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xx Skaggs defends his defense of Eaton
« Reply #30 on: Jun 8th, 2005, 09:19am »

While Dale Wayne Eaton was on trial for his life last year, he expressed his unhappiness with his attorney Wyatt Skaggs, the public defender told 7th District Court on Monday.

But Eaton didn't want a new attorney because that would have further delayed the trial that resulted in his conviction and death sentence for the kidnapping, robbery, rape and first degree murder of Lisa Marie Kimmell in 1988, Skaggs said.

The death row inmate now has begun the appeals process, starting with the allegations that his attorney failed to give effective counsel, Skaggs' fellow defense attorneys said.

"We don't mean to minimize the horror of Lisa Marie Kimmell's death," Senior Assistant Public Defender Marion Yoder told District Court Judge David Park on the first day of a scheduled week-long evidentiary hearing.

"We are here to determine whether 6th Amendment rights ... were abridged," Yoder said.

But 7th District Attorney Mike Blonigen, who successfully prosecuted the case, countered that his former adversary Skaggs faced a nearly impossible case. "The evidence will show Mr. Skaggs made reasonable decisions."

Park will take the case under advisement and issue a decision later.

Chief Justice William Hill ordered what is known as a Calene hearing, named for a 1993 Wyoming Supreme Court ruling that reversed the larceny and conspiracy convictions of John Calene and sent the case back to district court for a hearing about whether he received ineffective representation.

The hearing marks the beginning of Eaton's appeals process, and heads into some uncharted legal waters, Yoder said. "We're in some kind of legal limbo land between trial court and appellate court."

Tina Kerin, senior assistant appellant counsel for the Public Defender's office, questioned Skaggs about his dealings with Eaton and the defendant's family, whether he was ready for trial, whether he thoroughly pursued legal options such as moving the trial from Casper, and whether he fully investigated the case.

Skaggs did the best he could considering that Eaton and Eaton's family often refused to cooperate, he said.

At one point during Monday's hearing, Eaton voiced disapproval of a member of Skaggs' staff, and he was silenced by Yoder and Senior Assistant Appellant Counsel Ryan Roden.

For the rest of the session, Eaton scowled, grimaced, shook his head "no," and sat with his hands folded in front of his face.

Skaggs told the court that he did not seek a not guilty plea based on mental incompetence because an evaluation at the State Hospital in Evanston would lead to rebuttals by experts for the prosecution, he said.

Under questioning by Blonigen, Skaggs further explained that he did his best -- despite his client's obstruction -- to present mitigating circumstances to the jury during the sentencing phase.

Skaggs also successfully persuaded the court to exclude evidence that would have shown Eaton posed a future danger to society, he said.

For example, any helpful testimony by Eaton's ex-wife would have offset in cross examination where she would have had to tell the court about his beatings, sexual assaults, and sexual abuse of his own children, Skaggs said.

"You cannot make a judgment about mitigation without a rebuttal," he said.

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xx Three testify in Eaton hearing
« Reply #31 on: Jun 9th, 2005, 07:02am »

By TOM MORTON

The week-long hearing to determine whether Wyoming public defender Wyatt Skaggs effectively represented now death-row inmate Dale Wayne Eaton last year crossed the halfway point Wednesday.

Eaton's attorneys -- representatives of the Wyoming Public Defender's office -- called three more witnesses to the stand to question Skaggs' effectiveness.

District Attorney Mike Blonigen, who successfully prosecuted Eaton for the 1988 first-degree murder of 18-year-old Lisa Marie Kimmell, questioned the witnesses and maintained his assertion that his former legal adversary Skaggs did a good job of representing an often uncooperative client.

District Court Judge David Park presided over the evidentiary hearing, which he said would conclude Friday.

Prosecution, defense and judge conducted their business before a virtually empty courtroom in marked contrast to the emotional and packed spring 2004 trial that resulted in the jury sentencing Eaton to death for kidnapping, robbery, rape and first degree murder of Kimmell.

Nancy Johnson, the victim witness coordinator for the District Attorney's Office, said she has been in daily contact with Kimmell's mother Sheila Kimmell in Colorado.

Yet the state must conduct the hearing, because Wyoming law allows those convicted of crimes to question their attorneys' effectiveness as part of the appeals process.

Chief Justice William Hill ordered what is known as a Calene hearing, named for a 1993 Wyoming Supreme Court ruling that reversed the larceny and conspiracy convictions of John Calene and sent the case back to district court for a hearing about whether he received ineffective representation.

Eaton was present for the hearing, and squinted a lot because he didn't have his glasses.

Eaton's attorneys called three witnesses to testify.

Senior Assistant Public Defender Marion Yoder called Richard Burr to speak about Eaton's competency to stand trial, she said after Park recessed the hearing.

Burr is a nationally recognized capital defense litigator, Yoder said.

Tina Kerin, senior assistant appellant counsel for the Public Defender's office, said she called Natrona County Sheriff's investigator Lynn Cohee, who worked on the case when Eaton's car was found buried on his property in Moneta in the summer of 2002.

Kerin also called Jessica West, a lawyer from Denver who lectures about presenting DNA evidence.

Park scheduled the hearing to resume at 9:30 a.m. today.

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xx Hearing on competence of Eaton's defense ends
« Reply #32 on: Jun 11th, 2005, 11:18am »

By TOM MORTON

The law demanded that Dale Wayne Eaton, sentenced to death last year for the 1988 murder of Lisa Marie Kimmell, deserved effective representation from the Wyoming Public Defender's Office.

He didn't get it, according to a representative of that same office who challenged Eaton's defense team led by Wyatt Skaggs.

"There was deficient performance in this case," Tina Kerin told 7th District Judge David Park during her closing arguments at the end of a week-long hearing with witnesses to determine whether Skaggs did all he could to represent Eaton.

Skaggs did not adequately determine whether Eaton was competent to stand trial; didn't present a comprehensive defense theory for both the innocent-guilt and penalty phases of the trial; didn't have properly trained attorneys for a capital murder case; and failed to thoroughly investigate witnesses, family members and records that could have convinced at least one juror that the defendant didn't deserve the death penalty, Kerin said.

But 7th District Attorney Mike Blonigen responded that Park should look at the total effort Skaggs made.

Eaton himself often was uncooperative, Eaton's family shut off the defense team after initial promising contacts, medical and school records were nearly impossible to track, some sought-after records probably didn't exist, he wasn't mentally incompetent, lawyers who are inexperienced aren't necessarily incompetent, and the case against him was damning, Blonigen said.

"There were no huge gaps (in evidence gathering)," he said.

Skaggs also knew that he couldn't introduce some evidence to help Eaton without the risk that the prosecution would use that to expose the defendant's violent life, Blonigen said.

"You don't let everything in so good will come out," he said. "That belies a reasonable strategic choice."

It's easy for lawyers to pick apart other lawyers' decisions after the fact, and Park should consider what Skaggs did more than what he was not able to do, Blonigen said.

Park took the case under advisement, and intends to issue a decision by the Wyoming Supreme Court's July 5 deadline, Blonigen said after the hearing.

The tedious hearing this week took place in a nearly empty courtroom.

"We knew that our absence would be obvious," Lisa's mother Sheila Kimmell said Friday.

"When we sought the death penalty, we knew there would be years of legal bantering about this," Sheila Kimmell said.

She and her husband Ron moved to Canon City, Colo., after the trial last year and are trying to get on with their lives as best as they can, she said. "There is no closure here; there is none."

They cannot afford the emotional and financial burden of traveling to Wyoming every time a hearing occurs, but they'd come if the District Attorney's Office wanted them, Sheila Kimmell said.

"Let them duke it out," Sheila Kimmell said.

This week's hearing began the legal maneuvering of Eaton's appeal.

Wyoming law allows those convicted of crimes to question their attorneys' effectiveness as part of the appeals process.

The Supreme Court will review Park's decision and consider other factors before making its own decision, Blonigen said.

The trial

Blonigen successfully prosecuted the month-long case in February and March last year, convincing the jury to convict Eaton of first-degree premeditated murder, aggravated kidnapping, aggravated robbery and first-degree sexual assault. The jury also convicted Eaton of three counts of first-degree felony murder, each committed during the course of separate crimes of sexual assault, robbery and kidnapping.

Kimmell was last seen on March 25, 1988, behind the wheel of the black Honda CRX Si that bore personalized Montana plates reading "LIL MISS," when she was stopped for speeding on Interstate 25 near Douglas. She had been traveling from Denver to Cody to see her boyfriend.

Two anglers discovered Kimmell's body on April 2, 1988. Investigators said she had been sexually assaulted, hit in the head and stabbed several times before being thrown from Government Bridge off Wyoming Highway 220.

No real headway had been made in bringing charges in the case until July 2002, when sheriff's officials unearthed Kimmell's car on a property owned by Eaton at Moneta 75 miles west of Casper.

During the penalty phase of the trial, Skaggs presented a number of mitigating factors to persuade the jury to choose a life sentence for Eaton.

Skaggs told the jury that Eaton suffered from a severe and chronic depression that rendered him emotionally disturbed and caused brain damage.

But Kerin, senior assistant appellant counsel for the Public Defender's office, said Skaggs and his defense team did not do nearly enough to present mitigating factors. It did only 61 hours of research when a death penalty case requires hundreds of hours to probe a defendant's background, she said.

"In the case of a client, it (mitigation research) starts at conception," she told Park in her rebuttal of Blonigen.

That includes family and social history, physical and mental health history, traumatic events, and education and employment history, Kerin said.

That research must be done even if a client and his family refuse to talk because of their own shame, she said.

Skaggs didn't avail himself of the opportunity to call to the stand Eaton's daughter who had said he was a good father, Kerin said.

She came from Denver to Casper to watch the trial, but Skaggs didn't ask the court to have her testify as a late witness, Kerin said.

"There was too much to be done that was not done," she said.

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xx Mother writes book about daughter's murder
« Reply #33 on: Jul 3rd, 2005, 11:07pm »

COLORADO SPRINGS, Colo. -- Sheila Kimmell wasn't sure what to think when a Madison Avenue publishing executive said it would be cathartic for her to write a book about the horrifying death of her daughter.

Kimmell wasn't looking for a catharsis 17 years after her daughter was abducted and murdered in Wyoming while driving home to Billings from Denver.

Kimmell knew that putting the painful details of Lisa Marie Kimmell's final days on paper would not put an end to her own pain.

"In the real world, for somebody who's experienced something like this, there is no closure," Kimmell said.

Writing and publishing "The Murder of Lil Miss" wasn't about healing, Kimmell said. It was about sharing her family's journey through tragedy.

And it was an attempt to say thank you, she said, to all the people who knew Lisa and still mourn her death and to those who never met Lisa but who showed kindness to the Kimmells in their loss.

"They were the legion of angels that supported us through this tragic event," Kimmell said.

Sheila's husband, Ron, said he hopes the book answers any lingering questions about their family and how they coped with their daughter's death.

"We're not writers," he said. "We just happen to be a family that lived through a tragedy that people want to know about. The people who have followed this all these years deserve to know everything there is to know about it."

After a year of writing and editing, Sheila Kimmell's book will be released this month. Kimmell self-published the 244-page paperback with help from The Floating Gallery, a New York City publishing company that specializes in independent projects.

Writing the story of her daughter's murder and the long hunt to catch and convict her killer was a daunting job, Kimmell said.

There were hours of telephone interviews with Kay Carpenter, a professional writer in North Carolina hired to assist with the book. The women had long discussions about the focus of the book, the details of the crime, the investigation that spanned more than a decade and the trial last year that resulted in a death sentence for Lisa's killer, Dale Wayne Eaton.

At one point, Kimmell and Carpenter disagreed on how much information about Eaton's past should be included in the book.

"When Kay felt that was an element, my first comment was, 'I don't give a damn about Dale Eaton,' " Kimmell said.

There were long hours of rewrites and editing and moments where the only way to get the story right was to relive painful memories.

She got through those times, Kimmell said, by allowing herself to step away from the project when she could no longer work through the tears.

"There were times I could stand back and be objective and other times I just couldn't," she said. "There are still areas that I can go back and, as I review the book, I can't help it, I just cry. It's just there. I guess it would be a real sad commentary on my daughter's life if I didn't feel that way. Even though it's been time, a lot of years, it just doesn't really go away."

Vanished

Lisa Kimmell was raised in Billings and graduated from Senior High School in 1987. A few months later, she went to work with her mother in Colorado. Sheila Kimmell was a regional manager for Arby's, and Lisa also worked for the company. They shared an apartment.

Lisa disappeared on March 25, 1988, while driving to Billings from Denver in her new sports car, a black Honda CRX with a customized license plate, "Lil Miss."

The Kimmells launched a frantic search for their missing daughter. A week later, the 18-year-old woman's body was found in the North Platte River west of Casper, Wyo. She had been raped, bludgeoned and stabbed.

Lisa's car, with its distinctive license, was not found despite a nationwide search.

The media carried the story of Lisa's disappearance and murder across the country. When the investigation stalled and years passed without an arrest, the case was featured on the television series "Unsolved Mysteries" and later on "Cold Case Files."

A year after Lisa's death, the Kimmell family moved from Billings to Colorado.

Sheila Kimmell said she was always amazed at the attention and interest her daughter's case generated. Over the years, the family received letters, telephone calls and e-mails from people across the continent and from as far away as Germany.

"Lil Miss has become such a wide-known moniker," she said. "People wanted to know more about this pretty little girl in the picture that everybody has seen."

Many people also wanted to know how the Kimmell family coped with the loss.

"We met a lot of people who have had similar situations who didn't get the publicity," Ron Kimmell said.

Sheila Kimmell said she recalls the first suggestion someone made to her about writing a book. It came about 10 years ago, she said, from federal agent investigating the case after a frustrating meeting with local law-enforcement officials in Wyoming.

Over the years, others familiar with the case also suggested that she should write a book about her family's story. Sheila Kimmell didn't give the idea serious thought until three years ago, when an unexpected breakthrough pushed case into the national news again.

In 2002, investigators got a hit on foreign DNA that had been found with Lisa's body. The DNA was matched to Eaton, who was serving time in a federal prison in Colorado. Investigators soon were digging up Eaton's property in Moneta, Wyo., where they found Lisa's black sports car buried. A piece of the "Lil Miss" license plate was found with the car.

Eaton was charged a few months later, and, after a trial last year, Eaton, a divorced drifter, was sentenced to death.

The book became real about a year before the trial started, Sheila Kimmell said. She had retired and was preparing to face the trial. A few months before the trial started, she contacted The Floating Gallery and signed a contract.

Interest in the case and the Kimmell family peaked during the trial, she said.

"How did our family cope with all of the things we had to cope with, both on the emotional basis, but then also through the process of the twists and turns and the ironies of 14 years of investigations and some of the bureaucratic and jurisdictional red tape?" she asked.

Sheila Kimmell said she knew she couldn't write the book until after Eaton's trial. And, although she had some writing experience as a corporate executive, she also knew she would need some help. The publishing company found Carpenter.

Despite the distance between them, Kimmell and Carpenter worked well together, they said. Shortly before the trial, Sheila Kimmell sent a box full of newspaper clippings, her journal and other material to Carpenter in Asheville, N.C., where she lives.

Carpenter was excited to be involved in the book project and flew to Wyoming to attend some of Eaton's trial.

Not long after Eaton was convicted, work on the book started. As Carpenter and Kimmell talked by telephone, Carpenter recorded the conversations and turned them into material for the book.

"Sheila did a lot of talking, and I did a lot of listening and a lot of writing," Carpenter said.

As with Kimmell, Carpenter said there were times when writing Lisa's story was overwhelming.

"We would be talking, and she would start crying and I would start crying and we would say, 'Let's take a break,' " Carpenter said.

A serial killer?

Fascinated by the speculation of some criminal experts that Eaton may be a serial killer, Carpenter said she lobbied Kimmell to include more information about the man in her book. Eaton has not been charged with any other murders, but at least one expert on serial crimes has said he fits the profile of a serial killer.

The expert, former FBI profiler Greg Cooper, also wrote a chapter for Kimmell's book. The unsolved murders of four other women with possible links to Eaton are discussed.

"What does a sociopath look like?" Carpenter said of Eaton. "This is what it looks like."

Kimmell was reluctant at first to include much information at all about her daughter's killer, let alone devote chapters of her book to him. The debate eventually focused on whether to include letters Eaton wrote before his arrest for Lisa's murder.

Another decision was whether to use a note found on Lisa's grave in Billings signed by someone who identified himself as "Stringfellow Hawke," a character from a 1980s television series.

An Easter poem written by two Billings boys left at the Kimmells' door the year Lisa died also was debated by Kimmell and Carpenter.

The issue was finally decided when five people who reviewed a draft of the book late last year agreed with Carpenter that the Eaton letters and the note left at Lisa's grave should be included.

"I said, 'OK, you win, but I keep the Easter poem,' " Kimmell said.

Kimmell said there have been other challenges to getting her book into print, most of it due to her own inexperience on such a project. Details such as the book cover, page design, marketing and distribution have all proved interesting, she said.

In mid-June, Sheila Kimmell said she finally learned that her first order for 2,000 copies of the book would be off the printer the first week of July. She has scheduled a book signing at Borders Books in Billings on July 23. Similar signings are scheduled in Denver and Casper, she said.

Kimmell said it is not her goal to profit from selling the story of her daughter's murder. She said she has invested about $30,000 into the book project and hopes to at least break even.

The purpose of the book, she said, is to answer any questions about Lisa and how her family survived her slaying and to show that the man who killed Lisa could be responsible for several similar crimes.

"I've always had to believe there has to be some kind of good, and we've had a lot of good, even out of this tragedy," Kimmell said.

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xx Lisa Kimmell's murderer had effective counsel, jud
« Reply #34 on: Jul 8th, 2005, 05:24am »

CASPER, Wyo. (AP) - Attorneys for a convicted murderer conducted themselves properly during his trial last year, a state district judge ruled, dealing a blow to the man's appeal of his death sentence.

Dale Wayne Eaton was sentenced to death by lethal injection for kidnapping, raping and murdering Lisa Marie Kimmell in 1988.

The 18-year-old's body was found near Casper about a week after she disappeared while driving through Wyoming to her hometown of Billings, Mont. No charges were filed until Kimmell's car was found buried on Eaton's property in Moneta, a small town west of Casper, in 2002.

The Wyoming Supreme Court will review Judge David Park's decision, issued Friday, before passing its own judgment on the effectiveness of Eaton's counsel and other matters related to his appeal.

''The Court finds that trial counsel conducted themselves with the highest standards of the legal profession,'' Park wrote in the 47-page opinion. ''The ultimate jury verdict was based on the facts and not on any ineffective representation.''

The defense team was headed by longtime Wyoming trial attorney Wyatt Skaggs.

''Basically, the ruling is just another step in the process,'' said Tina Kerin, an assistant appellate counsel in the state public defender's office, which is handling the appeal.

Natrona County District Attorney Mike Blonigen, who prosecuted Eaton, said he was not surprised by Park's decision.

''We were always confident (Eaton) received effective counsel,'' he said.

The appellate attorneys had suggested that Skaggs could have pursued other strategies to try to prevent his client from receiving the death penalty.

Park's ruling stated that existence of alternatives does not alone mean the representation was faulty.

http://www.casperstartribune.net/news/wire/ap/?wire_num=214849
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xx Parents watch killer's home burn
« Reply #35 on: Jul 19th, 2005, 05:32am »

By ANTHONY LANE

MONETA -- The flames started to subside, and Sheila Kimmell walked toward a fire truck to remove the protective yellow suit she had borrowed. She stopped to exchange a hug with Grayce Keller, who with her husband is one of Moneta's only remaining residents.

"You don't have to look at it anymore, Mayor Grayce," Kimmell said.

"That's a good thing," Keller replied.

The derelict trailer and barn stood next to where the car of 18-year-old Lisa Marie Kimmell was unearthed nearly three years ago. On Monday -- what would have been the younger Kimmell's 36th birthday -- family, friends and a host of others watched the buildings burn to the ground.

Dr. James Thorpen, Natrona County's coroner, examined Lisa Marie Kimmell's body after fishermen found her floating in the North Platte River on April 2, 1988. Thorpen shook his head as the buildings smoldered on Monday.

"To think back, 17 years ago, about what horrific things happened here," Thorpen said.

On her way from Denver to visit her boyfriend in Cody and then her family's home in Billings, Lisa Kimmell was stopped for speeding the evening of March 25, 1988. The state trooper who wrote her a ticket that evening was likely one of the last people to see her alive.

When her body was found eight days later, Kimmell had been raped, stabbed and beaten. The murder went unsolved for years before DNA evidence collected from her body was matched to Dale Wayne Eaton, who was then a federal prisoner in Colorado.

Eaton was convicted last year of kidnapping, robbing, raping and murdering the young Montana woman before throwing her from the old Government Bridge east of Alcova Lake. Eaton was sentenced to death, and now awaits execution in Rawlins.

Kimmell's family also was granted a $5 million civil judgment against Eaton after he failed to respond to a wrongful death suit filed against him. Eaton's property in Moneta, a plot of about 6,000 square feet that was valued at $1,400, was awarded to the Kimmells.

And for more than a year, Sheila Kimmell said, the family has been planning to burn the buildings and then clear the land of everything Eaton left there.

"We will return it to the prairie dogs and the sage brush," Kimmell said.

Ron Kimmell gently rubbed his wife's back as the barn started collapsing shortly after it was ignited around 9 a.m.

"It looks a lot better down like that than it did," he said, exhaling sharply as he finished his statement.

Al Lesco, who retired from the Wyoming Highway Patrol in 1996, said he can still hear Lisa Kimmell's words from the night he caught her speeding in her black Honda CRX with its "LIL MISS" plates.

"If I hadn't stopped her..." he said, his thoughts unfinished as Ron Kimmell patted his shoulder.

"You're just like her," Kimmell said. "You were in the wrong place at the wrong time."

A conversation shared by Lesco, Thorpen and Ron Kimmell turned to Eaton and his apparent lack of emotion during his trial. Kimmell said he was unmoved by accounts of how Eaton may have had a difficult youth.

"I know people who went through harder," he said. "It's choices. It's their choices. We're all responsible for our own actions."

Volunteers with the Fremont County Fire Protection District stood in readiness during Monday's burn, which went smoothly. Plumes of smoke went skyward, easing a concern that the burn could create a hazard for drivers passing nearby on U.S. Highway 20-26.

Sheila Kimmell wished her daughter a happy birthday as she used a flare to ignite the trailer. As the fire grew, the parents commented that it served as a sort of giant birthday candle.

Ron Kimmell embraced Fremont Deputy Chief Craig Haslam as he thanked him for helping to make the burn possible.

"That felt good," Kimmell said. "That really felt good."


http://www.casperstartribune.net/articles/2005/07/19/news/771133d85a917f1f87257043000aa164.txt
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xx Re: Lisa Marie Kimmell (The LILMISS Case) Buried C
« Reply #36 on: Jan 27th, 2006, 3:35pm »

Lil Miss is also remembered here:
http://snipurl.com/lzxh
http://tinyurl.com/8rrtx

Remembering "Lil Miss" helps us have a chance to protect and save future Lil Miss's! cry
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xx Re: Lisa Marie Kimmell (The LILMISS Case) Buried C
« Reply #37 on: Apr 11th, 2006, 11:29pm »

Please visit Lisa's Memorial on Find A Grave made by A Marine's Daughter...

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSln=kimmell&GSfn=lisa&GSbyrel=all&GSdyrel=all&GSob=n&GRid=8701970&
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xx Re: Lisa Marie Kimmell (The LILMISS Case) Buried C
« Reply #38 on: Dec 18th, 2011, 06:18am »

R.I.P Lisa Marie
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xx Re: Lisa Marie Kimmell (The LILMISS Case) Buried C
« Reply #39 on: Sep 10th, 2013, 09:54am »

seen 2nd street sunoco manchester nh I was just watching unusual suspects on tv and saw this story she tried to buy a can of soup but it expired so I did not sell. something seemed strange there was a man wearing a long trench coat watching her even walked up to the counter and asked what did she want then they left paid for the gas with a credit card I turned to my mom and said something is not right so I wrote the plate # on the slip after they left I think there were more people in the car but can not remember it was so long ago I was going to say 1986-1987 however after reading this it could have been 1988.
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