped by another guard before they could complete their escape through the second gate. Both pleaded guilty.
In a statement to a judge, Rodney acknowledged he deserved to die.
"I knew what I was doing, and I continued to do it," Berget said. "I destroyed a family. I took away a father, a husband, a grandpa."
His execution, scheduled for September, is likely to be delayed to allow the State Supreme Court time to conduct a mandatory review.
Rodney Berget's lawyer, Jeff Larson, has declined to comment on the case outside of court. Rodney did not respond to letters sent to the penitentiary.
The few members of the Berget family who survive are reluctant to talk about how seemingly normal boys turned into petty criminals and then into convicted killers of the rarest kind: brothers sentenced to death.
Dieter, of the Death Penalty Information Center, said some families of the condemned remain involved in appeals. But others see no reason to preserve connections.
"There's no light at the end of it," he said. "What happens at the end is execution."
Source:
The Associated Press, May 27, 2012
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