Tuesday,  October 23, 2012 • Vol. 13--No. 98 • 28 of 43 •  Other Editions

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• The judge has upheld the constitutionality of Moeller's conviction and sentence, but he hadn't ruled on the constitutionality of a South Dakota Department of Corrections execution policy that was changed last year.
• Arkansas attorneys who had been representing Moeller had hoped to press forward with claims that South Dakota's use of the drug pentobarbital in a one-drug

method would inflict cruel and unusual punishment, but his successful request to halt his appeals made that impossible.
• Moeller's new attorney, Mark Marshall, said Monday that the motion to appoint Nichols as a friend in the case appears to be an effort by the Arkansas attorneys to continue to insert their wishes over Moeller's.
• Marshall said Moeller wants the execution to proceed.
• Authorities say Moeller kidnapped O'Connell from a Sioux Falls convenience store, drove her to a secluded area near the Big Sioux River, then raped and killed her. Her naked body was found the next day. She had been stabbed and her throat

was slashed.
• Attorney General Marty Jackley said Moeller has accepted responsibility for his actions and understands the lethal injection process.
• Last week, Eric Robert became only the 17th person to be executed in the state or Dakota Territory since 1877.
• Robert, who pleaded guilty to killing a prison guard, is the first South Dakota inmate to die under the state's new single-drug lethal injection method.
•

McGovern candidacy a cultural landmark
HILLEL ITALIE,AP National Writer

• NEW YORK (AP) -- Abbie Hoffman sobbed that fateful night at the downtown Manhattan apartment of fellow activist Jerry Rubin. So did Rubin and Allen Ginsberg. John Lennon was drunk, and out of control, shouting "Up the Revolution!" in mock celebration of a dream defeated.
• It was November 1972, and George McGovern had just been whipped in a landslide by Richard Nixon.
• McGovern, who died Sunday at age 90, was the earnest son of a minister, raised on a South Dakota farm. He wasn't a longhair and he wasn't charismatic, not a man you'd expect to win the loyalty of rock stars or win the heart of Hoffman, the Yippie prankster who just four years earlier had suggested a pig run for president and said what America needed was nonstop sex in the streets.
• But the candidate's steady liberal principles, and the timing of his run, made

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