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Thread: Dale Wayne Eaton - Wyoming

  1. #31
    Administrator Heidi's Avatar
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    Judge may decide on Eaton execution next year

    A federal judge has given lawyers until early next year to submit written arguments about whether Wyoming's lone death row inmate should be put to death.

    U.S. District Judge Alan B. Johnson wrapped up a two-week evidentiary hearing on Saturday on claims from lawyers representing death row inmate Dale Wayne Eaton. The hearing featured testimony from relatives and mental health professionals about Eaton's background.

    The 68-year-old Eaton was convicted in 2004 of the 1988 rape and murder of 18-year-old Lisa Marie Kimmell, of Billings, Mont. His lawyers don't dispute that he killed her, but claim he didn't get an adequate defense from the Wyoming Public Defender's Office.

    Johnson plans to rule after Eaton's lawyers and lawyers for the state file briefs, the last of which is due in late February.

    http://trib.com/news/state-and-regio...9bb2963f4.html
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  2. #32
    Senior Member Member Johnya's Avatar
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    Wyoming hasn't executed anyone since Hopkinson in 1992...I have a strong feeling that even if this one gets through, he'll end up with a commuted sentence. Hopkinson killed four people, not one.

  3. #33
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    Eaton Lawyers Attack Death Penalty in Hefty Brief

    CHEYENNE, Wyo. (AP) — Lawyers for Wyoming’s lone death row inmate have filed a massive court brief asking a federal judge to overturn his death sentence.

    Inmate Dale Wayne Eaton is challenging the constitutionality of the death sentence he received in 2004 for rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Mont.

    The Wyoming Supreme Court already has upheld the 68-year-old’s conviction but the federal court has put the execution on hold.

    Eaton’s current lawyers don’t dispute that he killed Kimmell in 1988. But they claim he didn’t get an adequate defense from public defenders.

    Eaton’s lawyers filed the 300-page brief in federal court last week. Echoing testimony at a hearing this summer, it claims his defense team didn’t present adequate mitigating evidence of Eaton’s tortured personal history and mental health issues.

    http://k2radio.com/eaton-lawyers-att...n-hefty-brief/

  4. #34
    Administrator Heidi's Avatar
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    Wyo. lawmaker proposes firing squad for executions

    CHEYENNE, Wyo. (AP) — A Wyoming lawmaker is pushing to allow use of the firing squad to execute condemned state inmates if constitutional problems or other issues ever prevented the state from using lethal injection.

    Sen. Bruce Burns, R-Sheridan, said Monday that state law currently calls for using a gas chamber if lethal injection is unavailable.

    "The state of Wyoming doesn't have a gas chamber currently, an operating gas chamber, so the procedure and expense to build one would be impractical to me," said Burns, a member of the Senate Judiciary Committee.

    "I consider frankly the gas chamber to be cruel and unusual, so I went with firing squad because they also have it in Utah," Burns said. He's introduced the bill for consideration in the legislative session that starts Feb. 10 in Cheyenne.

    "One of the reasons I chose firing squad as opposed to any other form of execution is because frankly it's one of the cheapest for the state," Burns said. "The expense of building a gas chamber I think would be prohibitive when you consider how many people would be executed by it, and even the cost of gallows."

    Burns said his bill addressed the possibility that the state could have to find a substitute for using lethal injection because a number of states are running short of the chemicals used for lethal injection.

    In Missouri, for example, the state auditor is undertaking a probe of the Missouri Department of Corrections over its use of a new death penalty drug. That state for years had used a three-drug blend to perform executions until pharmaceutical companies stopped selling those drugs to prisons.

    Missouri has executed two inmates in recent months using the sedative pentobarbital and plans a third execution later this month. The drug comes from a compounding pharmacy in Oklahoma not licensed to do business in Missouri.

    The pace of inmate executions is much slower in Wyoming, which has only one inmate on death row and last executed an inmate in 1992.

    Inmate Dale Wayne Eaton, 68, is challenging the constitutionality of the death sentence he received in 2004 for the rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Mont. The Wyoming Supreme Court already has upheld Eaton's conviction, but a federal court has put the execution on hold for the past several years while it considers his appeal.

    Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C., said Monday he believes Wyoming could face constitutional challenges if it tried to use the firing squad as its only method of execution.

    Dieter said Utah has offered inmates the choice of being executed by firing squad but said the state is phasing out the punishment. He said mandating the use of the firing squad if lethal injection were unavailable, as Burns seeks to do, would be a different matter.

    "That I think would raise concerns in the federal courts, perhaps the state courts, about whether and unusual, perhaps a cruel and unusual punishment is being inflicted," Dieter said. "I don't know how the ultimate ruling would come down, but I think there would be delays as that case got considered and it might even go up to the Supreme Court. This would be unusual. This is not what Utah has done."

    http://www.seattlepi.com/news/articl...ns-5139623.php
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #35
    Administrator Moh's Avatar
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    I hope this'll be an important step toward ending the ridiculous lethal-injection morass throughout the USA.

  6. #36
    Administrator Heidi's Avatar
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    Firing squad off the table in Wyoming

    The Wyoming Senate has voted not to consider a bill to allow the use of firing squads to execute condemned inmates.

    Lethal injection is the method laid out in state law, with the gas chamber as a backup.

    The bill's sponsor, Republican state Sen. Bruce Burns, says states have had trouble getting drugs for lethal injection.

    Wyoming doesn't have a gas chamber and he questioned the expense of building one for infrequent executions.

    The bill would have required approval by two-thirds of senators for introduction. It failed Tuesday on a vote of 17 in favor, 13 opposed.

    Wyoming has one inmate on death row. Dale Wayne Eaton is appealing the death sentence he received in 2004 in the rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Mont.

    http://www.mercurynews.com/nation-wo...-table-wyoming
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #37
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    Psychologist: Man who killed Billings woman isn't intellectually disabled

    A psychologist has determined Wyoming's lone death row inmate doesn't qualify as intellectually disabled.

    Inmate Dale Wayne Eaton was sentenced to death in 2004 for the 1988 rape and murder of 18-year-old Lisa Marie Kimmell of Billings.

    Eaton's lawyers this week filed a report from psychologist Daniel J. Reschly in federal court. Reschly states Eaton's IQ score puts him just above the range that would make him ineligible for the death penalty.

    Eaton's claims that he didn't get an adequate defense at trial are still pending before a federal judge in Cheyenne.

    Eaton's lawyers don't dispute he killed Kimmell. She disappeared in 1988 while driving across Wyoming. Her body was found later in the North Platte River. Investigators later linked Eaton to her killing through DNA evidence.

    http://billingsgazette.com/news/stat...#ixzz30JQTT2bo
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #38
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    Federal judge overturns death penalty for Dale Wayne Eaton, Wyoming's lone death row inmate

    By BEN NEARY
    The Associated Press

    CHEYENNE, Wyoming — A federal judge has overturned the death penalty for Dale Wayne Eaton, Wyoming's lone death row inmate.

    U.S. District Judge Alan B. Johnson of Cheyenne on Thursday stated Wyoming has a choice of either granting a new sentencing proceeding for Eaton within 120 days in Natrona County or keeping him locked up for life without parole.

    The 69-year-old Eaton was sentenced to death in 2004 in state court for the 1988 rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Montana.

    The Wyoming Supreme Court had upheld Eaton's death sentence.

    Eaton's federal lawyers didn't dispute that he killed Kimmell. But they argued Eaton's state defense team had failed to present information to the jury about his tortured background to give jurors reason to consider sparing his life.

    http://www.dailyjournal.net/view/sto...ton-Execution/

  9. #39
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    Lawyers for Dale Eaton oppose new death hearing

    CHEYENNE, Wyo. (AP) — Lawyers for a convicted murderer want a judge to block Wyoming prosecutors from holding a new hearing on whether to reinstate the death penalty against their client.

    U.S. District Judge Alan B. Johnson of Cheyenne last month overturned the death penalty against 69-year-old Dale Wayne Eaton. He was convicted in 2004 of the 1988 murder of Lisa Marie Kimmell, 18, of Billings, Montana.

    Johnson ruled Eaton didn't receive a fair trial because jurors didn't hear personal details about him that might have convinced them to spare his life. Johnson said prosecutors could ask another jury to consider the death penalty for Eaton or he would serve life.

    Eaton's lawyers Wednesday asked Johnson to sentence Eaton to life, saying witnesses who could have testified about his background at trial are unavailable.

    http://www.sfgate.com/news/article/L...ng-5964239.php

  10. #40
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    Casper district attorney files notice to seek death penalty again against Dale Wayne Eaton

    Casper District Attorney Mike Blonigen has filed notice he intends once again to seek the death penalty against a man who had been the only person on death row in Wyoming.

    U.S. District Judge Alan B. Johnson in November overturned the death sentence for Dale Wayne Eaton.

    Johnson gave the state a choice either to hold a new death penalty hearing or allow Eaton to serve life in prison without parole. Eaton's lawyers have asked Johnson to foreclose the death penalty option.

    Eaton was convicted in 2004 of the 1988 murder of Lisa Marie Kimmell, 18, of Billings, Montana.

    Eaton's lawyers don't dispute that he killed Kimmell. But Johnson ruled Eaton's original defense team didn't present evidence about his personal history that might have persuaded jurors to spare his life.

    http://www.tribtown.com/view/story/1...lty-Overturned
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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