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Attorney General Marty Jackley

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Moeller Case Update: “Next Friend” Requests Appellate Court To Dismiss Appeal


FOR IMMEDIATE RELEASE :  October 24, 2012
CONTACT:  Sara Rabern (605) 773-3215 


Moeller Case Update: “Next Friend” Requests Appellate Court To Dismiss Appeal; ACLU files Notice of Appearance and Request for Protected Documents


PIERRE, S.D. –  Attorney General Marty Jackley announced today that Donna Nichols has asked a federal court to dismiss an appeal seeking to stay the execution of Donald Moeller.  Moeller is scheduled to be executed next week for the 1990 murder of 9-year-old Rebecca O’Connell.  Nichols sought to stay Moeller’s execution so that further challenges could be brought to South Dakota’s lethal injection protocols.  Nichols was appealing yesterday’s ruling from the District Court denying her request for a stay.  The State has filed a response agreeing to the dismissal. 

Shortly after Nichols asked the appellate court to dismiss her case, the American Civil Liberties Union (ACLU) filed a notice of appearance and a request for the trial court to unseal certain documents containing information about execution personnel and drug sources.  “The requested information is shielded under a Court Order and State Law protecting the anonymity and safety of certain persons involved in executions,” stated Attorney General Jackley.