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

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http://www.fayobserver.com/news/cri...cle_2ee1bdd9-8f03-55ca-9d9d-00bd6320b782.html

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.
 
Lost several times this year, apparently. Per the article:

A similar petition was filed with the Army Court of Criminal Appeals earlier this year, according to court documents. That petition was denied by that court in September...

In March, the U.S. Court of Appeals for the Armed Forces denied a petition by Hennis that alleged the military lacked jurisdiction because of an alleged break in service that occurred while he was awaiting an appeal in North Carolina courts.
 
The investigation of the SBI was only slightly mentioned here. I saw a program about it way before they charged Hennis again. The lab felt they worked for the state and did a lot of things to see that they got their man. There were at least 2 people exonerated over what they did. And it seems the problems continued after what I saw on it. There was a series of articles probing it in the Fayetteville Observer. This was years ago, but it did involve Brenda Dew as well, who worked the Hennis case. It was a big deal, not a little footnote or some fantasy of contamination. I believe the governor or the Atty. General ordered an audit.

Also, if in the 2nd trial there was no spermatozoa left to do any further testing, then how nearly 20 years later did they find the Y chromosome that supposedly can only be Hennis? Y chomosome is just from a male, so I'm not clear on why Hopper thinks it's tied to Hennis. The results from the state were vastly different than the other lab tests, and since the lab was doing horribly shady things, it matters. I also thought the blood and semen didn't match back then, so how does dna match now? Doesn't make sense. Now, if Hennis himself said and agrees with the lawyer saying they had consensual sex, then he did it. But I'm not buying the DNA match. They are lying by omission. They won't test relevant DNA that doesn't match. I'd like to see DNA studies (by an independent lab, not the SBI) on the Leland case and on the fingernail material DNA and the bloody towel. People who are smugly talking about his guilt are not being reasonable if they don't consider the size 9 shoeprints from blood THAT HAD BEEN CLEANED but showed up with luminol. They know they are part of the crime as they went out the door where the killer left. The ones inside had been cleaned during the clean up they tried to do.

If there was no break in, then who would Katy let in? The babysitter maybe. I don't know who did this, but this sounds like someone like Tommy Lynn Sells. Someone with a history like him too. Even if you want to say Hennis did it, there has to be an accomplice and anyone not admitting that is being unreasonable. Something is very wrong with this case. How could anyone think it is fair to NOT allow them to test the skin under the fingernails of TWO victims that doesn't match Hennis, a hair pulled out by the root that doesn't match Hennis and blood from the crime scene that is unknown and not Hennis. I can't believe people want someone to be guilty so bad they shut down all logic. How could people not want the right person to be found, or the other person involved? Because someone made those shoe prints, someone was scratched by clawing fingernails and someone's hair was pulled out. And it wasn't Hennis so someone else had to have been there either with Hennis or alone.
 
I worked for hennis defense in the military trial. Very good post. Brenda had her own ethical problems at SBI. The chain of custody of the old bags of evidence stored at the old sheriff exchange building off 95 is very questionable.

Actually SBI lab supposedly got a full DNA match to hennis) not just Y) but I am like you there's are problems

There is unknown male DNA in several places at the Eastburn crime scene that doesn't match hennis but has never been entered into codis

Katie strached the killer and hennis had absolutely no marks on him.
 
Sundrop, did anyone test Patrick Cone's DNA or hair? I'm thinking they didn't. It bothers me that the strange calls said, "I live around the corner, and I'm coming to see you". Patrick was walking to his sister's house that evening, which was around the corner. He also used a stolen ATM card at the same machine as the Eastburn card was used. However, I would think the head hair would have been shown to be African American in that case, and he would also have scratches. Or were there 2 people and he was part of it? Why was he so eager to point the finger at someone else?

The Winn Dixie guy with the scratches was a different person than the guy with the suspected initials in the Mr. X letters, right? From what I recall, he refused to give hair and blood samples, but they know who he is. The first thing that needs to be done is have the unknown DNA run through CODIS. Then they need to swab Cone, the mysterious initialed person, and Julie Czerniak's brothers. If it was something related to the drug adventure, (Ox and the stringy haired white male in the blue van), then they have probably been arrested at this point and their DNA could be in CODIS. There are multiple trails to follow in this case, and it's disgusting no one in LE will follow them to their end.

I don't get why they didn't get all the phone records from people who were getting the calls. If Julie and her brothers were involved, then I think the Mr. X letters may have been her doing--out of guilt. Again, I heard that they had set up a drug buy at the house with the DEA, but it was called off as the murders happened and I think Julie's mother intervened and stopped her from participating. If drug buyers thought she was a narc, or thought she lived at the Eastburn home, then that could be a motive as well. How irresponsible was it for the DEA to allow a drug buy to happen at the home of woman with 3 little children who has nothing to do with it? Is this something they don't want brought up if it did indeed lead to the murders? They need to process the postcards, looking under the stamp for saliva in case the stamp was licked. I have a hard time believing that a killer as vicious as this would write those letters. If Julie knew her step brothers did it, or if she suspected that, or it had something to do with her drug buy, maybe she felt bad and she did it. Or did Charlotte Kirby do it, hoping to deflect guilt away from Hennis without having to get involved? She saw someone else, and felt sick with guilt enough to almost have a nervous breakdown, but was terrified for her own safety and that of her children to step up.

At any rate, I have wondered if Tommy Lynn Sells was around N. Carolina at the time of the murders. So many questions.... It's also possible that if there is DNA in the Leland case the answer may be right there. The whole thing is so crooked that even if they discovered it was someone else and it matched the Eastburn mystery DNA, I think they would hide that to keep Hennis in prison. I just don't understand what happens to people once they rise to high levels in the law enforcement community.

This is the case that I SO wish the podcast "Serial" would use for the 2nd season. I'm not sure they could keep it down to 12 episodes; it might take double that to discuss the twists and turns and intrigue in this case. Anyone know the people involved or have any clout with Sara K. or Dana the producer? Seriously, the Hennis case on this podcast would be so good I can't imagine the level of interest it would generate.
 
Thanks Sundrop. Here's another thing that I thought was curious when I watched that CNN Death Row Stories show. It had a clip where Julie was talking to a news reporter apparently. Her mother is in a car saying something that sounded somewhat like she was telling Julie to watch what she was saying. I couldn't tell exactly, but it was like she didn't want Julie talking to the reporters. Julie gets very angry and petulant. If the step brothers could have had something to do with it, is that why the mother wanted her to stop talking? It was just odd. I'm not sure what to make of it.


I guess I'm thinking the drug buy at the house would be a more likely motive than Julie's MacDonald obsession (a copycat crime orchestrated by Julie). I can't believe even if she was messed up she would be that messed up. But still there's the latex glove tip. I just go 'round and 'round. To be clear, when I said that above about Julie or Charlotte Kirby, I wasn't saying they had anything to do with the murder--I meant maybe they sent the Mr. X letters.

Thanks again for replying Sundrop. Do you know anything about the mystery initial man that refused blood and hair samples? He was apparently questioned before the Mr. X letters and the possible initials came to light. Why and how did LE come to talk to him? You know, if the initial guy had a girlfriend and she suspected, maybe she wrote the letters. Or whoever it was, maybe it was someone in that person's life who suspected that person did it, and they wrote them. I hadn't thought of that before. I just don't think whoever did the actual killings would care about Hennis being innocent, seems more like he would be glad because they wouldn't be looking at him.
 
Yes, I provided that news clip which was channel 11 raw footage. Juile mom telling her to keep her mouth shut

The guy you're talking about in my opinion, is still a suspect. The news paper lady statement is really the most credible
 
You know I hate to say it, but I don't think he has much hope. No way the military or the state is ever going to admit to any wrongdoing. They will not want to be held accountable or look bad, and if the real killer walked in and confessed and provided the whole story and gave matching DNA, they would hide it. I guess that's pretty pessimistic. Short some kind of huge public interest in the case favoring Hennis and pointing to a wrongful conviction such as the "Serial" case or the West Memphis Three, he is out of luck. I feel bad saying that.
 
Oh really? I guess I'll have to wait and see. I hope the right person is found in this, and I hope they work on the Leland case as well.
 
Anything new lately Sundrop? The initial guy we mentioned, has he had any arrests for other offenses? Wondering if his DNA would be in CODIS for any reason.
 
Another question. Do you know why Hennis' attorney for the court martial made the statement about consensual sex being something to consider? To clarify, did Hennis agree that he should say that? Did Hennis change his story and say they did, or was it just something the lawyer threw out there without Hennis' consent? If so, was Hennis angry that his lawyer added that to the end? That statement was devastating, moreso than the DNA in my estimation (as I believe the DNA was falsely attributed to Hennis by way of the corrupt and crooked SBI lab and prosecution collaboration.
 
If anyone in Australia is interested in this case, Death Row Stories on Gem (Channel 90) has just started (20:30 AEST).

Program description: 'Evidence emerges causing many to question the guilt of Army Sergeant Tim Hennis who is sentenced to death for the murder of the wife and two children [Kathryn, Kara and Erin] of an Air Force captain [Gary Eastburn]; a bizarre and unprecedented journey through the American justice system.'

I'll post a link for streaming when it shows up on ninemsn.
 

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