A second man charged with first-degree murder in the death of a prison guard has changed his plea to guilty. 49-year-old Rodney Berget pleaded guilty to killing 63-year-old corrections officer Ronald Johnson on April 12th of this year. Circuit Judge Brad Zell asked Berget how he affected the death of Johnson….
[audio:http://prprt.itmwpb.com/wp-content/uploads/sites/688/2011/11/bergetguilty.mp3|titles=bergetguilty]Berget says he and Eric Robert tried to escape the day before but too many people were around. He told Zell he was thinking about escaping the State Penitentiary in Sioux Falls since August of 2010. Berget says he has thought about changing his plea to guilty for the last three to four months. Berget told Zell he wanted the court and not a jury to sentence him, a decision that Berget’s defense council advised him not to do. Berget was advised at length by Zell, that it’s likely, evidence used to determine aggravating factors in co-defendant Eric Roberts sentencing could be used, and that the result of Robert’s sentencing hearing was death. Berget has time to change his mind on whether a judge or jury will ultimately hand down a sentence. Unlike the Robert sentencing, Berget’s attorney Jeff Larson says Berget does want to present mitigating evidence that may sway Zell’s sentence including the possible calling of witnesses.