A lawyer for a man who pleaded guilty to killing a prison guard and was sentenced to death earlier this year is appealing the sentence to the South Dakota Supreme Court.
The state Supreme Court is set to hear oral arguments Monday in the case of 50-year-old Rodney Berget. Berget pleaded guilty to killing guard Ronald Johnson on his 63rd birthday in April 2011 at the state penitentiary during a botched prison escape. A judge sentenced Berget to die by lethal injection. But Berget's lawyer is now appealing the sentence.
A second inmate involved in the escape attempt, 50-year-old Eric Robert, is scheduled to die by lethal injection during the week of Oct. 14. A third inmate was sentenced to life in prison for his involvement.
Watch the hearing live at 11 a.m. on KELOLAND.com. See it on the Live Coverage page.