BY DIRK LAMMERSAssociated Press

SIOUX FALLS — A federal judge will hear ar-guments next week on whether South Dakota’sone-drug capital punishment procedure is con-stitutional.

Attorneys who represent convicted killerDonald Moeller, who is scheduled to be exe-cuted in late October or early November, con-tend that the method that will likely usepentobarbital violates the constitutional ban oncruel and unusual punishment.

Moeller has said in state court that he’sready to accept death as the consequence ofthe 1990 killing of 9-year-old Becky O’Connell.And U.S. District Court Judge Lawrence Piersolhas upheld the constitutionality of Moeller’sconviction and sentence, but he has yet to rulein the 2004 case on South Dakota’s executionprotocol.

Piersol is scheduled to view the SouthDakota State Penitentiary’s execution chamberThursday morning before a 1:30 p.m. hearing inU.S. District Court in Sioux Falls.

South Dakota has two execution drugs in itsinventory, sodium thiopental and pentobarbital,but its supply of sodium thiopental expires in

September, said Attorney Gen-eral Marty Jackley.

“If you fast-forward to Octo-ber, the relevant issue is pento-barbital,” Jackley said.

Faced with a dwindling ofsupplies of sodium thiopental,most states have turned topentobarbital, a barbiturateused to treat anxiety and con-vulsive disorders such asepilepsy. Pentobarbital sup-

plies also have shrunk after its manufacturersaid it would try to prevent its use in execu-tions.

Moeller’s attorneys, in a July filing, said theywere seeking information on how the state isobtaining its supply of pentobarbital, whetherit’s from an FDA-approved company, how thedrug is stored and how it’s delivered. Nearly allrecent filings in the case have been sealed.

Elijah Page was executed by lethal injectionin 2007, South Dakota’s first execution in 60years. The state now has four inmates on deathrow.

Piersol’s upcoming ruling on the methodcould affect both Moeller and Eric Robert, whois scheduled to be put to death in mid-October

for the 2011 killing of prison guard Ronald “R.J”Johnson.

Jackley said Piersol has given attorneys aroad map on how he would like the argumentsto be tailored. The judge in his order said hewill consider the method’s degree of risk, mag-nitude of pain and the availability of other es-sential protocols.

Piersol said he will also listen to argumentson what alterations would be necessary tomake the protocol constitutional if it’s found tobe unconstitutional.

Deborah Czuba, a Little Rock, Ark.-basedfederal public defender representing Moeller,said she could not comment on the pending liti-gation.

Robert’s co-defendant, Rodney Berget, wasalso sentenced to death, but an order for stay ofexecution was issued in August pending an ap-peal. The state Supreme Court is scheduled tohear oral arguments in Berget’s case Monday.

The fourth man on death row is Charles Rus-sell Rhines, who was convicted in the 1992 fatalstabbing of 22-year-old Donnivan Schaeffer dur-ing the burglary of a Rapid City doughnut shop.His conviction and death sentence was upheldin September, but no execution date has beenset.

Network restrictions apply. Neither Avera Health Plans nor its agents

are connected with Medicare or State or Federal Government.

Call toll-free 1 (877) 322-4885 today!

For a limited time, Avera Health Plans is offering Open Enrollment.**Plan F is starting at $90.70 for females, age 65.

al Medice hav

e supplement plan optioal Medic

our lifns to fit ye supplement plan optio

le our lif

or a limited or a limited FFPlan F is starPlan F is star

al Medicerve see havWWe

o lTToet.and budg

y and asl todaayalc

or a limited FFPlan F is starPlan F is star

vera Health Plvera Health Platime,time, ting atting at $$90.70 for fema90.70 for fema

AA

e supplement plan optioaral Medic

e about our Medicn moro lear

uide fket Gocy and ask about our P

Av H l h Plvera Health PlAAitime, ting atting at $$90.70 for fema

fering Open Efering Open Efffffales, age 65.ales, age 65.ans is ofans is offff

vera HealAAvUnderwritten by

our lifns to fit ye supplement plan optio

ve supplement coare about our Medic

ement.* or Retirde ffo

ou will tation and yhis is a solicitT* sales associate but are under no obligation to purc

fering Open Eg pi fffans is ofl 65ales, age 65.

Enrollment.*Enrollment.***

vera Health Plans

leyylestiffe

,eagerv

era SELECT vAAvalk to an ou will thase. sales associate but are under no obligation to purc

E ll *Enrollment.***

iiNN

-045

either A N.yy.ns applictioestrestrestrk rk rk rorororw

tate or F

ettwN

e or Sarnnected with Medice coar

TSL

ents lans nor its aga Health PervAAv

nment.erval Goedertate or F

lwA

Call t

vera HealAAvUnderwritten by

ing yays connectlw

ee

vera Health Plans

ional health cceptxou with eing yoll-frCall t 1 (877) 322-4885 t

1 (877) 322-4885 t

.earnal health cca

y!oda 1 (877) 322-4885 t

Opsahl–Kostel Funeral Home & Crematory offers a program for those who have lost a loved one and are dealing with grief. Our goal is to assist people through this difficult time. Leading this after care program will be the Rev. Dr. Paul M. Opsahl.

Dates: October 1st October 22nd October 8th October 29th October 15th November 5th

Topics to be covered: The Meaning of Grief

The Normal Experience & Features of Grief Constructive Ways of Handling Grief

The Need To Reach Out and Set Goals Coping with Special Days Grief, the Latter Stages

What does the Future Hold?

Paul Opsahl attended Yankton College and the School of Theology where he earned the degrees of Bachelor of Arts and Bachelor of Theology. He earned a Master of Divinity Degree from Hartford Seminary, Hartford, Conn. His doctoral studies were with McCormick Seminary, Chicago, Ill. He was awarded an honorary degree from Yankton College, where he has served on the Board of Trustees for over 20 years. Rev. Opsahl has over 40 years of pastoral experience, which reflects his concern and compassion for people.

Anyone who has suffered a loss is welcome to join in this program, which will meet on Monday evenings from 7:00-9:00 p.m. at the Opsahl–Kostel Funeral Home & Crematory in Yankton.

Refreshments will be served.

Rev. Dr. Paul M. Opsahl After Care Counselor

Funeral Home & Crematory, Yankton Memorial Resource Center, Tyndall • Memorial Chapels, Tabor, Menno & Tyndall

665-9679 • 1-800-495-9679 • www.opsahl-kostelfuneralhome.com

Healthy Healing Begins Here...

Guiding and serving families with compassion and trust.

Send Recipes To: Press & Dakotan HerVoice Recipes Attn: Cathy Sudbeck 319 Walnut, Yankton SD 57078 or email to: cathy.sudbeck@yankton.net

Deadline: October 16th A magazine by women, about women...for women! For our upcoming Nov./Dec. HerVoice Magazine

We Need Your Holiday Party Food Ideas–

finger foods, snack mixes, appetizers, mini desserts etc. Anything portable & pint size!

Holiday Party Food

Recipes

Share your best work by submitting your recipe to us!

Saturday, 9.29.12ON THE WEB: www.yankton.net

NEWS DEPARTMENT: news@yankton.net2 PRESS DAKOTANthe midwest

Grants Awarded To Combat S.D. CrimeSIOUX FALLS (AP) — The Department of Justice has awarded

more than $5 million in grants to several South Dakota organizationsto improve efforts to combat violence against women and children.

U.S. Attorney Brendan Johnson announced Friday that the organ-izations will receive more $5.4 million in grants. The money will beused to combat domestic violence, sexual assaults against womenand children, and to help other victims of crime.

The organizations awarded the grants include the South DakotaNetwork Against Family Violence and Sexual Assault, Native Ameri-can Community Board, White Buffalo Calf Woman Society, Inc., andthe South Dakota Coalition Ending Domestic and Sexual Violence.

Also, the Native Women’s Society of the Great Plains and theSouth Dakota Department of Social Services were named as grant re-cipients.

Daugaard: Safety Measures Taken With ThreatPIERRE (AP) — Gov. Dennis Daugaard says he doesn’t believe

anything will happen to him or his family following threats made bya Minnesota man as long as precautions are taken.

Daugaard’s statements came a day after authorities announcedthey were seeking 53-year-old William Becker, of Monticello, Minn.,on an arrest warrant. Becker is accused of threatening Daugaard andhis family by phone on Sept. 20.

Since then, state officials have been implementing safety meas-ures.

Daugaard tells KCCR radio that the threats were more specificthan usual. He says the incident has been a “good reminder that it isbetter to be prepared and safe than sorry.”

Neb. Board Approves Methane PlantOMAHA, Neb. (AP) — The Nebraska Power Review Board has ap-

proved an application for a proposed methane power plant north-east of Lincoln.

The Lincoln Journal Star says board members voted 4-0 Thurs-day in favor of the proposal during a meeting in Omaha.

The vote paves the way for Lincoln Electric System to start con-struction on the $12.9 million project. The plant will burn gas pro-duced by decomposing garbage at the Bluff Road Landfill. A networkof wells will capture the gas and transport it to the new plantthrough a 16-inch-wide underground pipeline.

The 4-megawatt plant is expected to generate enough electricityfor about 4,000 homes per year. It’s expected to begin running in2013.

Inmate Breaks Window At Rapid City CourtRAPID CITY (AP) — Authorities in Rapid City say a 21-year-old in-

mate in full restraints broke a window and resisted a sheriff’sdeputy Friday after his sentencing.

The Pennington County Sheriff’s Office says John Shaw Jr. wastransported to a Rapid City hospital for injuries sustained frombreaking the window.

A deputy was transporting Shaw from a court hearing on the firstfloor of the courthouse Friday morning when he broke a window inthe corridor as he departed the courtroom.

Police say that several other people became involved in the dis-turbance and two others were arrested.

No other injuries were reported.Shaw was being sentenced on charges of aggravated assault, dis-

charge of a firearm at a structure or vehicle, reckless discharge of afirearm while intoxicated and grand theft.

USAF To Pay $12,800 For Neb. Tank ViolationsLINCOLN, Neb. (AP) — The U.S. Air Force has agreed to pay a

$12,800 fine for an apparent leak in an underground diesel tank inwestern Nebraska, as well as other environmental violations.

An Environmental Protection Agency spokesman said Friday thatthe violations occurred at Air Force facilities in Banner, Cheyenneand Kimball counties in western Nebraska.

The agency says the agreement requires the Air Force to conducta “tank tightness” test to determine if one of its tanks is leaking. TheAir Force is unable to account for nearly 1,500 gallons of diesel fuelthat was in that tank.

Regulators say other violations included a failure to provideoverfill protection for an existing tank, failure to conduct annual in-spections, and failure to report a suspected leak.

Court To Hear Appeal OfFormer Tribal Chairman

MITCHELL (AP) — A federal ap-peals court will hear argumentsnext month in a former CrowCreek Sioux Tribe chairman’s ap-peal of his convictions for briberyand conspiracy.

A federal jury convicted DuaneBig Eagle in August 2011 of twocounts of conspiracy to bribe atribal official and one count of aid-ing and abetting the bribery of atribal official.

Big Eagle was sentenced tothree years in prison for a schemein which tribal officials were re-warded for giving contracts to con-struction companies for buildingsat the tribe’s central South Dakotaschool.

The Daily Republic of Mitchellreports that the 8th U.S. CircuitCourt of appeals will hear BigEagle’s appeal in St. Paul, Minn.

Lincoln Man Pleads NotGuilty To Fatal Stabbing

LINCOLN, Neb. (AP) — A 27-year-old man has pleaded notguilty to charges that he fatallystabbed another Lincoln man.

The Lincoln Journal Star says atrial date hasn’t been set yet forJoshua Albright, who entered hisplea earlier this week.

Albright is charged with sec-ond-degree murder, accused ofstabbing 30-year-old BenjaminMiller on Aug. 10 in front ofMiller’s home. Miller was pro-nounced dead later at a Lincolnhospital.

Prosecutors suspect the con-frontation was over a woman bothmen had dated.

S.D. Man Pleads NotGuilty To Child PornRAPID CITY (AP) — A Rapid

City man has pleaded not guiltyto charges that he possessedchild pornography.

KOTA-TV reports that 34-year-old Abraham Davila is chargedwith six counts of possessing, dis-tributing or manufacturing childpornography.

He could face up to 90 years inprison if convicted of the charges.

ABERDEEN (AP) — A long-de-layed South Dakota beef-process-ing plant is ready for a test run, anindication it is making progress to-ward opening.

Aberdeen city officials have is-sued Northern Beef Packers a tem-porary certificate of occupancy,which will allow the plant toslaughter up to five cattle to testits equipment, the Aberdeen Amer-ican News reported.

Brett Bill, Aberdeen planningand zoning director, said the plantwould need a permanent certificateof occupancy and some other per-mits before it can begin full pro-cessing.

Land for the $109 million plantwas secured in 2006, but numerousproblems — financial issues, law-suits, local opposition, delinquentproperty taxes, liens, flooding, aneconomic downturn — have re-peatedly pushed back the openingdate.

The plant on Aberdeen’s southside will initially process about 200cattle a day, eventually ramping upto 1,500 head a day from the Dako-tas, Nebraska, Iowa and Minnesota.

Bill said Aberdeen building in-spectors have been at the plantdaily for the past month to assistcrews with questions about build-ing code requirements. The planthas made substantial progress in

construction and equipment instal-lation, which was required to re-ceive the temporary certificate ofoccupancy, Bill said. The plant hasmet the necessary health andsafety requirements, he said.

Robin Bobzien, Aberdeen’s pub-lic works director, said NorthernBeef has all the water hookups inplace. The plant has not yet com-pleted all the necessary testing forwastewater or received its waste-water permit, but the processing ofa few head of cattle does not re-quire that permit, he said.

“As long as they are not dis-charging anything into the citywastewater system, we don’t havean issue,” Bobzien said.

The newspaper reported that acheck of the Brown County Regis-ter of Deeds office Thursdayshowed that the beef plant has sat-isfied 16 liens totaling $1.85 million.In the past, Northern Beef has notpaid all its contractors. The liensthat have been released were allfrom this year.

The plant still has other liensagainst it, of which at least one isin the court system.

At a job fair Sept. 18, a beefplant official reported that 258 em-ployees are on the payroll. Officialshave said the plant will need 250employees to open, but it eventu-ally will employ 650.

Beef Plant May ConductTest Slaughter Soon

Judge Set To Hear ArgumentsOn S.D. Execution Protocol

Moeller