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Attorney General Marty Jackley

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Hearing Set in Moeller Case to Request Execution Date

FOR IMMEDIATE RELEASE :      Friday, July 13, 2012 
CONTACT:    Sara Rabern,  (605) 773-3215 

Hearing Set in Moeller Case to Request Execution Date

PIERRE, S.D.  –  Attorney General Marty Jackley announced today that a Warrant for Execution hearing has been set in the Donald Moeller case for July 18, 2012 at 11:00 a.m. at the Minnehaha County Courthouse.

The Attorney General has requested the execution date to be set within 90 to 120 days.

Attorney General Jackley anticipates being available at the completion of the hearing to answer any questions.

On May 21, 1997, Moeller was convicted for the second time for the rape and premeditated murder of 9-year-old Becky O’Connell that occurred on May 8, 1990, in Lincoln County.  He was subsequently sentenced to death by the same jury. His conviction and sentence were affirmed by the South Dakota Supreme Court on August 30, 2000.  Thereafter, he filed for habeas corpus relief in State Circuit Court. That petition was denied.  The South Dakota Supreme Court affirmed the denial of state habeas on October 4, 2004.  Moeller filed for federal habeas relief on Dec. 14, 2004.  The Federal District Court Judge Lawrence Piersol denied habeas relief on April 9, 2010.  In November 2011, Eighth Circuit Court of Appeals denied Donald E. Moeller’s petition for rehearing and his request for a rehearing en banc. On June 4, 2012 that the United States Supreme Court affirmed Donald Eugene Moeller’s conviction.