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Attorney General Marty Jackley

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Berget Denied Motion to Delay Execution


FOR IMMEDIATE RELEASE:     Thursday, April 02, 2015
CONTACT:  Sara Rabern  (605) 773-3215 


Berget Denied Motion to Delay Execution

PIERRE – Attorney General Marty Jackley announced that Circuit Court Judge Brad Zell has denied Rodney Scott Berget’s recent motion to delay his execution.  Judge Zell found that Berget’s motion was outside of his court’s jurisdiction.  Berget had filed a Motion to Amend Warrant of Execution and a Motion for Stay of Execution on January 30, 2015.

The United States Supreme Court denied Berget’s petition Writ of Certiorari on March 2, 2015.

Berget is scheduled to be executed between the hours of 12:01 a.m. and 11:59 p.m., during the week of Sunday, May 3, 2015, through Saturday, May 9, 2015, inclusive, at a specific time and date to be selected by the Warden of the State Penitentiary.

“I believe that due process has been satisfied.  The State is prepared to carry out Berget’s sentence consistent with the existing warrant.  Justice for Berget’s brutal killing of a corrections officer requires that he serve his capital sentence,” said Jackley.

 Berget may seek the right to file additional habeas proceedings in order to stay the execution date.