WEBVTT 1 00:00:00.280 --> 00:00:04.000 Going back to our season one case, the nineteen ninety seven disappearance of Amy 2 00:00:04.080 --> 00:00:08.960 Robettel. There's been a long awaited legal development as relates to Dale Wayne Eaton, 3 00:00:09.039 --> 00:00:16.440 a possible suspect in Amy's case, that is coming up next. Welcome 4 00:00:16.480 --> 00:00:20.760 to this update episode of Frozen Truth. I'm Scott Fuller, and on this 5 00:00:20.839 --> 00:00:24.320 brief update episode, i'd like to direct your attention back to our season one 6 00:00:24.399 --> 00:00:29.160 case, the disappearance of Amy Robettel from the Mountains round Lander, Wyoming in 7 00:00:29.320 --> 00:00:35.159 nineteen ninety seven. We covered Amy's case over a series of five episodes in 8 00:00:35.159 --> 00:00:40.640 our very first season here on Frozen Truth, and it might benefit your recollection 9 00:00:41.320 --> 00:00:44.159 of the update that we're going to bring you here if you go back and 10 00:00:44.200 --> 00:00:47.880 listen to especially the second episode of the series, which was an episode called 11 00:00:47.960 --> 00:00:54.359 Junkyard Dale. It dealt very briefly with a man named Dale Wayne Eaton, 12 00:00:54.560 --> 00:00:59.399 who was eventually convicted of killing a woman named Lisa Marie Kimmel was a very 13 00:00:59.439 --> 00:01:03.920 young, eighteen year old young woman was driving one night from Denver to visit 14 00:01:03.960 --> 00:01:08.200 her boyfriend and her family in Montana, and somewhere along the road there came 15 00:01:08.239 --> 00:01:14.680 across the path of day A Wayne Eaton. Day A Wayne Eaton abducted Lisa 16 00:01:14.879 --> 00:01:19.040 somewhere along the highway, and he held her captive for upwards of a week, 17 00:01:21.000 --> 00:01:26.680 and essentially when he was done with Lisa, he discarded her off a 18 00:01:26.719 --> 00:01:33.040 bridge near Casper. Eventually, several years later, he was convicted of that 19 00:01:33.159 --> 00:01:38.239 crime and authorities were able to find her car buried at his property in Menita, 20 00:01:38.480 --> 00:01:44.159 Wyoming. You'll recall Menita from the very first season of Frozen Truth, 21 00:01:44.439 --> 00:01:49.400 both Eaton's time there and when I say there, it's an unincorporated town of 22 00:01:49.480 --> 00:01:55.480 four or five people, relatively near where the whole rest of the case of 23 00:01:55.560 --> 00:02:00.159 Amy Robectel takes place. I distinctly remember what you hear in that season of 24 00:02:00.200 --> 00:02:06.319 me driving through that barren central part of the state, and anyone who's ever 25 00:02:06.400 --> 00:02:08.479 driven it. I get so many emails from people. If you've driven that 26 00:02:08.560 --> 00:02:14.000 highway, the chances are you recall it because it's a unique American highway. 27 00:02:14.719 --> 00:02:19.520 Anyway, the authorities found Lisa's car buried there. That's where day Awayne Eaton 28 00:02:19.560 --> 00:02:23.919 had buried Lisa's car after he had done what he did to her. There 29 00:02:23.000 --> 00:02:28.400 is a strong suspicion among many in law enforcement including the FBI that day awayne 30 00:02:28.400 --> 00:02:34.919 Eaton is responsible for several other murders. One of those, possibly for reasons 31 00:02:34.960 --> 00:02:38.000 we talk about again in season one, might be the ninety seven disappearance of 32 00:02:38.039 --> 00:02:43.719 Amy Robecto from The Mountains round Lander, the short version of a good part 33 00:02:43.759 --> 00:02:47.280 of what we spend the first season on, and again highly recommend you tread 34 00:02:47.319 --> 00:02:51.120 back to the first season if you haven't listened in a while, or haven't 35 00:02:51.159 --> 00:02:57.039 listened at all, and any of this intrigues you. There is some pretty 36 00:02:57.439 --> 00:03:00.639 substantial reason to believe that day awayne Eaton may have been in the area of 37 00:03:01.360 --> 00:03:07.199 Amy's on that day in July of ninety seven when she disappeared. When Daywayne 38 00:03:07.199 --> 00:03:13.240 Eaton was eventually arrested and convicted of the crime of Lisa Marie Kimmel's death, 39 00:03:13.560 --> 00:03:19.000 he was sentenced to death for it, and on appeal, a US district 40 00:03:19.120 --> 00:03:27.319 judge named Allen B. Johnson overturned that ruling on essentially a technicality. And 41 00:03:27.319 --> 00:03:32.840 I don't mean to minimize the ruling by saying it was only a technicality, 42 00:03:34.080 --> 00:03:38.000 but it's what we lay people with term a technicality. It was ineffective counsels. 43 00:03:38.080 --> 00:03:42.280 There was going to be an appeals process for any capital case anyway, 44 00:03:42.280 --> 00:03:45.599 But once that particular ruling was made, it kind of set the course for 45 00:03:45.680 --> 00:03:50.000 day A. Wayne Eaton to at least avoid the death penalty. But as 46 00:03:50.039 --> 00:03:55.599 the appeals process sort of wove its way through, prosecutors kept exercising their option 47 00:03:55.639 --> 00:04:01.479 to pursue the death penalty. Even as the death penalty is annually an open 48 00:04:02.240 --> 00:04:05.719 question at the state legislature, and I must say, judging by the vote 49 00:04:05.719 --> 00:04:12.039 counts it receives in the Wyoming legislature, it's not a one sided issue either. 50 00:04:12.280 --> 00:04:16.920 Necessarily, the appetite for a death penalty in the state is sort of 51 00:04:17.000 --> 00:04:23.560 influx. But every single year when that death penalty repeal legislation comes up, 52 00:04:23.600 --> 00:04:28.399 so far it has failed to include this last legislative session, So eventually the 53 00:04:28.439 --> 00:04:31.360 appeals process weaves its way very recently now in the last two years, to 54 00:04:31.639 --> 00:04:38.199 a federal court judge in Denver, Colorado, And interestingly, that federal court 55 00:04:38.240 --> 00:04:43.319 judge in Denver made the ruling that Eaton can face the death penalty, specifically 56 00:04:43.399 --> 00:04:47.680 that the state can pursue the death penalty in his case. After that ruling, 57 00:04:47.720 --> 00:04:53.560 the only hope that Eaton's defense team has appeals team has is the US 58 00:04:53.639 --> 00:04:57.920 Supreme Court, highest court in the land, but the Supreme Court first has 59 00:04:58.079 --> 00:05:02.040 to decide to hear it. Now, what is that criteria? Generally speaking, 60 00:05:02.519 --> 00:05:10.160 the justices on the court will rely on precedents, and the whole function 61 00:05:10.160 --> 00:05:15.279 of the US Supreme Court is basically to constitutionally settled disputes between law and prior 62 00:05:15.399 --> 00:05:23.759 court precedent. And it does that using only as its guide the United States 63 00:05:23.800 --> 00:05:30.360 Constitution. In reality, that's each justice's interpretation expert interpretation of the US Constitution. 64 00:05:30.040 --> 00:05:35.000 But there are very few cases that are new footprints on the constitutional moon. 65 00:05:35.720 --> 00:05:40.800 A lot of these cases the justices will decide fall under the state or 66 00:05:40.920 --> 00:05:46.240 federal constitutions, or they just won't take because there is no role for the 67 00:05:46.279 --> 00:05:55.279 court to fulfill unless it is setting new constitutional ground. Usually that brings us 68 00:05:55.360 --> 00:05:59.879 to the news event of the day. As expected, the US Supreme Court 69 00:06:00.079 --> 00:06:05.560 has refused to hear Dale Wayne Eaton's appeal, and I can't remember now that 70 00:06:05.639 --> 00:06:10.360 I think of it. I think it had to do with he is not 71 00:06:11.439 --> 00:06:15.879 basically not being mentally evaluated properly during his first trial. Something along those lines. 72 00:06:16.639 --> 00:06:19.800 May even say here in the article the Casper Star Trib has this is 73 00:06:19.839 --> 00:06:24.920 breaking news on their website tonight. Let me read here from Shane Sanderson, 74 00:06:24.959 --> 00:06:29.319 who we have quoted before. The country's highest court made its announcement following a 75 00:06:29.399 --> 00:06:33.279 closed justice's conference for consideration of potential cases. It did not offer an explanation, 76 00:06:33.360 --> 00:06:38.279 which is typical for those cases the court declines to take. And then 77 00:06:38.319 --> 00:06:43.079 some background here. Following the Supreme Court decision, the Tenth Circuit US Court 78 00:06:43.079 --> 00:06:46.839 of Appeals ordered that the case be returned to Natrona County district court where Eaton 79 00:06:46.959 --> 00:06:50.240 was convicted. So that brings us to where we're at right now. Once 80 00:06:50.319 --> 00:06:55.680 you appeal to the Supreme Court and they refuse to hear your appeal, you 81 00:06:55.759 --> 00:06:59.959 have nowhere else to go. That's the end of the line. The last 82 00:07:00.319 --> 00:07:04.920 highest court ruling stands. Also from the article, the sentencing hearing will become 83 00:07:04.920 --> 00:07:08.839 the second that Eaton, who is seventy five, is faced. He was 84 00:07:08.839 --> 00:07:12.959 sentenced to death shortly after his conviction, and he was for a time the 85 00:07:13.000 --> 00:07:16.079 only person on Wyoming's death row. In twenty fourteen, a federal appeals court 86 00:07:16.120 --> 00:07:20.560 throughout eaton sentence, ruling he had not received appropriate representation. We've basically, 87 00:07:20.600 --> 00:07:26.759 given you all that, all that background, why does this matter as relates 88 00:07:26.759 --> 00:07:30.600 to Amy Robecktel our Season one case is kind of our focus here tonight. 89 00:07:30.079 --> 00:07:34.199 There are many in law enforcement who believe that Daily Eaton killed more women than 90 00:07:34.279 --> 00:07:39.519 Lisa Marie Kimmel. If Amy Robecktel is one of them, and if Eaton 91 00:07:39.680 --> 00:07:45.240 is involved at all in his defense or cares at all about whether he lives 92 00:07:45.319 --> 00:07:47.920 or dies, which is not a given. When he gets to capital cases, 93 00:07:48.079 --> 00:07:54.920 cases that deal with the death penalty, there are passionate lawyers, ideologically 94 00:07:54.920 --> 00:07:59.560 passionate lawyers who will take up your case pro bono just because they're anti death 95 00:07:59.600 --> 00:08:03.240 penalty. So the fact that it was appealed for decades doesn't mean that Eaton 96 00:08:03.319 --> 00:08:07.920 actually knows what's going on. But if he does, and if he cares 97 00:08:07.959 --> 00:08:13.439 about what happens to him, this is possible leverage on any of the other 98 00:08:13.720 --> 00:08:20.000 cases that authorities with the State of Wyoming and the FBI believe that Eaton is 99 00:08:20.079 --> 00:08:24.079 involved in. Amy Robacto may or may not be one of those cases. 100 00:08:24.680 --> 00:08:28.040 But this ruling, while it may be a long shot, is nothing but 101 00:08:28.160 --> 00:08:33.320 good news for those cold cases in Wyoming because it can't hurt those open cases. 102 00:08:35.039 --> 00:08:39.919 What this really is, this news tonight is not necessarily a bombshell. 103 00:08:39.960 --> 00:08:43.960 It's not breaking news as relates to Amy's case. It's like a mile marker. 104 00:08:43.840 --> 00:08:48.879 It is possibly a significant milestone in the case, but that remains to 105 00:08:48.919 --> 00:08:52.080 be seen. One thing it does do, regardless of all these other variables, 106 00:08:52.080 --> 00:08:56.440 it starts a stop watch, starts a clock. There are no more 107 00:08:56.480 --> 00:09:00.919 avenues for Dale we Neaton to go to, and it's not going to be 108 00:09:01.120 --> 00:09:05.720 terribly long now. It's not going to be yours anymore. Obviously, the 109 00:09:05.759 --> 00:09:07.799 coronavirus is a factor with the court systems all over the country, but I 110 00:09:07.840 --> 00:09:16.440 know of one state believe Missouri is going forward with a planned execution like soon. 111 00:09:16.519 --> 00:09:18.679 I think it's next week, even in the midst of the pandemic, 112 00:09:20.120 --> 00:09:24.840 which they're taking some heat for, but nonetheless here pursuing. So the wheels 113 00:09:24.840 --> 00:09:28.080 of justice turned slowly until you get to the very last notch on the wheel, 114 00:09:28.679 --> 00:09:33.279 and it tends to happen quickly. That's our update. If you're interested 115 00:09:33.320 --> 00:09:37.559 further in the Lisa Marie Kimmel case, I've just produced just happened to have 116 00:09:37.679 --> 00:09:43.840 in the last two months produced two episodes for the ten Cast network for a 117 00:09:43.879 --> 00:09:46.679 show I produce called Dead and Gone in Wyoming. If you're not listening already, 118 00:09:46.720 --> 00:09:50.399 you may enjoy it. The April episode it's monthly. The April episode 119 00:09:50.399 --> 00:09:54.399 had to do with Lisa Marie Kimmel, it's just her case. And the 120 00:09:54.559 --> 00:09:58.080 May episode, just out May sixth, has to do with a great Basin 121 00:09:58.159 --> 00:10:03.720 serial killer wh is very probably not one killer, but day Awayne Eaton may 122 00:10:03.200 --> 00:10:09.159 be one of a couple of men responsible for a series of a dozen or 123 00:10:09.159 --> 00:10:13.360 so murders across America's West. If you're at all interested in those Dead and 124 00:10:13.440 --> 00:10:20.200 Gone in Wyoming is available on all the podcast places. Also, just for 125 00:10:20.240 --> 00:10:22.639 fun, we're doing something different here tonight with a Patreon. We did a 126 00:10:22.639 --> 00:10:26.159 bit of a pre role and after I wrapped the main feed episode, here 127 00:10:26.200 --> 00:10:30.759 for our Patreon people, I will go a little bit further into the I 128 00:10:30.879 --> 00:10:33.759 thinks my own personal opinion that doesn't matter as much, and we're going to 129 00:10:33.840 --> 00:10:37.519 discuss this ruling a little bit more for our Patreon supporters. So if you're 130 00:10:37.519 --> 00:10:41.720 interested, you can find a link to the Patreon support page, which is 131 00:10:41.759 --> 00:10:46.279 a way to support Frozen Truth. In any event, you get the extra 132 00:10:46.320 --> 00:10:48.799 content too. In the show notes for this episode, I want to thank 133 00:10:48.840 --> 00:10:52.399 you all for subscribing. I hope all is well with you and yours, 134 00:10:52.759 --> 00:10:56.879 and we'll be in touch soon, I hope, with more such developments from 135 00:10:56.960 --> 00:10:58.039 all three of our cases.