SIOUX FALLS - A South Dakota judge has denied a new sentencing hearing for a man sentenced earlier to die for his role in killing a prison guard two years ago.

Rodney Berget was sentenced to death last year for killing prison guard Ronald "RJ" Johnson in April 2011. But the state Supreme Court overturned Berget's death sentence earlier this year, ruling that the circuit judge improperly considered a statement Berget made to a psychiatrist.

Berget then sought a new sentencing hearing in front of a jury. State Circuit Judge Brad Zell denied the request Tuesday.

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