GUILTY NC - Tim Hennis on trial in the '85 Eastburn murders, Fort Bragg

[Mary456]

The goverment is the one asking for more time to prepare.

I guess I shouldn't have said it was the defense asking for more time, because we really don't know. Could be the defense, could be the prosecution. However, 9 times out of 10, it's the defense asking for more time, because every delay is to their advantage.

The composite was also a dead ringer for a neighborhood boy that walked to work by the house every morning.

That would be John Raupach. No, the composite sketch wasn't a dead ringer for him. It was a dead ringer for Tim Hennis, the man Patrick Cone clearly saw within four feet of him, under a streetlight.

John Raupach didn't commit this crime; the defense even admitted that he didn't. He was a seventeen-year-old high school student who happened to live in the neighborhood. He passed a polygraph and had an airtight alibi for the first bank transaction.

The defense used him to confuse the jurors in Hennis's retrial, and it worked!

 

[Sameera]

This could be the first time that DNA proves, twenty-three years after the fact, that a "not guilty" verdict was wrong.


We'll have to wait and see what the outcome is - whenever that is going to happen.

 

[Sameera]

Ya know, in rereading the book, the cards were really stacked against the State in the retrial. The prosecutors were new to the case, with very little time to prepare, while the defense lawyers stayed the same. They knew the case inside & out & had years to put their spin on the evidence. Also, right after the prosecutors rested their case, the Judge's wife became very ill & court was recessed for almost a month. That really took a punch out of the State's case, because the jurors probably forgot a lot of the information presented.

Imo, Tim Hennis was one of the luckiest dudes to ever walk the face of the earth. That luck may be running out, though.

A lot of that luck must be attributed to the State itself. The State must rue the day it utilised that horror slide-show in the first trial; it gave the Defence the edge it needed to win a retrial for Tim Hennis - and at the time that was unprecedented for a Death Row prisoner from North Carolina. Without the horror show Hennis might have been executed long ago. Ironic, isn't it?

 

[Sameera]

I did a google search for the latest on Tim Hennis. A pre-trial hearing was heard on 6 January, another is scheduled for 31 March and the trial is expected to start 7 July.

 

[Boyz_Mum]

I did a google search for the latest on Tim Hennis. A pre-trial hearing was heard on 6 January, another is scheduled for 31 March and the trial is expected to start 7 July.

Thanks for the update Sameera!

 

[lonetraveler]

I just caught a story on the local (Charlotte) news. Looks like the military is bringing him back to trial. I'm not familiar with this case, but will be catching up on it!


Capt. Larry Trotter of the Cumberland County Sheriff’s Office testified Monday for the second time in the pre-trial hearings in the murder case of Master Sgt. Timothy B. Hennis, explaining his role in reopening the case.
Hennis was convicted in 1986 for the rape and murder of Kathryn Eastburn and the murders of her daughters Kara and Erin. He was sent to death row. Hennis won a new trial on appeal and was acquitted in state court in 1989.
The Army is prosecuting Hennis for murder, based on DNA testing that was largely unavailable in the 1980s.

http://www.fayobserver.com/article?id=295606

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I served as a juror on the Tim Hennis trial. I have been following any stories about him since the second trial.

 

[lonetraveler]

I received my book Saturday and am halfway through it. I have to say that (just from the book) I don't see why he was brought to trial in the first place. I may change my mind further into the book, but I'm leaning towards this man being innocent. This is truly a heartbreaking, but fascinating case.

I'm very anxious to see what DNA evidence they now have. I'm still feeling like they've railroaded an innocent man.

I think they should also look at the babysitter again. I feel like she was involved somehow and I think it's absurd that she wasn't investigated back in 1985 and 1986 (unless she was and I haven't gotten that far in the book). I don't believe that Jeffrey MacDonald masterminded the Eastburn murders from prison, but I think the obsession Julie the babysitter had with him needs to be looked into.

I'm hoping that someone like Dateline or 48 hours will do an episode on this case, especially since it's been reopened.

I found this website this morning and wanted to share. Lots of good information here.

http://www.fayobserver.com/hennis/Hennis-1_content.html

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If you are referring to "Innocent Victims", I met with Scott, the author when he was writing this book. Scott has always worn "blinders" when it came to this trial. The dna was semen, matching Tim Hennis.

 

[lonetraveler]

The babysitter connection to Jeffrey MacDonald is touched on in this book--she corresponded with him in jail and she thought he was innocent. I believe she was also a drug informant for the police department, so maybe she had some connections to the seedy darkside of the town. They are some parallels between the MacDonald murders and the Eastburn murders--a tip of a latex glove being found at the crime scene, the fact that it happened in the same community (albeit more than a decade later). I think they even got one of the criminalists from the MacDonald case to look at some of the blood impression evidence at the Eastburn crime scene, and he seemed to think it was a "MacDonald copycat" type murder perpetrated possibly by the babysitter or people connected to her. The investigators didn't really pursue this theory and kept their focus on Hennis (sounds like they did the right thing!).

Newmom, I have to warn you. The book is fairly well written, but the description of the crime scene really disturbed me--I read this book when my daughter was ~ 3-4 years old (she's 15 yrs old now), and what this animal did to the children just broke my heart and all I could think about is what if something like that happened to my own daughter? I just say that because it sounds like you also have a young one at home (based on your user name) and I can tell you that those images stayed in my head for weeks after reading that book. Anyways, just thought I would give you a heads up on that part.

I'm really glad there are other people interested in this case. Despite all the books I've read, this case is one that has stuck in my head, along with the Jeffrey MacDonald murders as well--maybe because the brutality inflicted on such innocent babies.

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The description of the murders in Scott's book were really mild compared to the actual reports.

 

[lonetraveler]

The trial is set for July 2009. I hope since it is an usual trial, ie., third trial for murder. There has been much argument about 'Double Jeopardy", but the military has the right to retry Hennis since he was earlier tried in a state court.

 

[Boyz_Mum]

Thank you very much for the update and other information on the case.

 

[ckwood32]

The trial is set for July 2009. I hope since it is an usual trial, ie., third trial for murder. There has been much argument about 'Double Jeopardy", but the military has the right to retry Hennis since he was earlier tried in a state court.

Wow! Thanks for the info. I always wondered about this case! Seems if the DNA is semen and it's his - he HAS to be guilty.

 

[lp1964]

Hi Everyone -

I am very interested in this case as well. I've read the book and seen the movie, a friend of mine worked with Tim Hennis at Fort Lewis, WA from 2002-2004.

Just playing Devil's Advocate here - What if Hennis and Mrs. Eastburn did have consensual (sp?) sex?

The autopsy report does not indicate trauma to that portion of Mrs. Eastburn's body.

Now, Hennis admitting to such a relationship might just have made the case a slam dunk back in 1986 - when the prosecutor had already decided that Hennis was his man and basically ignored any other possible suspects and all of the holes in his case - in fact resorting to withholding evidence from the defense (the log sheet from Hennis' CQ duty proving his whereabouts while the ATM card was being used to get money out of the Eastburn's account) so I can see why if Hennis did have sex with Mrs. Eastburn it would not have been brought up. It most certainly would have ended Hennis' marriage, but more importantly, it would have cost him his life.

Also, I think the mis-matched fingerprints, smaller shoe prints, the fact that Hennis' car was absolutely free of evidence - could anyone commit a crime that bloody and not get something on his clothes or in the car somewhere? What about whatever he collected when he supposedly cleaned up the crime scene? He would have had to put that trash bag into his car to get it home to burn it in the burn barrel the next day, right? - all of these points depict a very narrowly focused and biased investigation. The prosecuting attorney and his co-counsel were about to be brought up on charges at the end of the second trial for misconduct. I can't remember why this didn't go forward except that the Hennis' were broke by this time.

The crime scene samples and Hennis' samples were admittedly cross-contaminated in the first trial. Then they were improperly controlled and stored for 20+ years. The chain of custody log is non-existent. More holes in an already swiss cheese-like case.

I also remember a sentence in the book about the baby-sitter mentioning that Mrs. Eastburn had been receiving threatening and harassing phone calls prior to her murder. Just like the other neighbor - or was it the paper lady who saw the blue van in front of the Eastburn house that morning? I wonder if they can get DNA evidence from the Mr. X postcards?

What I don't understand is why the military would actually pursue a case this shaky. Why do they allow Hennis to be out walking around if he is such a monster? Why do they allow him to freely travel throughout the country without fear of him taking off? This just doesn't make sense to me.

Anyway - I am following this case closely and will be quite interested in how the court martial goes in July.

Thanks everyone for all of the great information posted here. It is quite comprehensive - especially the link to the Fayetteville Observer site.

 

[Sameera]

Mr Hennis and Mrs Eastburn have consensual sex? I very much doubt that - there is no evidence of their having a relationship, just a piece of business over the sale of the dog. The lack of trauma may be due to the attacker forcing Mrs Eastburn to comply and stay quiet and still while he...did it.

 

[lonetraveler]

Wow! Thanks for the info. I always wondered about this case! Seems if the DNA is semen and it's his - he HAS to be guilty.

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The worst frustration during the trial was that the forensics at that time could not positively match Hennis. The jury was so frustrated at this. If the jury knew at that time that the dna (semen) matched Hennis, it would have been a slam dunk case.

 

[lonetraveler]

Mr Hennis and Mrs Eastburn have consensual sex? I very much doubt that - there is no evidence of their having a relationship, just a piece of business over the sale of the dog. The lack of trauma may be due to the attacker forcing Mrs Eastburn to comply and stay quiet and still while he...did it.

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The crime scene was a nightmare. Mrs. Eastburn fought very hard to save her children. I'm sure that she did everything necessary to try and save her babies. There was plenty of bloody evidence that there was a very courageous battle from the living room to the bedrooms. It was obvious that the fight was from a mother trying to protect her babies.

 

[Sameera]

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The worst frustration during the trial was that the forensics at that time could not positively match Hennis. The jury was so frustrated at this. If the jury knew at that time that the dna (semen) matched Hennis, it would have been a slam dunk case.

Yes, it is really annoying that this case occurred just before DNA testing became available. The tests available at the time were not conclusive enough to rule anyone in or out, and by the time DNA testing was available at the second trial, the test could not be done on the semen because it had not been properly preserved. Instead, the whole case hinged on Patrick Cone and the reliability of his identification of the walker.

 

[Sameera]

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The crime scene was a nightmare. Mrs. Eastburn fought very hard to save her children. I'm sure that she did everything necessary to try and save her babies. There was plenty of bloody evidence that there was a very courageous battle from the living room to the bedrooms. It was obvious that the fight was from a mother trying to protect her babies.

Definitely NOT a consensual act of sex between Hennis and Mrs Eastburn, then. But what about this jazz about lack of trauma to Mrs Eastburn's vaginal area or whatever it was?

 

[lp1964]

Google News Alert for: Eastburn Murders

Army prosecutor: Jurors shouldn't hear 'acquittal'
WBTV - Charlotte,NC,USA
... of a soldier who was acquitted of the same murders in civilian court. ... in the 1985 deaths of Kathryn Eastburn and her two daughters, Erin and Kara. ...

Hennis prosecutors want no reference to acquittal
FayObserver.com - Fayetteville,NC,USA
Hennis, 51, is facing his third trial in the murders of Kathryn Eastburn and two of her daughters, 5-year-old Kara and 3-year-old Erin. ...


Google Blogs Alert for: Eastburn Murders

Army prosecutor: Jurors shouldn't hear word 'acquittal'
Hennis, 51, is charged with premeditated murder in connection with the 1985 fatal stabbings of Kathryn Eastburn, 31, and her two daughters, 3-year-old Erin and 5-year-old Kara. Investigators also said Eastburn was raped. ...
WSJ News - http://www2.journalnow.com/content/list/news/
Army prosecutor: Jurors shouldn't hear 'acquittal'
Master Sgt. Timothy B. Hennis is charged in the 1985 deaths of Kathryn Eastburn and her two daughters, Erin and Kara. His conviction and death sentence in civilian court was overturned on appeal, and the second jury acquitted him. Although he retired from the Army in 2004, he was recalled to ... FORT BRAGG, N.C. (AP) _ Military prosecutors want a judge to bar the word "acquittal" during the murder trial of a soldier who was acquitted of the same murders in civilian court. ...
WSJ News NC/Politics - http://www2.journalnow.com/content/list/news/ncpolitics/

 

[lp1964]

Yes, it is really annoying that this case occurred just before DNA testing became available. The tests available at the time were not conclusive enough to rule anyone in or out, and by the time DNA testing was available at the second trial, the test could not be done on the semen because it had not been properly preserved. Instead, the whole case hinged on Patrick Cone and the reliability of his identification of the walker.

So if the semen sample was not properly preserved in the 80's how could it be viable now? That seems like a very weak part of the Army's case but a major point upon which their case is based. Especially if the packaging of the evidence swabs was compromised sometime in the last 20+ years and there is a gap in the chain of custody logs for those swabs.

 

[mysteriew]

Hi Everyone -

I am very interested in this case as well. I've read the book and seen the movie, a friend of mine worked with Tim Hennis at Fort Lewis, WA from 2002-2004.

Just playing Devil's Advocate here - What if Hennis and Mrs. Eastburn did have consensual (sp?) sex?

The autopsy report does not indicate trauma to that portion of Mrs. Eastburn's body.

.

snipped

Did the autopsy indicate whether she was alive during the act? Certainly if she wasn't alive, there wouldn't be trauma.