The Rapid City Journal reporting that the state never discovered the problem with its lethal injection laws. It was Mark F. Marshall, the attorney for convicted Donald Moeller, who filed a legal argument pointing out the problem.
This is going to be a huge embarassment for Rounds and his administration. That is especially ironic since Rounds was hours away from a successful execution and a political victory (since most South Dakotans support the death penalty). It now appears Rounds will be answering questions through November about how he botched this execution.
The Argus Leader is already condeming Rounds (big surprise) in today's editorial... and they weren't aware yet of Marshall's role in bringing the problem to light. They credited the Attorney General with spotting the problem in state law. Once they learn that it was Marshall who brought the information forward...they will be foaming at the mouth.
The criticism will be deserved. This appears to be a huge failure on the part of Governor Rounds and Attorney General Larry Long.
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