The South Dakota Supreme Court has overturned a state prison inmate's death sentence for killing a prison guard almost two years ago according to the Associated Press.
"I am pleased that the Supreme Court has affirmed the overwhelming majority of the evidence was appropriately considered," Attorney General Marty Jackley said in a press statement. "The single remaining issue surrounding psychological evaluation may be conducted on the existing record without causing excessive delay."
Rodney Berget, 50, will not get a new sentencing hearing since the circuit judge who sentenced him to die "improperly considered a statement" Berget made to a psychiatrist before his ruling.
Click here to see the full report released by the Associated Press.
The high court determined that they could not conclude that use of the statement, which Berget said he deserved the death penalty for taking Ronald Johnson's life, was "harmless beyond reasonable doubt."
"This statement, while expressing Berget's belief that he deserves the death penalty, does not touch on his motivation for pleading guilty," Chief Justice David Gilbertson said according to the Associated Press.
Circuit Judge Bradley Zell of Sioux Falls sentenced Berget to death after he plead guilty for killing Johnson in April of 2011, the prison guard's birthday, at the South Dakota Penitentiary that Johnson worked at.
Berget didn't act alone however, as Eric Robert, who also pleaded guilty in Johnson's death, was sentenced to death and executed by lethal injection this past October. A third inmate, Michael Nordman, was sentenced to life in prison for providing materials that were used to kill Johnson.
"They'll never see their father again or husband," Berget is quoted as saying according to the Associated Press. "He will never walk through that door again. I made sure of that by my actions. I'm not going to beg the Court or ask the Court to spare my life. I believe I deserve the death penalty for what I've done."
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