Psychologist: Eaton not intellectually disabled

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CHEYENNE, Wyo. (AP) — A psychologist has determined Wyoming's lone death row inmate doesn't qualify as intellectually disabled.

Inmate Dale Wayne Eaton was sentenced to death in 2004 for the 1988 rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Mont.

Eaton's lawyers this week filed a report from psychologist Daniel J. Reschly in federal court. Reschly states Eaton's IQ score puts him just above the range that would make him ineligible for the death penalty.

Eaton's claims that he didn't get an adequate defense at trial are still pending before a federal judge in Cheyenne.

Eaton's lawyers don't dispute he killed Kimmell. She disappeared in 1988 while driving across Wyoming. Her body was found later in the North Platte River. Investigators later linked Eaton to her killing through DNA evidence.

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