Monday, a judge sided with the admitted killer. The attempted prison escape in April left guard Ronald Johnson dead. Berget and a fellow inmate bashed Johnson in the head with a pipe, wrapped plastic wrap around his face and stole his uniform to try to slip past security.

Berget's lawyer described his client's childhood as one dominated by alcoholism and violence, but Second Circuit Judge Bradley Zell said any mitigating factors were outweighed by the depravity of the crime.

Fellow inmate, 49-year old Eric Robert, earlier pleaded guilty to his part in the killing. He was also sentenced to die by lethal injection.

-Associated Press