Donald Moeller fights for his death sentence - KSFY News - Sioux Falls, SD News, Weather, Sports

Donald Moeller fights for his death sentence

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Convicted killer Donald Moeller says the law has spoken.  He says he killed and deserves to be killed.

Powerful words heard in court today.

Moeller was there to request his federal case be dismissed.

And for the first time, Moeller admits to the kidnapping, rape and murder of nine-year-old Becky O'Connell.

KSFY News was at the court hearing Thursday.  A public defender argued South Dakota's lethal injection procedure for the death penalty equates to cruel and unusual punishment.

Moeller wants the case dismissed.

In fact, he told the judge he knows what his rights are and he know's what's right.

Despite what a public defender says, Moeller is ready to proceed with his execution.

Donald Moeller is able to make a knowing and voluntary decision to end these proceeding and accept responsibility for his actions.

South Dakota Attorney General Marty Jackley said it's not a matter of if Moeller will die, but how.

"This is the last pending action by Donald Moeller as the court has indicated. As we begin proceedings, the South Dakota Supreme Court and United States Supreme Court has already made the decision on guilt and on the sentence of death. Really, the only thing that is occurring in these proceedings is the method of the way that South Dakota carries out an execution," Jackley said.

Jackley said there isn't much else to stop Moeller's execution.

The only thing under South Dakota law that would allow the execution to stop would either be an action by the governor or a stay of execution by a court's jurisdiction."

And if Governor Daugaard has an opinion on whether moeller should be executed, Jackley is tight-lipped about speaking with the governor.

"I have had several meetings with the governor involving both the Robert and Moeller case as well as procedures involved, but I keep the rest of the conversations confidential," Jackley said.

The public defender accused Moeller's new attorney, Mark Marshall, of working for the state.

Marshall objected and the attorney general ensured the court that Marshall is not working for the state.

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