Judge Orders Mental Capacity Report From Berget’s Counsel

Death row inmate dropped appeal of death sentence in September

SIOUX FALLS – There are new developments in the case of a South Dakota death row inmate.

A judge has ordered Rodney Berget’s counsel to submit a report about whether he is mentally disabled.

Last September, Berget chose to waive his right to appeal his death sentence for the 2011 killing of corrections officer Ronald Johnson. Berget’s counsel advised against the decision — saying there is a possibility he might be mentally disabled.

The judge is requiring the report before making a ruling on Berget’s request.

His co-conspirator, Eric Robert, was executed in 2012.