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.
Reader Comments
Comments to this story.
move on wrote on Aug 19, 2008 7:57 AM:
He did the crime now do the rest. "
hammertime wrote on Aug 19, 2008 8:00 AM:
ljames wrote on Aug 19, 2008 8:32 AM:
upset wrote on Aug 19, 2008 9:20 AM:
Sad wrote on Aug 19, 2008 9:28 AM:
Get it done wrote on Aug 19, 2008 11:18 AM:
Jimmy wrote on Aug 19, 2008 12:39 PM:
Oscar wrote on Aug 19, 2008 3:44 PM:
Safe Wyoming wrote on Aug 19, 2008 3:45 PM:
good lord wrote on Aug 19, 2008 3:46 PM:
Sad wrote on Aug 19, 2008 4:20 PM:
Frannie wrote on Aug 19, 2008 4:33 PM:
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:
ljames wrote on Aug 19, 2008 6:14 PM:
Kathi wrote on Aug 20, 2008 11:12 AM:
Eunice wrote on Aug 20, 2008 1:51 PM:
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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