SIOUX FALLS, S.D. (KELO) — South Dakota’s Attorney General was in Federal court today in Sioux Falls fending off arguments from lawyers for Briley Piper. Piper is currently the only person on the state’s death row.
He was not in court today but his lawyers were doing what they could to keep him from being executed.
25 years after Briley Piper and two others tortured and murdered Chester Allan Poage in Spearfish Canyon, Piper is waiting to be executed.
“This death penalty sentence was made by South Dakota citizens, 12 citizens after hearing all the evidence made the determination this is what the facts justify and the judge has looked at the law,” said Jackley.
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Today at the Federal Courthouse in Sioux Falls Piper’s lawyers questioned the constitutionality of the death penalty and brought up evidentiary matters including jurors making comments and testimony from a jailhouse informant. The victim’s mother was in the courtroom listening to the proceedings, bowing her head as a lawyer referenced the final blow that killed her son.
“I have talked to Dotty many a time regarding her and her son’s case, obviously this is a very difficult matter, she’s been living this for 25 years,” said Jackley.
Jackley says the claims by Piper’s lawyers have already been heard and rejected by a trial judge and the South Dakota Supreme Court and it is time to move this case forward.
“Which is why I authorized the motion to dismiss all remaining claims, move this matter to the 8th Circuit Court of Appeals, we are fine with a certificate of appealability of all these issues, because we feel strongly in our positions and we feel this case needs to move forward after 25 years,” said Jackley.
The judge expects to make a ruling by the end of March.
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