S.D. death row inmate can keep lawyer for appeal
Does death row inmate Rodney Berget need a new lawyer?
Attorneys argued before a judge Monday on whether Berget should be able to keep the same lawyer from his trial through his appeals process.
Assistant Attorney General Paul Swedlund argued that could create conflicts if Berget wants to include claims of poor representation during his appeals.
"There's something inherently skewed about an attorney representing one interest and being blind to another," Swedlund said.
Judge Doug Hoffman ruled Berget could keep Jeff Larson as his lawyer throughout the process. However, per state law, Berget will not be able to raise questions later about his representation.
Larson, former Minnehaha County Public Defender, has been a defense lawyer on 40 murder cases in Minnehaha County. He said Berget is the first death row inmate he's defended.
Larson said Swedlund's arguments were mute because Berget has never claimed to be dissatisfied with his representation. Larson said Berget asked him to be his lawyer throughout all of his proceedings.
Habeus corpus appeals often involve complaints about the lawyer, but in this case, Berget's appeal alleges violations of his constitutional rights.
"There's no coercion here. There's no bargaining. There's no conflict," Larson said. "The state is trying to create a situation that does not exist."
Judge Hoffman sided with Larson and denied the state's motion.
"I don't think that there is any error in allowing Mr. Berget to choose his trial attorney to represent him in his habeus," Hoffman said.
Berget and another prisoner, Eric Robert, killed penitentiary guard Ronald Johnson during an April 2011 escape attempt. Robert put on Johnson's uniform and tried to move a large box with Berget inside toward the prison gate. They were caught before leaving the prison.
Robert was executed in 2012. A third inmate, Michael Nordman, was sentenced to life in prison for providing plastic wrap and a pipe used in the slaying of Johnson.
"It remains the state's desire to address all of Mr. Berget's alleged constitutional violations in a timely manner to assure justice is served," said attorney general Marty Jackley.