A Wyoming judge is considering appointing lawyers to represent inmate Dale Wayne Eaton in a possible new death penalty hearing even as a federal judge considers whether the state has forfeited standing to seek to execute him.
U.S. District Judge Alan B. Johnson of Cheyenne last fall overturned Eaton’s death sentence in the 1988 slaying of 18-year-old Lisa Marie Kimmell of Billings, Montana. Johnson ruled Eaton didn’t receive an adequate defense.
Johnson is considering whether the state may again seek to execute Eaton even though the state failed to follow Johnson’s order last fall to appoint new attorneys within 120 days.
District Judge Daniel L. Forgey of Casper held a hearing Tuesday on a request from Casper District Attorney Michael Blonigen to appoint lawyers for Eaton. Forgey didn’t rule immediately.