Seven years is a long time, but not long enough to erase what the Johnson family has been through.
"It's an emotional, torturous roller coaster that you have. We're just trying to get through it the best we know how," Lynette Johnson said.
In his ruling, Judge Hoffman said Berget's communication skills, cognitive functioning, and his ability to manipulate others prove he's not impaired. He found Berget is mentally fit for the death penalty.
"I think today kind of came an end to the conversations whether or not there's a mental retardation or intellectual disability. I believe the court was rather thorough," Marty Jackley, South Dakota Attorney General, said.
Hoffman based his decision on evidence that includes Berget's past IQ and test scores, his criminal record, testimony from Berget's ex-wife, past teachers and mental health experts. The court also heard an hour-long recording, from August, of Berget talking about when he escaped prison 30 years ago.
"It was all important because what it showed is an individual who had behavior problems. An individual who couldn't follow the law, that used drugs, that was a leader in much of his activities, who had detailed escape plans, which is why we're here today," Jackley said.
Berget's attorneys did not comment on the decision. Berget's case has gone through several stages. A different judge originally sentenced him to death in 2012. Berget appealed that, and then changed his mind. However, his attorneys requested this week's hearing. Jackley hopes this ruling is the conclusion to this case.
"When it comes to the intellectual disability issue, I believe he's received that due process the court has talked about and it's time to move this case forward to bring closure to the victim's family," Jackley said.
Jackely says after both sides submit some paperwork. Jackley will then file a warrant of execution and this case will go back to the sentencing judge to carry out Berget's execution. If Berget doesn't appeal this, and everything moves forward without any delays, Jackley says the sentencing judge could see this case within two months.
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