Moeller: 'It's time,' South Dakota judge dismisses lethal inject - KSFY News - Sioux Falls, SD News, Weather, Sports

Moeller: 'It's time,' South Dakota judge dismisses lethal injection appeal

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The judge in the convicted killer Donald Moeller's case has dismissed a constitutional challenge to South Dakota's execution method.

On October 4, Moeller appeared in federal court as part of an appeal of South Dakota's one drug method of lethal injection. However, at the hearing Moeller told the court, "I want to pay what I owe. I believe the death penalty is just in this case."

Moeller is scheduled to be executed no early than 12:01 a.m. during the week of Sunday October 28 through Saturday November 3.  

On Tuesday October 9, Moeller sent a letter to Judge Piersol requesting his Arkansas attorneys, who are challenging South Dakota's execution methods as cruel and unusual punishment, to be dropped from as his representation and asking for his federal case to be dismissed.

South Dakota Attorney General Marty Jackley announced Wednesday that Judge Lawrence Piersol dismissed the constitutional challenge. Jackley said in a news release that the dismissal does not change the state's plans for Moeller's execution.

"The state is committed to performing an execution according to constitutional standards," Jackley said in a news release. "For 22 years Donald Moeller has remained silent concerning his role in Becky's death. It is important to her family that Moeller has finally admitted his guilt."

Moeller said he agrees, saying at the hearing, "It's time. If the rape and murder of Rebecca O'Connell does not deserve the death penalty, then I guest nothing does."  

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