SD awaits Supreme Court on Rhines execution

(MGN/SD Department of Corrections)

PIERRE, S.D. (AP/KEVN/KOTA TV) - South Dakota officials say the scheduled execution of a man who killed a co-worker at a doughnut shop may be delayed as they await action from the U.S. Supreme Court on three appeals.

Charles Russell Rhines was scheduled to die by lethal injection at 1:30 p.m. Monday for the 1992 slaying of 22-year-old Donnivan Schaeffer in Rapid City.

But the state attorney general's office said it won't carry out the execution before the Supreme Court is heard.

Rhines is arguing that the state's choice of drug doesn't act quickly enough. He's also arguing that the jurors in his case gave him the death penalty because he is gay - an argument the high court previously rejected. And he's arguing he hasn't been given access to experts to be examined for cognitive and psychiatric impairments.

Original story

The South Dakota Supreme Court has denied another appeal by Charles Russell Rhines; who is trying to avoid being executed Monday at 12:30 p.m. (MT).

Rhines was attempting to get a preliminary injunction and stay of execution. His defense team has now appealed this decision to the U.S. Supreme Court.

Rhines is set to be executed for the murder of 22-year-old Donnivan Schaeffer in 1992 during a burglary at a Rapid City doughnut shop.

South Dakota Attorney General Jason Ravnsborg said his office is in contact with the U.S. Supreme Court, waiting for decisions on two petitions.