- Associated Press - Saturday, January 7, 2017

PIERRE, S.D. (AP) - A South Dakota circuit judge is asking the attorney for convicted prison guard killer Rodney Berget to submit a report about whether his client is mentally disabled.

State Attorney General Marty Jackley says the judge wants to review the findings before ruling on a motion by prosecutors to dismiss Berget’s death penalty appeal. Berget told Judge Doug Hoffman in September that he wanted to drop the appeal.

Berget and another inmate, Eric Robert, were convicted of killing guard Ronald Johnson in 2011. Robert was executed in 2012.

Jackley says that testing throughout Berget’s life has shown him to be a person of “at least ordinary intelligence” and there’s no evidence to suggest that he isn’t competent.

Berget’s attorney, Eric Schulte, was not immediately available for comment.

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