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Thread: Timothy Baily Hennis - US Military Death Row

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    Timothy Baily Hennis - US Military Death Row


    Kathryn Eastburn and her daughters, Kara, 5, and Erin, 3







    Summary of Offense:

    Timothy B. Hennis was sentenced to death on April 15, 2010 for the 1985 murder of Kathryn Eastburn and two of her young daughters Erin and Kara.

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    April 8, 2010

    Hennis found guilty in unanimous panel ruling

    FORT BRAGG – An Army court-martial panel on Fort Bragg unanimously found Master Sgt. Timothy Hennis guilty of three counts of premeditated murder Thursday. Hennis could face the death penalty.

    Hennis was charged with murdering a Fayetteville woman and her two young daughters 25 years ago.

    He was initially convicted of the murders and sentenced to death in 1986. But he was later acquitted after an appeal granted him a second trial in 1989.

    He retired from the Army in 2004, but officials called him back to active duty two years later to try him in a military court, saying new DNA evidence links him to the crime.

    http://news14.com/charlotte-news-104...s-panel-ruling

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    April 15, 2010

    (ABC 6 NEWS) -- A Rochester native gets the death penalty for murder. Thursday, a military jury handed down the death sentence for 52-year-old Master Sergeant Timothy Hennis.

    Hennis was convicted last week of the premeditated murder of a North Carolina woman and her two small children. It happened back in 1985.

    The sentence will now be reviewed by a commanding officer and automatically appealed.

    Hennis graduated from Mayo High School in Rochester in the 1970's.

    http://kaaltv.com/article/stories/S1...html?cat=10219

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    April 15, 2010

    A little more in-depth article:

    Timothy B. Hennis was sentenced to death today for a 1985 triple murder.

    The jury deliberated for 13 hours over three days before reaching its verdict, which was announced at 2:51 p.m. today.

    Hennis showed no reaction. One of his lawyers put an arm around him and Hennis' wife, Angela, began to weep.

    Hennis will also be reduced in rank to E-1, forfeit all pay and benefits, and be dishonorably discharged from the military for the murder of Kathryn Eastburn and two of her young daughters.

    Gary Eastburn, her widower, said afterward he believed the sentence was appropriate. He said he doesn't care if the death sentence is ever carried out as long as Hennis remains behind bars.

    Eastburn called Hennis a coward and said he can never forgive him.

    "I can't describe how angry I am at him," Eastburn said.

    Frank Spinner, one of Hennis' lawyers, said he will continue to fight for Hennis through the appeals process.

    "Timothy Hennis has maintained his innocence from day one," Spinner said.

    Spinner said Hennis' family wanted to express their sympathy to Kathryn Eastburn's relatives. He said Hennis' family is standing by him.

    "They love him as a husband, as a father and a grandfather now, and as a brother," Spinner said.

    The attorney said he is still contesting the Army's jurisdiction over the case.

    The Army took up the case in 2006 after DNA evidence, previously untested, linked Hennis to the murder scene.

    During the trial, Spinner argued that Hennis' DNA, found present in Kathryn Eastburn's body, could have originated during consensual sex days before she was killed.

    Asked today if Hennis had ever told him that he and Eastburn had had sex, Spinner refused to answer, citing the privacy afforded by attorney-client privilege.

    Spinner said he plans to appeal based on numerous prejudicial rulings that he said the judge made. He said those rulings included allowing the jury to continue voting on the death penalty after indicating they had already done so unsuccessfully.

    The jury had two options: the death sentence or life in prison with a chance of parole.

    At the end of Wednesday's session, the jury appeared to be divided - possibly 13-1 - in favor of sentencing Hennis to death

    A death sentence required a unanimous vote; a life sentence would have required agreement from at least 11 jurors.

    The 14-member jury voted unanimously last week to convict Hennis of murdering Eastburn, 31, and daughters Kara, 5, and Erin, 3, in their home in the Summerhill neighborhood near Fort Bragg in May 1985. The Eastburns were stabbed to death.

    In 1985, Hennis was a sergeant stationed at Fort Bragg. He was arrested by civilian law enforcement a few days after the bodies were found.

    He was convicted in the North Carolina court system in 1986, won a new trial on appeal in 1988 and acquitted at the new trial in 1989.

    http://kaaltv.com/article/stories/S1...html?cat=10219

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    Army judge hears appeal in 1985 NC family murders

    A military judge is reviewing the murder conviction of a former Fort Bragg soldier recalled to Army duty so he could be tried for three North Carolina murders.

    The Fayetteville Observer reported Friday that Timothy Hennis is scheduled to return to court Friday at Fort Leavenworth, Kan. Hennis is on the military's death row at the Army post.

    He wants to overturn his conviction at a court-martial last year.

    The 52-year-old Hennis was first convicted of killing Kathryn Eastburn and her 5- and 3-year-old daughters in 1985 but that conviction was overturned. He has maintained his innocence.

    Hennis is separately asking a federal appeals court to rule that the Army had no jurisdiction and shouldn't have forced him back into uniform after he was discharged.

    http://www.blueridgenow.com/article/...APN/1101212467

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    NC soldier: SBI lab problems should mean new trial

    FORT LEAVENWORTH, Kan. -- Attorneys for a former Fort Bragg soldier who is on death row in the killings of a mother and her two children say problems at North Carolina's crime lab should give him a new trial.

    Jurors in the military trial might have changed their minds about convicting Timothy Hennis or sentencing him to death if defense attorneys were aware that a State Bureau of Investigation crime lab worker who testified was accused of writing misleading reports in other cases, according to The Fayetteville Observer, which had a reporter at a hearing Friday held at Fort Leavenworth where Hennis is imprisoned.

    The military judge, Col. Patrick Parrish, didn't make a ruling at the hearing, saying he would issue a written decision later.

    Hennis was convicted at a court-martial last year after he was recalled to Army duty to face a trail in the killings of Kathryn Eastburn and her 5- and 3-year-old daughters more than 25 years ago. Hennis was originally found guilty of the slayings in state court in 1985, but that conviction was overturned.

    Problems in the SBI lab surfaced shortly before Hennis' court-martial began and his attorneys didn't have time to digest them, said one of Hennis' lawyers, Lt. Col. Andrew Glass.

    A lab worker who testified about DNA evidence, Brenda Bissette Dew, was cited two dozens times in other cases for writing misleading reports. If Hennis' lawyers had known that, they would have tried to discredit her testimony, Glass said.

    “It's evidence of her bias,” Glass said. “She thinks she works for the government. She thinks it's her job to put Master Sgt. Hennis away.”

    But prosecutors argued that defense attorneys never questioned the credibility of the DNA evidence Dew presented and have never released the results of their own DNA tests.

    Capt. Jody Young, a prosecutor, also pointed out the defense argued the DNA resulted from consensual sex between Hennis and Eastburn.

    “How can you argue consent and then say (the SBI) got it wrong?” Young asked.

    Army prosecutors began pursuing Hennis again in 2006 after a new DNA test linked Hennis from evidence collected from Eastburn's body.

    Young also asked the judge to consider Eastburn's family and not make her husband have to go to another trial and “tell 14 more strangers how he felt when his family was murdered.”

    The judge did deny a request from defense attorneys to get documents from an investigation into the SBI crime lab.

    Hennis is separately asking a federal appeals court to rule that the Army had no jurisdiction and shouldn't have forced him back into uniform after he was discharged.

    http://www.thesunnews.com/2011/01/22...#ixzz1BnkQqGBA

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    Army judge rejects new trial in NC triple murder

    A military judge has denied a request for a fourth trial from a former Fort Bragg soldier convicted of killing a mother and two of her children.

    The Fayetteville Observer reports that Col. Patrick Parrish's ruling on the request by Timothy Hennis was released Thursday.

    Hennis was convicted of killing Kathryn Eastburn and her 5- and 3-year-old daughters last year after two previous trials. He has maintained his innocence.

    He's currently on the military's death row at Ft. Leavenworth, Kan.

    Lawyers for the 52-year-old Hennis argued that problems with a North Carolina state crime lab should have meant a new trial for Hennis.

    The trial record now goes to Fort Bragg's commanding general for review.

    http://www.dailycomet.com/article/20...-triple-murder

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    Court-martial murder conviction appealed

    RICHMOND, Va. (UPI) -- A former U.S. Army master sergeant argues the military court that convicted him of killing a woman and two children in 1986 had no jurisdiction over the case.

    Timothy Hennis, who was sentenced to death for the triple homicide, was convicted of the killings in Fayetteville, N.C., and then acquitted after winning an appeal. He was retried after a detective in 2006 linked him to the crime through DNA testing.

    Hennis was court-martialed because the Fifth Amendment's double jeopardy provision banned North Carolina from trying him again, ABC News reports. His lawyers are scheduled to argue in October to a federal appeals court that the court-martial was unconstitutional.

    Kathryn Eastburn, the wife of Air Force Capt. Gary Eastburn, and two of their children were found dead in their home near Fort Bragg. Prosecutors said Hennis, who had received a dog from the Eastburns several days earlier, had broken in, raped and killed Eastburn and then killed the children.

    After his acquittal, Hennis returned to the military, serving in the First Gulf War. He retired in 2004 but was ordered to return to active duty to be tried.

    Hennis is now on death row at Fort Leavenworth in Kansas. While several people have been sentenced to death by courts-martial, the military has not held an execution since 1961.

    http://www.upi.com/Top_News/US/2011/...#ixzz1WoyxTTgV

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    When will the military ever conduct another execution?? It's unlikely it would happen under Obama BUT he is pro death penalty is some cases.

    Don't think all Dems are anti-death penalty. A fair number are not.

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    Timothy Hennis v. Frank Hemlick

    Court rules against ex-soldier in NC triple murder

    A federal appeals court has affirmed a judge's refusal to intervene in the case of a former Fort Bragg soldier on the military's death row for killing and mother and two of her children.

    A three-judge panel of the 4th U.S. Circuit Court of Appeals on Tuesday unanimously rejected a claim by Timothy Hennis that the extraordinary circumstances of his case warrant federal court intervention in the military criminal case. In doing so, the court upheld a decision by U.S. District Judge Terence Boyle in Raleigh.

    Hennis was first convicted in of killing Kathryn Eastburn and her 5- and 3-year-old daughters in 1986. That conviction was overturned on appeal, and he was acquitted in a retrial in 1989. He later was convicted in military court. Hennis has maintained his innocence.

    http://www.newsobserver.com/2012/01/...#storylink=cpy

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