Federal court overturns death penalty for eaton; ag considers appeal casper trib.com electricity and magnetism ppt

#####

I was allowed to watch this trial in person, and I must say that the evidence provided was sufficient for the death penalty judgement to be reached. Now, I believe the original conviction should stay because, he was caught because he was bragging about the crime to another inmate while serving time on an unrelated charge. This means the man was just as proud of his bad deed when he got caught as the day he did it. That deserves justice by itself. There are statements speaking about his representation or lack there of during the trial, and just because two types of lawyers are suggested, it is not a requirement. I also find that people, when incarcerated, come up with all sorts of reasons why they should not be there, how it isn’t their fault they committed some terrible crime. Placing the blame on some other person or situation, in this case prior abuse. I think it’s a cheep excuse, and most of all a lie, trying to plant a seed of sympathy where one is most definitely not warranted. All that being said, why on earth would we want to abolish the death penalty?! Really, if we focused on the conviction given and followed through with our decisions in a swift manner none if this would be relevant. Tax payers would not be paying for a killer, a raper, a person who would brag about ripping families apart, to live work free, in a heated prison with free food, electricity, cable, video games, and many other comforting items. The system we use has the what, right to say death, but not the Gaul to do so? If we gave the actual punishment deserved, perhaps other would not be so quick to follow in his footsteps.

As a member of this jury and an special educational professional I am sickened to hear of this decision. The jury listened carefully to all evidence. Evidence that Eaton has an IQ of 81. Evidence that Eaton’s father did abuse him specifically one incident of hitting him with a beer bottle. That Eaton had a failed marriage. That Eaton was a recluse. The members of the juror discussed over and over these pieces of evidence. A few members said that they had been abused as children, others admitted that they had struggled in school and some said they’d experienced both. Yet they could never commit such a crime. In the end the jurors unanimously decided that Dale Eaton was deliberate, calculating, and particularly heinous in the murder of Lisa Marie Kimmel. My decision 10 years ago came at a cost, I had to explain to my 10 and 11 year old daughters the reason I voted to put this man to death. I had to reconcile my faith that Dale Eaton deserved to die for the horrendous death he lead Lisa, that 18 year girl to after days and days of rape and beatings. My heart breaks for her parents and family to hear that all they have endured is not going to come to a close with the decision that was made 10 years ago. The trial they sat through, hearing the horrors that Lisa went through described in detail and seeing pictures of their daughter’s body mutilated day in and day out for over 3 weeks. I knew, as a juror, Eaton’s whole life history and felt his attorneys represented him well. I made the decision with full understanding and I would do it again today. Dale Eaton is an evil man.

First, it condemns Ken Koski who was a terrific attorney and passionate advocate of the people for making very difficult decisions about budget allocations. Unfortunately, the state does not have unlimited resources which it can use to pursue every claim of ineffective assistance of counsel (which every person who is found guilty claims).

Second, this order requires that the Seventh Judicial District Court appoint not one but two attorneys experienced with death penalty cases, and must draw from a pool outside any attorneys associated with the state public defender’s office. I’ll tell you right now, that pool is not only small, but it is bone dry. There is no one in the state of Wyoming who meets these qualifications. Some may claim to do so, but their motives might be suspect, which relates to the third very troubling aspect of this order.

Third, this order claims that the public defender’s office did not spend enough money defending Mr. Eaton. Budget restrictions aside, this order is essentially saying that whatever private defense attorneys pick up this case not only can, but MUST expend large amounts of money defending this case. While the order does not specifically address who will be fitting the bill, I can assure you it won’t be Eaton. No, it will be the state of Wyoming; it will be the tax payers. The Judge in Casper will be forced to appoint two out-of-state attorneys to re-try the sentencing portion of this case, and most likely will have to reopen discovery, and the out-of-towners will have a feeding frenzy.

This order is certainly troubling, for many reasons. I sincerely hope that the state stipulates to life in prison without possibility of parole. Otherwise the state is going to be expending a LOT of money that could be used so much better elsewhere.