Eaton v. Wilson, Case No. 09-CV-261-J

• Court: United States District Courts. 10th Circuit. District of Wyoming
• Writing for the Court: ALAN B. JOHNSON UNITED STATES DISTRICT JUDGE
• Decision Date: 20 November 2014
• Parties: DALE W. EATON, Petitioner, v. EDDIE WILSON, Warden, Wyoming Department of Corrections State Penitentiary, Respondent.
• Docket Number: Case No. 09-CV-261-J

DALE W. EATON, Petitioner,
v.
EDDIE WILSON, Warden, Wyoming Department of Corrections
State Penitentiary, Respondent.

Case No. 09-CV-261-J

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

November 20, 2014

ORDER GRANTING CONDITIONAL WRIT OF HABEAS CORPUS

Dale W. Eaton, Petitioner, is an inmate incarcerated at the Wyoming Department of Corrections State Penitentiary. He has filed, through counsel, a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. [Doc. 64].

The Court, having carefully reviewed and considered each pleading, the exhibits, the evidentiary presentation, arguments, and written briefs of counsel for Petitioner and Respondent, having thoroughly reviewed the file herein, and being otherwise fully advised, finds and concludes the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 should be conditionally granted.

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TABLE OF CONTENTS

BACKGROUND.................... 6

Factual Background.................... 6
State Court Trial.................... 7
State Court Appeal.................... 10
State Court Post-Conviction Relief.................... 15
Federal Habeas Corpus.................... 16

APPLICABLE LEGAL PRINCIPLES.................... 21

28 U.S.C. § 2254.................... 21
Ineffective assistance of counsel.................... 22
American Bar Association Guidelines.................... 33

Guideline 1.1 Objective and Scope of Guidelines.................... 37
Guideline 4.1 The Defense Team and Supporting Services.................... 40
Guideline 5.1 Qualifications of Defense Counsel.................... 45
Guideline 8.1 Training.................... 45
Guideline 10.4 The Defense Team.................... 47
Guideline 10.5 Relationship with the Client.................... 48

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Guideline 10.7 Investigation.................... 51
Guideline 10.11 The Defense Case Concerning Penalty.................... 55

DISCUSSION.................... 59

CLAIM ONE Lead trial counsel Wyatt Skaggs' failure to recognize and respond appropriately to [Petitioner's] cognitive and emotional impairment generated mutual distrust, animosity and disloyalty toward his client, and a corresponding failure to communicate with [Petitioner], which precluded the development of a workable attorney-client relationship and resulted in an irreparable conflict of interest, in violation of [Petitioner's] Sixth and Fourteenth Amendment right to the effective assistance of counsel.

CLAIM TWO

Trial counsel failed to conduct a reasonable investigation into [Petitioner's] background, character and mental health.................... 60
DEFICIENT PERFORMANCE.................... 61

ABA Guideline 4.1.................... 63

Two Qualified Attorneys.................... 64

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Wyatt Skaggs.................... 65
Vaughn Neubauer.................... 68
Investigator/Mitigation Specialist.................... 70
Mental or psychological disorders.................... 75

ABA Guideline 10.4.................... 83
ABA Guideline 10.5.................... 94
ABA Guideline 10.7.................... 121

Meeker, Colorado.................... 136
Marion Eaton Hospital Files.................... 146
Alan Eaton.................... 149
Family History.................... 152
Sweetwater County.................... 161
Sandy and Jim Hoopes.................... 169
Operating Engineers Local 800.................... 175
Doris Buchta's Journal.................... 177
Riverton Witnesses.................... 178

ABA Guideline 10.11.................... 195

Incorrect and Deficient Chronology.................... 196

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Failure to Provide Dr. Ash With an Adequate and Reliable History.................... 203
Evidence of Petitioner's Remorse.................... 214

Deficient Performance - Conclusion.................... 215
PREJUDICE.................... 221

Abuse............................................... 229
Mental impairment.................... 247

Family History................................... 250
Petitioner's Life History.................... 268
Documentation and Instructions Provided.................... 270
Observations and Interactions.................... 272
Developmental, Psychiatric, and Life History.................... 274
Early childhood development.................... 275
Meeker, Colorado.................... 277
Greeley, Colorado.................... 284
Young Adulthood.................... 287
Adulthood/Symptomology.................... 291

Remorse.................... 311
Likeability - Humanizing Qualities.................... 318

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Prejudice - Conclusion.................... 339

CLAIM FOUR.................... 345

Claim Four - Conclusion.................... 370

CONCLUSION.................... 371

ORDER.................... 374

BACKGROUND

Factual Background

Lisa Marie Kimmell left Denver, Colorado, on March 25, 1988, intending to drive to Billings, Montana, with a stop in Cody, Wyoming. [Doc. 83-5, p. 20]. Ms. Kimmell did not arrive in Cody as planned, and a search for her began on March 26, 1988. [Doc. 83-5, p. 27]. Her body was found by a fisherman on April 2, 1988, in the North Platte River southwest of Casper, Wyoming, near what is called Government Bridge. [Doc. 83-6, p. 53]. An autopsy revealed she died from multiple stab wounds to her chest, inflicted after a severe blow to the head. [Doc. 83-12, p. 47]. The examination also revealed semen in her vagina. Samples of the semen were taken and preserved. Eaton v. State, 192 P.3d 36, 51 (Wyo. 2008). [Doc. 83-10, pp. 62, 63, 64]. DNA from the semen samples was matched, in 2001, to Petitioner, who

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had formerly resided in Moneta, Wyoming. Eaton v. State, 192 P.3d at 51. Law enforcement agents obtained a search warrant for Petitioner's property in Moneta, where they found Ms. Kimmell's buried car. [Doc. 84-9, p. 3; Doc. 84-10, pp. 11-20].

State Court Trial

The Natrona County District Attorney charged Petitioner with first-degree premeditated murder, first-degree felony murder, kidnaping, first-degree sexual assault, and aggravated robbery. Eaton v. State, 192 P.3d at 49, fn 1. A jury trial was conducted before the Honorable David Park of the Seventh Judicial District at the Natrona County Courthouse in Casper, Wyoming. Petitioner was represented by Wyatt Skaggs and Vaughn Neubauer from the Trial Division, Wyoming Public Defender Office. [Doc. 81-3, pp. 2, 3, 4]. The trial commenced in February, 2004, and continued for two weeks. The jury, at the close of the guilt/innocence stage of the proceedings, returned guilty verdicts on all counts. Eaton v. State, 192 P.3d at 49, fn 1. [Doc. 85-6, pp. 6, 7, 8, 9].

The State of Wyoming, during the penalty phase of the trial, called three witnesses. Shannon Breeden testified she was traveling in 1997 on Interstate 80 outside of Rock Springs, Sweetwater County, Wyoming, when Petitioner threatened her with a rifle. [Doc. 85-7, pp. 55, 56]. Sweetwater County Sheriff Deputy Rich Haskell testified he investigated the aggravated assault on Ms. Breeden. [Doc. 85-7, pp. 57, 58, 59]. Sweetwater County

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Prosecuting Attorney Tony Howard testified Petitioner was convicted of aggravated assault. [Doc. 85-8, pp. 1-5].

Petitioner's trial team, during the penalty phase, presented two expert witnesses, Dr. Kenneth Ash, a psychiatrist, and Dr. Lisa Gummow, a neuropsychologist. Dr. Ash testified he met with Petitioner on four separate occasions for a total of approximately twelve and one-half hours, during which time he observed Petitioner and discussed his life history and present circumstances. [Doc. 85-8, pp. 19, 20, 21]. Dr. Ash also examined Petitioner's available medical records, including those from the Colorado Psychiatric Hospital (University of Colorado Medical Center) where Petitioner was a patient at age sixteen, and from the Torrington Hospital from 1986. [Doc. 85-8, p. 22]. Dr. Ash, from those hospital records, noted a consistent finding of depression. He also determined Petitioner had a global assessment of functioning (GAF) of 31, which indicated a major impairment. [Doc. 85-8, pp. 34, 35]. Dr. Ash expressed his professional opinion Petitioner committed the Kimmell homicide while under the influence of extreme emotional disturbance and extreme distress. [Doc. 85-8, p. 51].

Dr. Gummow testified she spent two days with Petitioner. Test administration accounted for seventy-five percent (75%) of the two days, with interviews accounting for the remaining twenty-five percent (25%). [Doc. 85-11, p. 11]. Dr. Gummow also indicated she reviewed relevant life documents such as medical, educational, psychiatric, and police

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records, including statements from Petitioner's sisters and father, and developed a chronology of Petitioner's life which she presented to the jury. Dr. Gummow stated in her professional opinion Petitioner suffered from a depressive disorder NOS, which was present in a severe phase in 1988. His depression was probably genetic, and his major depressive disorder was considered a brain disease. She further indicated Petitioner had significant brain damage along with a long-standing learning disorder. His IQ ranged between 76 (borderline) to high 80s to 90s. [Doc. 85-11, pp. 6-60; Doc. 85-12, pp. 1-16].

Four family members also testified on behalf of Petitioner. Loren Ferrins¹, his uncle, testified Petitioner's father, Merle, picked on Petitioner. [Doc. 85-9, pp. 37-50]. Betty Ferrins, Petitioner's aunt, testified she did not want Petitioner to die, and stated "I don't think he was in his right mind when he did this." [Doc. 85-9, pp. 55, 56]. Marilu O'Malley, Petitioner's maternal aunt, testified Merle abused his children, and Petitioner got the brunt of the abuse. [Doc. 85-9, pp. 58, 59]. Natrona County Deputy Sheriff Lynn Cohee presented testimony from her interview with Sharon Slagowski, Petitioner's sister. Deputy Cohee stated Ms. Slagowski recalled physical and emotional abuse by her father. Merle hit Petitioner with a belt, his fists, and hit him over the head with a beer bottle. [Doc. 85-12, pp. 52-56].

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Petitioner's counsel also presented testimony from four friends....