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Death Row Inmate Wants New Hearing



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A man on death row in South Dakota is asking for a new sentencing hearing so he can show that a new relationship with his son and grandchildren is reason not to be executed.

Lawyers for Rodney Berget filed documents last week requesting a new sentencing hearing. Berget was sentenced to death for killing prison guard Ronald Johnson in April 2011. The state Supreme Court overturned Berget's death sentence, ruling that the circuit judge improperly considered a statement Berget made to a psychiatrist.  
 
Berget now wants a completely new hearing in front of a jury. He says he has established a "meaningful relationship" with the family members.
 
South Dakota Attorney General Marty Jackly says Berget already waived his right to be sentenced by a jury.
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