10/22/2012 17:50 FAX

RX DatelTime 4:04-cv-04200-LLP Document 399 Filed 10/23/12 Page 1 of 3 PageID #: 9927 10/22/2012 18:52 16057215867 Case P.002 16057215867 NOONEY SOLAY&VAN NORMAN III 0021004

NO. 04.4200

FILED

OCT 232012

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION DONNA NICHOLS ex reI. DONALD MOELLER, Plaintiff,

~~

v.
DOUGLAS WEBER, et aI., Defendants AFFIDAVIr OF DONNA NICHOLS STATE OF SOUTH DAKOTA COUNTY OF PENNINGTON ) ) SS )

Having been duly sworn, your affiant states as follows: 1. My Attorney, Robert Van Norman asked that I prepare this affidavit to supplement the hearing records from October 22,2012. 2. I am the natural daughter of Agnes Becker. 3. Agnes Becker was married to Glen Becker, the only father that Donald Moeller ever knew. 4. Don referred to Glen Becker as "dad."

S. Asnes Becker took on the role of step mother to Donald Moeller.

6. I consider myself to be the step sister of Donald Moeller.
1

10/22/2012 17:50 FAX

Case RX DatelTime 4:04-cv-04200-LLP Document 399 Filed 10/23/12 Page 2 of 3 PageID #: 9928 10/22/2012 18:52 16057215867 P.003 18057215887 NOONEV SOlAV&VAN NORMAN III 003/004

7. I often took my mother to visit Don at the South Dakota State Penitentiary.

8. I would participate in visits with Don along with my mother on those

occasions.
9. I visited Don in the fall of 20 11.
10.1 have been unable to visit Don recently due the critical illness of my

husband, the subsequent death of my husband in February, 2012 and two hip surgeries in the summer of2012.
I I.Don often spoke about the horrible living conditions at the penitentiary. He

spoke of the small spaces and inmates screaming all night, making it impossible for him to sleep. He also told me that inmates would throw wine at each other.

12.1 am aware that during times that Don was brought from his cell for visits
with us, he would receive threats from other inmates and would be called derogatory names that related to his crime. 13.Since the time ofDon's conviction, he has been vigorous in his appeal efforts. 14.My mother and I were shocked when we learned ofDon's decision to end his appeals and felt that the decision had been made suddenly. 15.! have written to Don since I learned ofhls decision to end his appeals and be executed.
2

10/22/2012 17:51 FAX

Case P.004 RX Date/Time 4:04-cv-04200-LLP Document 399 Filed 10/23/12 Page 3 of 3 PageID #: 9929 10/22/2012 18:52 16057215867 It! 004/004 16057215887 NOONE V SOLAV&VAN NORMAN

16.1 have made the decision not to see Don since he very recently has ended his appeals as I feel it would be too difficult for me to visit with him, knowing that it may be the last time I see him.
17.1 have discussed with my mother her concerns that Don is not making an

informed decision. She is concerned that Don s mental state has

t

deteriorated causing him to end his appeals and be executed. I agree with my mother. It is our opinion that Don is simply giving up and trying to die when human nature is to live. Dated this ;; 3 day of October, 2012.

Donna Nichols

SUBSCRIBED AND SWORN to before me this

2012.

,)..31.1)

day of Octoher,

Notary Public - State 0f'SUthDakota My Commission Expires: $---.J (J / 1

1'-1

(SEAL)