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Judge weighing death penalty in SD guard killing
Tuesday, 31 January 2012 06:26
SIOUX FALLS, S.D. (AP) _ Testimony is set to resume Tuesday in the pre-sentencing hearing of a South Dakota inmate who has acknowledged killing a prison guard in a failed escape attempt. Forty-nine-year-old Rodney Berget has pleaded guilty to attacking 63-year-old Ronald Johnson with fellow inmate Eric Robert. Berget has said he wants a judge, not a jury, to decide whether he should spend life in prison or be put to death for the killing. Second Circuit Judge Bradley Zell will hear testimony from prosecutors and defense lawyers before deciding Berget's fate. Zell earlier sentenced Robert to death for his part in the crime after he pleaded guilty. A third inmate has been charged with providing the materials used to kill Johnson. Berget's pre-sentencing hearing is expected to last all week. (Copyright 2012 by The Associated Press. All Rights Reserved.)
 
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