sioux falls, sd
An attorney appointed to represent convicted killer Donald Moeller has told a federal judge that Moeller wants nothing done to delay his execution.
Moeller was convicted in 1997 for the rape and killing of Becky O'Connell. Last month, circuit court Presiding Judge Kathleen Caldwell set Moeller's execution for between Oct. 28 and Nov. 3, with the exact date and time up to prison officials.
The warrant for execution comes despite a pending 1983 federal lawsuit to which Moeller is adjoined arguing the state did not follow procedures in setting its execution method.
In a letter sent to Judge Lawrence Piersol last week, attorney Mark Marshall says Moeller asks the federal court not to stay his execution and notes Moeller has not authorized anyone to seek any form of executive clemency.