Posted on 08/18/2007 7:00:37 AM PDT by brityank
Soldier cleared of murder in civilian court 18 years ago to face court-martial in the deaths
By: MIKE BAKER - Associated PressRALEIGH, N.C. -- A soldier cleared of a triple murder in civilian court 18 years ago will face a military court-martial for the same crimes, an Army general ordered Friday.
The Army will try Master Sgt. Timothy Hennis on three counts of premeditated murder in the May 1985 deaths of Kathryn Eastburn, 31, and two of her daughters -- Kara Sue, 5, and Erin Nicole, 3.
Hennis was convicted and sentenced to death for the crimes in 1986, but the state Supreme Court awarded him a new trial after finding the first trial was run unfairly and with weak evidence.
A second jury acquitted Hennis in April 1989.
Last year after a detective reviewing the case uncovered DNA evidence that couldn't be tested using technology available in the mid-1980s.
State officials couldn't charge Hennis again, so the new evidence was given to the Army, which recalled Hennis to active duty and began an investigation into the deaths. Hennis had retired from the military in 2005.
In ordering the court-martial, 18th Airborne Corps commander Lt. Gen. Lloyd Austin dismissed a rape charge. In 1985, the military had a three-year statue of limitations on rape charges. The limit was changed in 1986, but not made retroactive.
Here’s one to point to when someone says the Military doesn’t prosecute their own.
He’s are screwed.
Double jeopardy doesn’t extend to the Military. I think they told me that like the 5th day of boot
The new DNA laws explain why it isn’t double jeopardy.
http://www.dna.gov/uses/postconviction/
Postconviction Testing
I would consider it double trial, since he already was cleared in another court.
oops!
I should have said that they told me even if the civi’s can’t get you doesn’t mean we won’t. And If you retire, you will always be subject to the UCMJ
That case prompted a True Crime PB, which took the POV that the case was an Inspiring, Uplifting example of Justice Done and Innocence Vindicated. Weird to read about this apparent reversal. I wonder if the PB will be republished edited and with a few new chapters?
Yeppers.
If the synopsis I linked is to be believed, then he was/is railroaded, and the NC prosecutor is back for blood.
Disagree with what? I gave you the link. You can surf the site yourself.
The cops in the Rodney King trial were found not Guilty in their State trial so the went with Federal Charges
You really find some kewel stuff, you know that?
Robert Bork famously said that if he were guilty he would rather face a civilian jury, if innocent, a court-martial.
Does sound like double-jeopardy.
I’m keeping my fingers crossed for O.J. take 2.
Ok, I am an illegal alien or a regular Joe. I do this crime and nothing can be done to me. But because I was in the service, I am going to get tried for ‘triple jeopardy’?
Something ain’t right here!
I did. There’s no constitutional reference that invalidates the restriction, unless you believe in a ‘living’ document.
See tagline, it’s been there forever.
I do thank you for your prodigious culling of links, you do find valid references.
>>>There’s no constitutional reference that invalidates the restriction, unless you believe in a ‘living’ document.
I can’t help you with that. But at least you know where the site is now.
Fascinating case. This is really strange how he can be found innocent in a civilian courtroom, but retried under the UCMJ. Your post indicates new DNA evidence, but I thought the reference said at least some DNA analysis was done at the time. Specifically the DNA from the woman’s rape was not a match. Think this is why they are dropping the rape charge - because he didn’t rape her? I would think that would be pretty important to prove unless he had an accomplice. Still, fascinating (unless your Tim Hennis).
The thing to remember here is the military justice system is a completely different animal from the civilian justice system.
The two are not linked in any way shape or form, so Double jeopardy is not an issue here.
After 24 years in the Air Force and involvement in several justice matters involving co-workers or my own troops — in the military you are considered GUILTY until you can prove your innocense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.