CHEYENNE, Wyo. (AP) - Lawyers for Wyoming death row inmate Dale Eaton have filed a 300-page petition in federal court contending he didn't get a fair trial. Eaton was sentenced to die for the 1988 rape and murder of 18-year-old Lisa Marie Kimmell, of Billings, Montana.
A DNA test tied Eaton to the crime and investigators unearthed Kimmell's car on his property. Among other issues, Eaton's appellate lawyers argue that trial defense lawyer Wyatt Skaggs failed to investigate Eaton's background and didn't tell the jury about Eaton's tortured childhood and history of mental illness. Skaggs declined comment on Friday. The Wyoming Attorney General's Office will file a response to Eaton's petition. Attorney General Bruce Salzburg declined comment.