KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App

Judge To Rule On Moeller Appeal Soon



Bookmark and Share

Sixty-year-old Donald Moeller is scheduled to die by lethal injection sometime next week. But it's possible a judge could stay the execution which means his execution could get put on hold. This time, it's because a woman, who claims to be Moeller's stepsister, says he isn't competent.

"A friend has filed a request to stay the execution of Donald Moeller that's scheduled for the week of Oct. 28," said South Dakota Attorney General Marty Jackley.

Donna Nichols filed a motion last week to be appointed 'next of friend', which would allow her to act on Moeller's behalf. If granted, she would be able to continue the appeals process. Jackley argued against the motion on Monday, saying the court lacks jurisdiction over the case, and Nichols has no standing.

Jackley said, "This next of friend had very little contact with Donald Moeller, no relationship of blood value and that really had not made a demonstrated showing of the need to intervene in this case."

Moeller's attorney, Mark Marshall and Moeller, himself, agreed. Moeller told the judge Nichols' mother married his stepfather so they are not related. He also told the judge that she isn't a friend, that she's only visited him four times in the last five years, and that she knows his position. He wishes to be executed.

Jackley said, "We've reached a point where he's accepted responsibility, he's admitted to what he's done and he's prepared to accept the state's sentence."

Jackley says Moeller has already demonstrated that he is competent.

"I think his colilique or his discussion with the court on Oct. 4, demonstrated an individual that number one accepted responsibility for his actions for in his words the kidnapping rape and murder of a young little girl and number two that he understood the basic premise of the lethal injection process," said Jackley.

Earlier this month, Moeller's federal-appointed attorney's from Arkansas tried to prove he is incompetent, but the judge dismissed the motion. When it comes to Nichols' motion, the judge says he'll make his decision promptly, as Moeller's execution could come as early as Sunday.

Donna Nichols wasn't present for the hearing Monday. The attorney acting on her behalf is Bob Van Norman, who is connected to the Arkansas Public Defenders office. He also represented Moeller at one time. Moeller says based on those facts alone, the motion should be dismissed.
< Prev Story Back To Top Next Story >
     

LifeLight Festival Brings Thousands   story with video

Despite the muddy conditions from recent rain, thousands of people are gathering in ...

Kids Participate In Wildlife Olympics

Children and their families had an active afternoon at Good Earth State Park with ...

Labor Day Weekend Travels Increase  story with video

Every year, millions of Americans take a long weekend to celebrate the men ...

Spearfish Man Arrested For Indecent Exposure  Aug. 30

Rapid City Schools Receive Cultural Grant  Aug. 30

Lead Woman Pleads Guilty In Child Rape  Aug. 30

SF Ranked High For Job Seekers Over 50  Aug. 30

Rapid City Gets Search And Rescue Dog  Aug. 30

SD Publishing House Earns Wilder Book  Aug. 30

SD U.S. Senate Candidates Debate At Fair  Aug. 29

17th Annual LifeLight Begins Despite Rain   story with video  Aug. 29

Medical Marijuana Protest Held In Huron   Aug. 29

South Dakota State Fair In Full Swing  Aug. 29

Social Media Guidelines For Teachers  story with video  Aug. 29

Iowa Packing Company Ordered To Pay For Violations  Aug. 29

South Dakota Settles Lawsuit Against Omnicare  Aug. 29

Rosholt Ethanol Plant Operating After 18 Months  Aug. 29

Child Immunization Rates Up In South Dakota  Aug. 29

Bomber Crews In ND, SD Learn From One Another  Aug. 29

Upgrading Pierre Stadium Would Cost $1.2 Million  Aug. 29

KDLT News Archive
     

Lead Woman Pleads Guilty In Child Rape

A Lead woman has pleaded guilty to having sex with ...

SF Ranked High For Job Seekers Over 50

A social media and marketing company ranked Sioux Falls among the ...

Spearfish Man Arrested For Indecent Exposure

Spearfish Police have arrested 32-year-old Joshua Michael ...

Rapid City Schools Receive Cultural Grant  Aug. 30

Rapid City Gets Search And Rescue Dog  Aug. 30

LifeLight Festival Brings Thousands   story with video  Aug. 30

Labor Day Weekend Travels Increase  story with video  Aug. 30

SD Publishing House Earns Wilder Book  Aug. 30

KDLT News Archive
     

SDSU Loses Sumner, Game To Missouri  story with video

COLUMBIA, Mo. – Missouri used big plays in all three phases of the ...

Harrisburg Stomps Sturgis  story with video

HARRISBURG, S. D.   --  The Harrisburg Tigers shook off a sluggish offensive start to defeat visiting Sturgis ...

Bacone Stuns Northwestern  story with video

ORANGE CITY, IA  --  The Northwestern Red Raiders couldn't hang on to a 27-9 ...

Tyler Starr Makes Atlanta Falcons 53-Man Roster  story with video  Aug. 30

Oregon Coach Respects USD  story with video  Aug. 30

Roosevelt Hangs On For Wild Win Over Brandon Valley  story with video  Aug. 30

Missouri Expects Challenge From SDSU  story with video  Aug. 29

Coyotes & Jacks Aim For Summit Tournament  story with video  Aug. 29

KDLT Sports Stories
     
Back To Top