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Eaton attorneys seek to delay execution


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Attorneys representing Wyoming's lone death row inmate have filed a motion with the state supreme court to delay his Dec. 19 execution.

The motion, filed Friday on behalf of Dale Wayne Eaton, asked for the stay pending future legal proceedings, said Tina Kerin, appellate counsel for the state Public Defender's Office. Eaton was convicted four years ago of the 1988 kidnapping, rape and murder of Lisa Marie Kimmell.

Eaton's attorneys will be filing a petition with the U.S. Supreme Court and will also seek legal relief in the state court system, Kerin added.

A copy of the motion to stay the execution was unavailable Monday because the Wyoming Supreme Court was moving to another building.

Attorneys filed the motion less than two weeks after a Natrona County district judge set a formal date for Eaton, 63, to be put to death. The Wyoming Supreme Court rejected Eaton's appeal in August and directed the trial court to set a new date for his execution.

However, it remains likely that date will be pushed back as Eaton's attorneys seek relief in multiple legal venues. Natrona County District Attorney Michael Blonigen earlier this month estimated the legal process surrounding Eaton's death sentence is less than halfway through.

The case itself is already two decades old. Kimmell, 18, disappeared in 1988 while driving from Colorado to Cody. Fisherman found her body floating in the North Platte River eight days later.

She had been sexually assaulted, hit in the head and stabbed before being thrown from Government Bridge near Highway 220.

Prosecutors, with the help of DNA evidence, charged Eaton with her murder in 2003. A jury convicted him and sentenced him to death the following year.

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


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Comments to this story.

Someone Who SUPPORTS the Death Penalty wrote on Oct 28, 2008 6:59 AM:

" Let the ba...rd BURN in the flames of Hell! Don't let this waste of space & air have one more Christmas...he sure didn't allow the Kimmell family the chance of having any days...Holidays, Birthdays, Wedding Day, Birth of a Grandchild Day(s)...etc, with their daughter. Let him die...the shot is too good for him...one fingernail, one poke with a sharp stick at a time...just like the torture that he performed on Lisa!!! "

sadieladie wrote on Oct 28, 2008 9:01 AM:

" This is why they claim it cost more to execute, because these scum bags are given the right and the means to appeal every sentence that is handed down. He deserves nothing better than what he gave Lisa ! I seriously doubt that he feels any remorse for what he did. He will never be a productive part of society again,( if he ever was one) So why waste the time, effort and money trying to prolong his sorry life. Let Lisa's family and friends have at him I'm sure they would get the job done a lot sooner and less expensive! "

coco wrote on Oct 28, 2008 3:10 PM:

" ONCNE AGAIN THE TAX PAYERS ARE GOING TO PAY TO KEEP SOMEONE ALIVE THAT DIDNT CARE ABOUT THE LIFE THAT HE TOOK FROM ANOTHER HUMAN BEING. I SAY EXECUTE HIM IMMEDITETLY.I CAN THINK OF FAR BETTER THINGS THAT WE SHOULD BE PAYING FOR THAN KEEPING AN ANIMAL LIKE THAT ALIVE, A DOG BITES SOMEONE AND HE IS PUT DOWN. WHATS THE PROBLEM HERE? "

oldmunchkin wrote on Oct 28, 2008 8:03 PM:

" Why are they allowing this man to have a stay of execution? He didn't give Lisa Marie Kimmell any chance of a stay of execution. I don't always agree with the court system, but in this case they got it right. Now, if this judge is smart and refuses the stay, things will be ok. But we all know that isn't going to happen. We taxpayers are going to be paying for this sicko for a long time to come. I, for one, resent that fact. "

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