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Wyo Supreme Court rejects Eaton appeal


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The Wyoming Supreme Court on Monday denied the appeal of Dale Wayne Eaton, Wyoming's lone death-row inmate, who was convicted of the 1988 kidnapping, rape and murder of a teenager.

In a unanimous ruling, the justices affirmed Eaton's 2004 conviction and death sentence, while rejecting his motion for a new trial.

Eaton's attorneys asserted, among other things, that his trial counsel offered ineffective assistance, that he was not competent for trial and that jury selection was unconstitutional. The justices, however, said they were satisfied that evidence in the case supported the jury's findings and that the death penalty was not imposed "under the influence of passion, prejudice or any other arbitrary factor."

At trial, Eaton's attorney, Wyatt Skaggs, admitted to jurors his client raped and killed Lisa Marie Kimmell, an 18-year-old woman who was driving from Denver to Billings, Mont., when she disappeared on March 25, 1988. Fishermen found her body in the North Platte River eight days later. She had been stabbed multiple times.

While conceding Eaton's guilt at trial, Skaggs asserted Kimmell's killing was not premeditated and that a second-degree murder conviction was more appropriate. That strategy, according to the justices, was designed with the intent of saving Eaton's life.

In his appeal, Eaton maintained the theory was unrealistic and really conceded guilt to first-degree murder -- eliminating any real chance for success.

The justices disagreed, concluding the trial strategy did not constitute ineffective counsel.

"Our experience tells us that juries have minds of their own, and a theory such as that propounded by the defense team was as good as anything we can think of, given the circumstances of the case," the justices wrote, adding that Eaton's appellate attorney did not offer a more compelling theory that could have been offered to jurors.

During the trial, Eaton made multiple outbursts. In one incident, he cursed in front of the jurors after his defense decided not to cross-examine a witness. The justices found those outbursts, along with the fact that Eaton was generally an uncooperative client, did not suggest he wasn't competent for trial.

Prosecutors did not charge Eaton with Kimmell's murder until roughly 15 years after her body was found, when DNA linked him to the killing. Authorities later found Kimmell's car on property he owned near Moneta.

Reach crime reporter Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.


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There are 16 comment(s)

Comments to this story.

move on wrote on Aug 19, 2008 7:57 AM:

" Let's get him in the chamber and get this over with before we have to pay more for his well being.

He did the crime now do the rest. "

hammertime wrote on Aug 19, 2008 8:00 AM:

" I think they ought to do what Texas has been doing EXECUTE him for what he has done. I bet this would stop alot of this madness !!! "

ljames wrote on Aug 19, 2008 8:32 AM:

" This sorry excuse for a human being never deserved to breathe air again...I can't believe that us taxpayers have to support such a sorry piece of #&%*!!! I remember the search for Lisa Marie Kimmell and the fear I felt for my daughters and II for one wish that he would have received the death penalty for what he did to this pretty young girl! Second Degree Murder??? BS!!! "

upset wrote on Aug 19, 2008 9:20 AM:

" i can't believe that eaton would even try to get an appeal, just ridculious. no one in this state wants him even alive. so he should just give it up "

Sad wrote on Aug 19, 2008 9:28 AM:

" Whether Eaton deserves to die (he clearly does) does not answer for me whether our great State of Wyoming, meaning each and every one of us, should kill him. "God, grant me mercy, not justice." If I am murdered, please do not murder my killer in return. Eaton is one step closer to getting what he deserves. Each one of us is one step closer to having his blood on our hands. Ms. Kimmell is still gone. Rest in peace. "

Get it done wrote on Aug 19, 2008 11:18 AM:

" Kill him and be done with it. He got the sentence for a reason; permanent removal from the society that he has wronged and has proven that he cannot function in, and is a danger to. Keeping him alive only punishes that same society that he wronged since we are all now paying to feed, cloth, house and entertain him while he remains alive. Kill him. "

Jimmy wrote on Aug 19, 2008 12:39 PM:

" Sad The fact that you lack moral courage doesn't mean that the rest of us do too. If you feel bad then you pay for his stay in prison for as long as that may be. Yeah, I didn't think you'd like that much either. You can't have it both ways. Life is tough and it requires courage to make the hard calls. "

Oscar wrote on Aug 19, 2008 3:44 PM:

" Why doesn't the US government protect its citizens for foreign threats as well and successfully as China does? "

Safe Wyoming wrote on Aug 19, 2008 3:45 PM:

" What a sorry excuse for a human being. I remember what this case did to the community of Casper and the sadness and fear it brought. If you can't find anyone to pull the switch, I'll volunteer. Mr. Eaton had a chance to live free and enjoy life. He blew it! "

good lord wrote on Aug 19, 2008 3:46 PM:

" We all pray that the good lord gives this man what he diserves. Man can only do so much. He will get his final judgment day and it is not going to pretty! Thank the lord! "

Sad wrote on Aug 19, 2008 4:20 PM:

" Jimmy, would it require more "moral courage" to kill Eaton or not kill him? As for costs, have you considered that State after State has concluded that execution is more costly overall than life imprisonment without parole? I respect your opinion, but I believe differently. "

Frannie wrote on Aug 19, 2008 4:33 PM:

" More holy-roller hooie from Sad and Good Lord.

You know what, we have no idea what will befall this guy after death. Probably nothing but decomposition.

But, we can control what happens to him in this life and how long that life is.

Stop with your fairy tale BS. He needs to be put to death here, on this earth during this life.

Spout your made up verses to someone that cares to hear them. "

Fry em and burry em wrote on Aug 19, 2008 5:29 PM:

" Sad: That theory is ridiculous . "it costs more to execute than it does to keep him in prison for the rest of his life" Are you kidding me . That sounds like more liberal BS that someone is force feeding you. 1- 22 bullet cost less than a penny and a descent burial with a Cat D9 maybe $75 in fuel. Put his Ass in the same hole Lisa Marie's car was in after he raped her over and over for the course of a week. You make me sick!!! GEEEE I wonder how you will vote today? "

ljames wrote on Aug 19, 2008 6:14 PM:

" Sad...I see that if you are murdered you would choose not to have your killer executed. Put yourself in the Kimmell's shoes and then consider what your family would do...I would just about bet my life that they would want justice done...this means that they would more than likely want the killer of you...their son or daughter, brother or sister put to death. I have never seen anything that says that it costs more for an execution. A bullet is really cheap! "

Kathi wrote on Aug 20, 2008 11:12 AM:

" TO Sad, you stated "God grant me mercy; not justice" ok, on your statement, what happen to "an eye for an eye" he raped and took life away from that young girl. He was not insane as he is trying to state. He knew what he was doing or he wouldn't have taken all that time to bury her car on HIS property. I personally do not want to support this low life poor excuse for a human any longer. You don't wanna give him the chair because of torture, fine, give him an infection and let him go to sleep peacefully. This man needs to either get the chair or be shipped to Iraq searching for land mines. Easy solution. "

Eunice wrote on Aug 20, 2008 1:51 PM:

" Oscar, We don't even protect our own citizens from domestic threats very well.

The government subjectively ignors many laws on the books out of PC cowardice. Immigration is one fine example, so was the special treatment that the rainbow fools got here in WYO recently.

If you want protection, procure a firearm, seek training in its safe use, and become proficient with that firearm. Only routine practice makes perfect and maintains that perishable skill.

That is your only hope at safety in the politically correct and more dangerous by the day US of A.

And, with the potential for a President Obama and a Speaker Pelosi, you had better get that firearm and lots of ammo for it soon before you cannot and the socialist ideas of theirs become laws letting all the criminals run free while you and I are taxed into the stone age. "

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