• SIOUX FALLS, S.D. (AP) -- A man who was sentenced to death for his role in the killing of a prison guard during a bungled escape from a South Dakota prison will not face a new sentencing hearing before a jury, a circuit judge ruled Tuesday.
• Rodney Berget, who initially waived his right to a jury trial, was convicted last year in the slaying of Ronald "RJ" Johnson in April 2011 and sentenced to death. The state Supreme Court overturned that sentence this year, ruling that Circuit Judge Brad Zell had improperly considered Berget's comments to a psychiatrist that he deserved the death penalty for taking Johnson's life and destroying his family.
• Berget, 50, then sought a new sentencing hearing in front of a jury. He also wanted to present fresh mitigating evidence, including details of a newly established relationship with his adult son, Travis Skeide, daughter-in-law and grandchildren.
• Zell denied both requests Tuesday, saying he would sentence Berget again. A sentencing date was not set.
• Berget's lawyer left the courtroom without comment and Skeide, who sat in the front row during the hearing, refused to speak to reporters.
• Ronald Johnson's widow, Lynette, said she was upset at having to go through the sentencing process again but happy it would not go to a jury.
• Berget was already serving life sentences for attempted murder and kidnapping when he tried to escape from the State Penitentiary with Eric Robert, who was serving 80 years for a kidnapping conviction.
• Johnson, 63, was alone in a part of the prison where inmates work on upholstery, signs, custom furniture and other projects when the two men two bashed him with a pipe and covered his mouth with plastic wrap. Robert put on Johnson's uniform and tried to move a large box toward the prison gate with Berget inside. The inmates were caught before leaving the prison.
• Berget and Eric Robert both pleaded guilty in the slaying of Johnson. A third in

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