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Hennis lawyers ask to waive his right to parole
Published: 12:00 PM, Wed Apr 14, 2010
Lawyers for convicted murderer Timothy B. Hennis are seeking to waive his right to parole if he is sentenced to life in prison.
They filed the motion this morning with a military judge at Fort Bragg. The judge, Col. Patrick Parrish, hasn't ruled on the matter. Prosecutors opposed the motion, saying such a waiver isn't allowed under military law.
The motion came during a delay in jury deliberations over sentencing for Hennis, who was convicted last week of the 1985 murders of Kathryn Eastburn and two of her young daughters. The jury must now sentence him to death or life in prison.
Tuesday, during nearly three hours of deliberations, the jury asked the judge whether a life sentence came with the possibility of parole.
Parrish told the jury that "life means life" and said jurors must issue the sentence they think is fair and just now, with no consideration for what someone else may decided to do in the case later.
This morning, Parrish said his answer wasn't complete so he planned to instruct the jury further about the possibility of parole for people given life sentences in the military justice system. He said he planned to say more clearly that parole is available in such cases. He said he also planned to say that parole wouldn't be granted without the approval of the Secretary of the Army.
Defense lawyers have argued against more discussion about the possibility of parole, saying the information could push the jury to sentence Hennis to death. A defense lawyer said that while parole would technically be possible for Hennis if he's given a life sentence, his chances of obtaining it would be "between slim and none" given the nature of the case and Hennis' age, 52.
http://www.fayobserver.com/Articles/2010/04/14/991074
I can certainly understand the defense filing this motion.
jmho
Published: 12:00 PM, Wed Apr 14, 2010
Lawyers for convicted murderer Timothy B. Hennis are seeking to waive his right to parole if he is sentenced to life in prison.
They filed the motion this morning with a military judge at Fort Bragg. The judge, Col. Patrick Parrish, hasn't ruled on the matter. Prosecutors opposed the motion, saying such a waiver isn't allowed under military law.
The motion came during a delay in jury deliberations over sentencing for Hennis, who was convicted last week of the 1985 murders of Kathryn Eastburn and two of her young daughters. The jury must now sentence him to death or life in prison.
Tuesday, during nearly three hours of deliberations, the jury asked the judge whether a life sentence came with the possibility of parole.
Parrish told the jury that "life means life" and said jurors must issue the sentence they think is fair and just now, with no consideration for what someone else may decided to do in the case later.
This morning, Parrish said his answer wasn't complete so he planned to instruct the jury further about the possibility of parole for people given life sentences in the military justice system. He said he planned to say more clearly that parole is available in such cases. He said he also planned to say that parole wouldn't be granted without the approval of the Secretary of the Army.
Defense lawyers have argued against more discussion about the possibility of parole, saying the information could push the jury to sentence Hennis to death. A defense lawyer said that while parole would technically be possible for Hennis if he's given a life sentence, his chances of obtaining it would be "between slim and none" given the nature of the case and Hennis' age, 52.
http://www.fayobserver.com/Articles/2010/04/14/991074
I can certainly understand the defense filing this motion.
jmho