Casper, WY – A convicted Casper murder was denied a new penalty phase Tuesday. 59 year old Dale Wayne Eaton was sentenced to die for the 1988 rape and murder of Lisa Marie Kimmel. Eaton's attorneys allged there was "egregious" prosecutorial misconduct. They allege Seventh District Attorney Mike Blonigen made inappropriate statements during his closing arguments. But District Judge David Park ruled there was no misconduct and sais the defense took Blonigen's comments out of context.