Attorney General Marty Jackley announced today that the warrant of execution
for Rodney Scott Berget has been issued by Second Circuit Court Judge Bradley
Berget is scheduled to be executed between the hours of 12:01 a.m. and 11:59
p.m., during the week of Sunday, September 9, 2012, through Saturday, September
15, 2012, inclusive, at a specific time and date to be selected by the Warden
of the State Penitentiary.
Pursuant to South Dakota law, there is an automatic appeal whereby the record
of the proceedings will be forwarded to the South Dakota Supreme Court to
determine whether the sentence of death was properly imposed; whether the
evidence at trial supports the Judge's finding of at least 1 statutory
aggravating factor; and whether the sentence of death is excessively
disproportionate to the penalty imposed in similar cases, considering both the
crime and the defendant.
South Dakota law further provides that, "The Governor may make such
investigation of the case as the Governor may deem proper and may require the
assistance of the attorney general."
Both the Supreme Court and the Governor have the authority to suspend the
execution of sentence scheduled by the trial judge until their respective
reviews are complete.
(source: KSFY News)