This time, former Fort Bragg soldier Timothy B. Hennis is arguing the Army improperly recalled him to active duty in 2006, more than 20 years after he was first accused of killing Kathryn Eastburn, a military spouse, and two of her children - daughters Kara, 5, and Erin, 3 - at their Fayetteville home.
Hennis, who was a master sergeant, was convicted and sentenced to death in 2010, following a court-martial on Fort Bragg that spanned two months...
According to the petition, a statute that allows members of the Army Reserve to be recalled to face criminal charges apply only to offenses alleged after March 12, 1987, more than two years after the Eastburn murders. A separate statute that allows the Army to recall retired service members permits the force to do so only "in the interest of national defense," according to Hennis' lawyers.