A woman with loose family ties to South Dakota death row inmate Donald Moeller is asking a federal court to stop his upcoming execution.
Moeller was convicted for the 1990 kidnapping, rape and murder of Becky O'Connell, 9.
He recently asked a federal judge to dismiss his appeals and let him die.
Donna Nichols, whose mother married Moeller's stepfather, says Moeller wasn't psychologically qualified to dismiss his appeals.
Monday morning attorney Robert Van Norman asked U.S. District Judge Lawrence Piersol to issue a stay and appoint Nichols as a friend of the court.
South Dakota Attorney General Marty Jackley says all due process has been followed, and the family of the victim is eager for some resolution.
"Tina's coming back to see the execution and I think that we've really exhausted the necessary due process that the state has demonstrated in the Eric Robert sentence, and that we can proceed with a constitutionally sound and humane execution," said Jackley.
Moeller's execution is set for the week of October 28.
His attorney, Mark Marshall, says the 60 – year - old inmate wants the execution to proceed.