Thursday afternoon, the judge in Donald Moeller's case did not rule on a request to dismiss Moeller's challenge of South Dakota's death penalty.
But 60 year old Moeller finally admitted in his own words that he kidnapped, raped and killed 9 - year - old Becky O'Connell more than 20 years ago.
He told the judge that what he did was evil and that he has to pay for it.
The proceedings became mired in a series of bizarre motions that pit Moeller's state court lawyer against Arkansas - based public defenders arguing the federal case.
The Arkansas lawyers contend that South Dakota lethal drug cocktail violates the constitutional ban on cruel and unusual punishment.
Moeller is to be executed in late October or early November in the 1990 killing.