PIERRE, South Dakota — Attorney General Marty Jackley says a state judge has denied a motion by Rodney Berget to delay his May execution.
Jackley says Circuit Court Judge Brad Zell found that Berget's motion was outside of his court's jurisdiction. Berget had filed the motion on Jan. 30
Berget was sentenced to die for his role in killing State Penitentiary guard Ronald Johnson during an April 2011 escape attempt.
Another inmate charged in Johnson's death, Eric Robert, was executed in 2012. A third inmate, Michael Nordman, was sentenced to life in prison for providing materials used in the slaying of Johnson, which happened on his 63rd birthday.
Jackley says Berget may still seek the right to file additional habeas proceedings in order to stay his sentencing date.