Rodney Berget asks to withdraw execution appeal

Convicted killer and death row inmate Rodney Berget sent a letter to a judge in August requesting to withdraw his death penalty appeal, despite the wishes of his attorneys.

Berget appeared in circuit court Friday morning in front of Judge Doug Hoffman to review his request.

When asked by Judge Hoffman if he wanted to dismiss his appeal and proceed with his execution, Berget replied: “Yes.”

“I want this to be the last day I appear in court," Berget said.

Berget and another prisoner, Eric Robert, killed guard Ronald Johnson during a prison escape attempt in 2011.

Johnson was alone in an area where inmates work on projects when he was attacked. Robert put on Johnson’s uniform and tried to move a large box with Berget inside it toward the prison gate.

They were caught before making it out of the prison.

Berget was scheduled to be executed in May 2015. However, his execution was stayed.

Berget’s attorney, Eric Shulte, disagreed with his client’s decision to drop the appeal. Shulte told the judge he wants to review Berget’s functionality and mental capacity to see if he is even eligible for the death penalty.

“There is evidence that was uncovered that warrants additional investigation in this matter,” Shulte said. “I do not believe a defendant can consent to an unconstitutional execution."

Attorney General Marty Jackley said there was no evidence that Berget isn’t capable of making his own decisions. Jackley moved to dismiss Berget’s appeal and remove the stay of execution.

“What was asked today was an investigation of whether he is of sound mind, and we took the position that he is,” Jackley said after the hearing.

Lynette Johnson, Ronald's widow, left the court in tears and yelled at Berget: "Why don't you just tell (your attorneys) to stop."

The judge still has yet to rule on the request. Berget's attorney has 60 to 90 days to investigate whether Berget mentally and functionally qualifies for the death penalty or not.

Robert was executed in 2012. A third inmate, Michael Nordman, was sentenced to life in prison for providing plastic wrap and a pipe used to kill Johnson.