PIERRE, S.D. (AP) - The execution of a South Dakota inmate convicted of killing a prison guard is being delayed while he appeals.
Fifty-one-year-old Rodney Berget was scheduled to be executed by lethal injection the week of Jan. 12. Supreme Court Chief Justice David Gilbertson on Monday issued a stay of execution while Berget's appeal proceeds.
Berget pleaded guilty to killing guard Ronald Johnson during a botched escape attempt in April 2011. The state Supreme Court overturned his initial death sentence because of an error by the judge in the case, but Berget was sentenced again to death last May. He requested a stay of execution while he appeals.
Two other inmates were involved in Johnson's death. Michael Nordman was sentenced to life in prison, and Eric Robert was executed last October.