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

[sundrop]

For sure semen does not have a date or time stamped on it. There was DNA (semen) on the victim that was not collected by NC medical examiner’s office. Having access to this evidence and being able to compare it to the vaginal swab that was tested would have been most interesting. Without testing and comparisons one can’t make the assumptions that it would have been the same DNA profile.

Also, finding unknown male DNA in a number of locations at the crime scene and running that through CODIS may have produced a hit. Certainly, the defense should have been given the opportunity to have this done.

Beyond the above, the social background of Kathryn has never been investigated. Overall, the defense did a poor job in this case.

 

[Sameera]

It doesn't sound like the DNA issue is going to end with the guilty verdict, or even with Hennis being executed. Questions, arguments, blocking some evidence from the jury, and so forth are going to drag on. There are loose ends and unanswered questions that are still bugging people, and as yet neither side has done anything to investigate them properly.

I used to think Hennis was innocent after the Whisnant book and movie. But now, like a lot of people here after the DNA testing, I don't know what to think anymore.

 

[Sameera]

It appears that the testimony of Jennifer Hopper, a former forensic biologist for the N.C. State Bureau of Investigation is what sealed Hennis' fate. From what I can find, she was very strong in arguing that it was Hennis' Y chromosomes in Kathryn's Vagina. That pretty much nails it. There may have been other male DNA on a hand towel at the crime scene, there may have been other samples that were not tested and there may have issues with the preservation and chain of custody of the samples but there was no getting around the fact that it was HIS DNA.

Yes, from what I have gathered it was the Hopper evidence that was the most damaging and needed fierce rebuttal from defence experts, not defence trying to explain it away with consensual sex.

 

[BOZGAL]

And here is another thread on the case from a board which discusses things military. One correspondent has a theory that Patrick Cone is the real murderer! Whoa....

http://www.militarytimes.com/forum/...iple-murder-trial-delayed-for-5th-time/page27

I'm still puzzled as to why the crime scene was altered Fatal-Vision style. Seems rather gilding-the-lily, risky and time-consuming to me. Wouldn't it be safer to dispose of the bodies or set fire to the place to destroy the evidence? I find it hard to believe that Jeff McDonald engineered it to force a re-opening of his case.

I finally had time to read all of those comments for the past several years.
WOWZAS.
I had not heard about that cold case in Leland in 1987. The similarities are mind-boggling to me.
And I still have major problems with that babysitter and her connection to JM. I do not doubt that TH was a ladies man back in the day. Always felt he was.

jmo

 

[Sameera]

I finally had time to read all of those comments for the past several years.
WOWZAS.
I had not heard about that cold case in Leland in 1987. The similarities are mind-boggling to me.
And I still have major problems with that babysitter and her connection to JM. I do not doubt that TH was a ladies man back in the day. Always felt he was.

jmo

The cold case Leland case and its similarities to the Eastburn case were discussed at the end of the Whisnant book. The president of the National Organization for Women was similarly murdered in 1990. It also says that after the latter, Jerry Beaver (Hennis's lawyer) received an anonymous postcard from the North Carolina hills saying "Ah! History". There was no discussion as to whether this postcard has been compared to the Mr X letters. No connection has ever been made between Hennis and these two cases despite their similarities to the Eastburn case.

Well, whether these two cold cases are related to the Eastburn murders or not, let's hope the cold case teams manage to crack them. Can't have the murderer/s escaping justice.

 

[Boyz_Mum]

Found the GOLO but still no luck in viewing the comments. Do you have to be registered and logged in?

I just clicked on the link (just now) and it had a note of 38 comments with the golo logo. I'm not registered with that site, their page just loads that way for me. Sorry I'm not more help.

 

[BOZGAL]

The cold case Leland case and its similarities to the Eastburn case were discussed at the end of the Whisnant book. The president of the National Organization for Women was similarly murdered in 1990. It also says that after the latter, Jerry Beaver (Hennis's lawyer) received an anonymous postcard from the North Carolina hills saying "Ah! History". There was no discussion as to whether this postcard has been compared to the Mr X letters. No connection has ever been made between Hennis and these two cases despite their similarities to the Eastburn case.

Well, whether these two cold cases are related to the Eastburn murders or not, let's hope the cold case teams manage to crack them. Can't have the murderer/s escaping justice.

I am very happy to say my copy of Innocent Victims is on the way and I am very anxious to read it.

I just had not heard about that Leland case at all but I only moved back to NC in 1995. I do pray they break that case as well as this one as I firmly stand behind my views on TH innocence. I do not like the idea of a murderer roaming amongst the public as you never know when they may strike again.

jmho

 

[lonetraveler]

I am very happy to say my copy of Innocent Victims is on the way and I am very anxious to read it.

I just had not heard about that Leland case at all but I only moved back to NC in 1995. I do pray they break that case as well as this one as I firmly stand behind my views on TH innocence. I do not like the idea of a murderer roaming amongst the public as you never know when they may strike again.

jmho

In the Leland case, the small toddler was left unharmed, walking around the bed. Too young to be a witness. Just like Jana.

 

[Sameera]

I hear that the Defence is concluding its arguments to spare Hennis the death penalty. I hope that at least for his daughter's sake, they do - she is expecting a baby right now. Otherwise, I can't see much else that will sway them to spare the death penalty, especially when Hennis maintains his innocence. Whether that is true or not, it will count against him, as I imagine a military jury would be more likely to be right-wing and be less moved by "bleeding-heart liberals".

Poor woman; the prospect of seeing her father back in prison must bring back unhappy childhood days of seeing him only through a window in the prison visit room and being too young to understand the reason. And even if he is spared the death penalty, she now faces the prospect of seeing her child going through the same thing with his/her grandfather.

 

[BOZGAL]

Hennis fate now in jury's hands

Published: 02:55 PM, Tue Apr 13, 2010

A military jury began deliberating the punishment for Army Master Sgt. Timothy Hennis just before 3 p.m.

Hennis, 52, was convicted last week of premeditated murder in the killing of Kathryn Eastburn and two of her daughters in Fayetteville in 1985. The same jury that convicted him will decide whether to sentence him to death or life in prison with the possibility of parole. A unanimous verdict is required to impose the death penalty.

Closing arguments finished at 2:05 p.m., and deliberations began at 2:47.

http://www.fayobserver.com/Articles/2010/04/13/990761

 

[sundrop]

At 4:53 p.m., the jury sent three questions to the judge asking about the possibility of Hennis getting parole if sentenced to life in prison and if Hennis would be eligible for retirement benefits from the Army if sentenced to life in prison.

The jury also asked if it should provide a sentence for each murder Hennis committed.

The judge said Hennis would not be eligible for retirement benefits and that it would be highly unlikely he would be eligible for parole in the future.

He also said the jury should decide a sentence for the case on the whole, not on each murder.

 

[Sameera]

I wonder how the appeal will work out. I still feel it was fate intending Hennis to be convicted and then acquitted on retrial; it was just so amazing that the court of appeal granted the retrial, and so quickly. It was unheard of at the time (both the speed of their reply and a NC death row inmate receiving a second trial). It was all thanks to that horror slide-show at the first trial; I'll bet no state attorney has tried that ploy since! And it just seemed to be fate not intending the defence to find "the walker" until straight after the first trial. :waitasec:

But it is not wise to tempt fate, so let us see where the appeal leads. If the conviction is wrong, the defence had better find a way to refute the DNA evidence, not get the verdict quashed on some technicality that will leave lingering suspicions and feelings that a triple killer got off on a technicality.:twocents:

 

[Sameera]

Take a look at this link. It says some scientist in Israel has demonstrated that it is possible to fabricate DNA evidence. Well, take a look and see what you think.

http://deathwatch.wordpress.com/2008/06/02/tim-hennis-pretrial-hearing/

 

[Maznblu1]

I wonder how the appeal will work out. I still feel it was fate intending Hennis to be convicted and then acquitted on retrial; it was just so amazing that the court of appeal granted the retrial, and so quickly. It was unheard of at the time (both the speed of their reply and a NC death row inmate receiving a second trial). It was all thanks to that horror slide-show at the first trial; I'll bet no state attorney has tried that ploy since!

I think the prejudicial value of horrific pictures is greatly overstated. I was on a jury in a murder trial. The crime scene pictures they showed us were awful - blood everywhere. The pictures didn't make me want to convict the individual any more or less. If the other evidence didn't show he was guilty the pictures wouldn't have had anything to do with him.

 

[Sameera]

I think the prejudicial value of horrific pictures is greatly overstated. I was on a jury in a murder trial. The crime scene pictures they showed us were awful - blood everywhere. The pictures didn't make me want to convict the individual any more or less. If the other evidence didn't show he was guilty the pictures wouldn't have had anything to do with him.

From what I have read, it was not that the state was showing gory photos (gory photos can't be helped in any violent crime) but the fact that they made such a great big spectacle of it with the slideshow and continually exposed the jury to it. Also, there was the matter of projecting it near Hennis' head. "The Show" as it was dubbed, became infamous. The appeal judges decided to watch "The Show" as well and decided it was excessive and could have inflamed the jurors (whether it actually had is beside the point).

Their ruling would have been a warning to other state prosecutors not to indulge in such "shows" because no prosecutor wants to run the risk of having a conviction overturned on those grounds.

 

[kbl8201]

the best way to fabricate dna evidence is to plant it at a crime scene or contaminate a sample in the lab

 

[Sameera]

the best way to fabricate dna evidence is to plant it at a crime scene or contaminate a sample in the lab

I don't think it was planted at the crime scene; at the time there were no suspects.

But the possibility of it being contaminated accidentally or deliberately in the lab is deeply disturbing, considering this case does have a history of prosecutorial misconduct (and an aborted misconduct hearing that I personally think the Defence should continued with). These have been attributed to the late Van Storey and to the best of my knowledge, no allegations of misconduct were attributed to the second prosecutorial team. As for the third team, I have no information.

By the way, in New Zealand there is a case (Scott Watson) involving possible DNA contamination. Something about one evidence bag having a rip in it and then being in close contact with another bag.

 

[sundrop]

The DNA is semen not any other body fluids.

 

[Maznblu1]

the best way to fabricate dna evidence is to plant it at a crime scene or contaminate a sample in the lab

We're actually talking about fabricating DNA in this case? Really? So somebody just decided after 20 years that something had to be done? And they fabricated the DNA before they knew if the military would prosecute or even having the legal ability to prosecute?

Watch out for the black helicopters.

 

[kemo]

Before Hennis becomes another Dr Jeff, the defense must explain exactly what is "wrong" with the DNA. The charge that the DNA evidence was frabricated is real serious. The defense has access to the full history and the results of the various tests. If there is any reason to suspect fraud, they need to lay it on the line. If there isn't, the "defenders of Hennis" need to come to grips with that fact and the implications. You really need to seriously consider the possibility that he's guilty as charged.

As to the possibility that Tim is "innocent" but had consensual sex with Kathryn: All I can say is that if you believe that, and I kill someone someday, I want YOU on MY jury.