Donald Moeller is expected to appear in federal court Thursday afternoon in what could be his final court appearance before he's executed. Moeller, who was sentenced to death for killing Becky O'Connell in 1990, has been challenging South Dakota's lethal injection procedures in US court for nearly eight years.
Just days ago Mark Marshall, the attorney for Donald Moeller in his state cases, made a federal filing asking that the challenge to South Dakota's death penalty procedures be dismissed.
Marshall represented Moeller back in July when his execution date was set and when Marshall said that Moeller now accepts the death penalty as the consequence of his actions.
But Moeller's public defender from Arkansas who has been representing him in federal court has made a filing saying that Marshall can't represent Moeller in this case since it is in US Court.
Federal Judge Lawrence Piersol has asked Moeller to personally appear in court at 1:30 p.m. to ask whether he agrees with the dismissal of the challenge and whether he understands that dismissing the lawsuit will clear the path for his execution later this month.
We'll be there as Moeller addresses the court and bring you the details on tonight on KELOLAND News.