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

[kbl8201]

thanks for ignoring me

 

[Boyz_Mum]

thanks for ignoring me

Please don't feel like you're being ignored.

http://www.websleuths.com/forums/showthread.php?t=52582&highlight=Tim+Hennis

http://www.websleuths.com/forums/showthread.php?t=41362&highlight=Tim+Hennis

These are links to discussions about Tim Hennis, on WS.

I am not able to answer your question, but I think the reason the military brought Hennis out of retirement is because they can try him where he couldn't be retried in a "normal" trial?

I hope this makes sense, and if it doesn't, I hope you can forgive me? I'm not well versed on the law (and most other things). :blushing:

 

[kbl8201]

Please don't feel like you're being ignored.

http://www.websleuths.com/forums/showthread.php?t=52582&highlight=Tim+Hennis

http://www.websleuths.com/forums/showthread.php?t=41362&highlight=Tim+Hennis

These are links to discussions about Tim Hennis, on WS.

I am not able to answer your question, but I think the reason the military brought Hennis out of retirement is because they can try him where he couldn't be retried in a "normal" trial?

I hope this makes sense, and if it doesn't, I hope you can forgive me? I'm not well versed on the law (and most other things). :blushing:

thanks.

it really does seem like he is guilty
but i dont like the constitution being abused to put a murderer away.......if you cancel double jeopardy to get a killer, you can just as soon do it to frame up an inncoent person

 

[Boyz_Mum]

thanks.

it really does seem like he is guilty
but i dont like the constitution being abused to put a murderer away.......if you cancel double jeopardy to get a killer, you can just as soon do it to frame up an inncoent person

I go back and forth with whether I think he's innocent or guilty. After seeing the movie, I kind of felt he was innocent, but then reading comments, I start thinking he's guilty.

Until this case, I didn't know that military law (if that's what it's called?) operated seperately (sort of) than regular civilian law/courts. I didn't look at it how you explained your opinion on Double Jeopardy, until reading your post.

I am praying this works out as justice for the victims.

 

[kbl8201]

I go back and forth with whether I think he's innocent or guilty. After seeing the movie, I kind of felt he was innocent, but then reading comments, I start thinking he's guilty.

Until this case, I didn't know that military law (if that's what it's called?) operated seperately (sort of) than regular civilian law/courts. I didn't look at it how you explained your opinion on Double Jeopardy, until reading your post.

I am praying this works out as justice for the victims.

thing that annoys me most, is that when you join the armed service, you take an oath to "protect and defend the constitution". why shoud you swear that oath if that same constitution doesnt protect you?

 

[lonetraveler]

i hate that you have to live with that if this guy really is guilty.
but since when does double jeopardy not attach when a person is acquitted?

The military has its own judicial system and does not have to go by what the state finds in a court for military personnel. The state tried him the first time, guilty, the second time, not guilty. Along comes new evidence pointing to his guilt and the military exerts their right to try one of their own in their own court. Double jeopardy does not apply unless the military has already tried him.

BTW, you were not ignored. I had filed information and links that would have explained way better than I could the reason why the military could try Hennis. Yesterday when I was going to send them to you, they had disappeared. I have a lot going on right now.

 

[kbl8201]

The military has its own judicial system and does not have to go by what the state finds in a court for military personnel. The state tried him the first time, guilty, the second time, not guilty. Along comes new evidence pointing to his guilt and the military exerts their right to try one of their own in their own court. Double jeopardy does not apply unless the military has already tried him.

BTW, you were not ignored. I had filed information and links that would have explained way better than I could the reason why the military could try Hennis. Yesterday when I was going to send them to you, they had disappeared. I have a lot going on right now.

to me that's cirumventing the constitution cause they didnt like the acquittal 20 years ago. like i said in a previous post, when your sworn into the armed services, your sworn to protect and defend the constitution. why should you take an oath if something as simple as the double jeopardy clause cant be used on your side if the military decides so?

 

[Rachy]

I have seen the movie and after reading the posts I am going to order the book. I was torn when I watched the movie. I would love to be a cold case detective and find the killers after all these years on a case. There were the coincidences that made it sound like he did it but there are also the coincidences that sound like he didnt do it.

I would think this would be a cold case at the top of a cold case list in their state so I wonder why it took so many years of DNA testing being out there, that they waited until 2006 to test the DNA. I believe this may be an issue of a person associated with the case who wants him in prison and has contaminated evidence. They should see if anyone on the original case had access to any of the evidence in storage.

Some things that make me think he is innocent is the odd babysitter, the Mr X cards, the use of the atm when he was on base and was seen on base, and the phone calls. I have always wondered since I saw the movie why they couldn't have checked phone records coming into her house or the house of the witness. Wasn't that technology available in the 80's?

From what I saw in the movie and have read in articles it sounds like the police didnt follow leads. (I wonder if there was an election around that time) They took the easy suspect because Tim had gotten the dog from the Eastburns. They did not follow up on suspicious vehicles and relied on people who thought they saw Tim but never really seemed sure. If they were so suspicious of a person being at her house during those times that they got such a good look at him, why didn't they call the cops right away? It is all odd to me. Could they have remembered seeing him there when he got the dog and just had his image in their minds?

It seems to me like Tim took lie detector tests and I cant remember how it turned out but why can't they still do that to him or other people. Get other suspects like the grocery store guy or the babysitter and give them lie detector tests.

I just dont really believe DNA can always be relied upon. There was a case in my area where a guy spent 18 yrs in prison for a rape and murder, was exonerated by DNA evidence even though it sounded like they weren't 100% certain it wasn't his, and within about a year went out and raped and murdered another young woman. Witness testimony had also led him to be convicted the first time and with the DNA evidence, it proved witnesses can error. I had to pick someone out of a lineup once and it was hard because they get people who pretty much look similiar. I ended up choosing the right one but it was a fairly difficult choice. Witnesses are treated like they have to choose someone and these people might have been pressured into just choosing and ended up choosing Tim because they remembered him being at the house before.

It's hard to believe that if Tim did commit the crime, that he has spent the last 20 years as a good citizen, has fought for our country, and never said a word about committing the crime. Usually the criminals talk and I would guess especially after they would think since they were found not guilty and double jeopardy wouldn't apply, that it wouldn't matter if they admitted guilt now.

This is all just my opinion and I hope to learn more when I read the book. I wish I could be a cold case detective and go over all of the evidence and catch the person who really did do this because they deserve to be locked away and given the death penalty.

 

[Boyz_Mum]

Welcome to Websleuths, Rachy.

This is one case that I am anxious to see solved and have justice served for the victims. I go back and forth with myself regarding Hennis, one day I think he's innocent, one day I think he's guilty.

If you get the book and read it, I'd love to hear what you think of it. I leaned toward Hennis being innocent, after watching the movie. I haven't read the book.

Here are a couple of links where the crime has been discussed here on Websleuths (in different areas of the forum):

http://www.websleuths.com/forums/showthread.php?t=65680&highlight=Tim+Hennis

http://www.websleuths.com/forums/showthread.php?t=41362&highlight=Tim+Hennis

 

[Boyz_Mum]

A couple of newer articles regarding the third trial in this case:

http://www.fayobserver.com/Articles/2009/12/30/964463

Judge denies defense motions in Hennis case (title of above linked article)

http://www.wtkr.com/news/sns-ap-nc--tripleslaying,0,6477829.story

Military judge says Army can prosecute sergeant after acquittal in North Carolina court (title of second article)

 

[Boyz_Mum]

A couple of newer articles regarding the third trial in this case:

http://www.fayobserver.com/Articles/2009/12/30/964463

Judge denies defense motions in Hennis case (title of above linked article)

http://www.wtkr.com/news/sns-ap-nc--tripleslaying,0,6477829.story

Military judge says Army can prosecute sergeant after acquittal in North Carolina court (title of second article)

 

[Boyz_Mum]

A couple of newer articles regarding the third trial in this case:

http://www.fayobserver.com/Articles/2009/12/30/964463

Judge denies defense motions in Hennis case (title of above linked article)

http://www.wtkr.com/news/sns-ap-nc--tripleslaying,0,6477829.story

Military judge says Army can prosecute sergeant after acquittal in North Carolina court (title of second article)

 

[Boyz_Mum]

http://www.fayobserver.com/Articles/2010/01/06/965696 (snip- more at link)

Frank J. Spinner, Hennis' civilian lawyer in the new trial, said Richardson filed the lawsuit as a procedural matter - the law requires a lawyer licensed in the Eastern District of North Carolina to file a petition on Hennis' behalf.
Lawyers argue in the petition that a military trial would violate Hennis' constitutional rights because the Army lacks jurisdiction.

 

[Boyz_Mum]

http://www.fayobserver.com/Articles/2010/01/06/965696 (snip-more at link)

Frank J. Spinner, Hennis' civilian lawyer in the new trial, said Richardson filed the lawsuit as a procedural matter - the law requires a lawyer licensed in the Eastern District of North Carolina to file a petition on Hennis' behalf.
Lawyers argue in the petition that a military trial would violate Hennis' constitutional rights because the Army lacks jurisdiction.

 

[Boyz_Mum]

http://www.fayobserver.com/Articles/2010/01/06/965696 (snip-more at link)

Frank J. Spinner, Hennis' civilian lawyer in the new trial, said Richardson filed the lawsuit as a procedural matter - the law requires a lawyer licensed in the Eastern District of North Carolina to file a petition on Hennis' behalf.
Lawyers argue in the petition that a military trial would violate Hennis' constitutional rights because the Army lacks jurisdiction.

 

[impatientredhead]

http://www.fayobserver.com/Articles/2010/01/06/965696 (snip-more at link)

Frank J. Spinner, Hennis' civilian lawyer in the new trial, said Richardson filed the lawsuit as a procedural matter - the law requires a lawyer licensed in the Eastern District of North Carolina to file a petition on Hennis' behalf.
Lawyers argue in the petition that a military trial would violate Hennis' constitutional rights because the Army lacks jurisdiction.

http://ftp.resource.org/courts.gov/c/F3/81/81.F3d.343.95-3183.html

Interesting read on the rules about trying someone after a discharge from the military.

 

[Sameera]

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?

I doubt that any DNA evidence from the Mr. X postcards will be reliable or admissible. Too many people have been handling them.

However, I wonder about these threatening phone calls prior to the murders as well, especially since a defence witness was called in the second trial who testified she had received similar phone calls. As far as I know, there was never any investigation into the phone calls and they were never linked to Hennis. What about phone records?

 

[BOZGAL]

Jury selection in the court martial of Master Sgt. Timothy Hennis began at Fort Bragg on Tuesday, despite multiple attempts by the defense to get the court-martial postponed.

Hennis, 52, is charged with murder in the death of Kathryn Eastburn and two of her children in Fayetteville in 1985. He could face the death penalty if convicted.

Lawyers for Hennis asked the military judge to postpone the court-martial while a federal judge in Raleigh decides if the military has jurisdiction in the case.

If U.S. District Judge Terrence Boyle issues a stay once the court-martial is under way, it could be "highly destructive," said defense lawyer Frank Spinner.

Prosecutors questioned the first batch of 19 potential jurors Tuesday morning, but no jurors had been seated by 11 a.m.

Read more at:

http://www.fayobserver.com/Articles/2010/03/02/980233

I believe Hennis is innocent.

 

[lonetraveler]

http://fayobserver.com/Articles/2010/03/10/982299

Just a bump for current info. Jury selection is nearly complete.

 

[lonetraveler]

Welcome to Websleuths, Rachy.

This is one case that I am anxious to see solved and have justice served for the victims. I go back and forth with myself regarding Hennis, one day I think he's innocent, one day I think he's guilty.

If you get the book and read it, I'd love to hear what you think of it. I leaned toward Hennis being innocent, after watching the movie. I haven't read the book.

Here are a couple of links where the crime has been discussed here on Websleuths (in different areas of the forum):

http://www.websleuths.com/forums/showthread.php?t=65680&highlight=Tim+Hennis

http://www.websleuths.com/forums/showthread.php?t=41362&highlight=Tim+Hennis

The author of the book was very bias on his opinon about Hennis. He believed that Hennis was innocent and wrote the book accordingly.