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

[BOZGAL]

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

 

[BOZGAL]

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.

Now you know I could never serve on your jury after you saying this.


jmho

 

[Sameera]

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.

No, I can't believe there was consensual sex either - well, not with Hennis. I can't say the DNA was fabricated but the links I have found do indicate that DNA evidence isn't that concrete as I (for one) originally thought. It can be contaminated and it is possible to fabricate.

 

[Sameera]

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.

He probably is guilty as charged. But for me, it still seems difficult to believe in light of questions that still haven't been answered (they have been discussed elsewhere on this thread), the questionable ID evidence which was the only thing linking Hennis to the case at the time, the lack of other physical evidence, and the prosecutorial misconduct from the first prosecutor.

 

[Prancy]

I'm not very familiar with this case, so please bear with me if this has already been discussed. I live in NC and have read a book about the case.

I saw upthread that there is some question that the Eastburn murders are similar to another couple of cases, however, if we set that aside, how do you think that someone who committed this crime did not commit other violent crimes in all those years since then? I'm not defending him, I think he is guilty. I'm just trying to figure out how someone who has that kind of brut in him and who must be a sociopath, gets his act together and doesn't murder more people.....that we know of. Just curious.

I think it's different if they murder a wife to get them out of the way, but a stranger that does not impact your life? I know Bundy did, but he was a serial. Is Hennis?

 

[Sameera]

I'm not very familiar with this case, so please bear with me if this has already been discussed. I live in NC and have read a book about the case.

I saw upthread that there is some question that the Eastburn murders are similar to another couple of cases, however, if we set that aside, how do you think that someone who committed this crime did not commit other violent crimes in all those years since then? I'm not defending him, I think he is guilty. I'm just trying to figure out how someone who has that kind of brut in him and who must be a sociopath, gets his act together and doesn't murder more people.....that we know of. Just curious.

I think it's different if they murder a wife to get them out of the way, but a stranger that does not impact your life? I know Bundy did, but he was a serial. Is Hennis?

I also feel that whoever killed the Eastburns was one of those cold-blooded, psychopathic types - well, that would be the most likely type of person capable of slitting a baby's throat. Those types usually do offend again and again.

If you check out this thread here you will find comments from soldiers who served with Hennis accusing him of sexual harassment.
http://www.militarytimes.com/forum/...iple-murder-trial-delayed-for-5th-time/page27

I don't know whether there is any truth in these statements, but if there is, it must surely come up somewhere along the line in the hearings or in books written on the case. Still, sexual harassment does not necessarily mean murder. To the best of my knowledge Hennis has never been linked to any other murders, nor has there ever been any evidence produced that he was a psychopath or mentally deranged. For that matter, the State never established motive. Mind you, I read in David Yallop's book "Beyond Reasonable Doubt" that it is not essential for a prosecutor to prove motive to produce a conviction, and Hennis himself is proof of this.

I am looking forward to reading what future books and articles will make of the DNA evidence and third trial. I imagine Whisnant will produce a revised "Innocent Victims" but someone will surely produce another book as well, and it's time we had a book to compare the Whisnant book with; so far we've only had one book on the case.

 

[BOZGAL]

There always has to be a motive to a crime. Whether it be a sociopathic killer, drugs, $$, etc there is always a motive somewhere in the mix. I have yet to see any evidence of that with TH. That coupled with the evidence and unanswered questions in the case I will stand by not guilty until I see the tangible evidence to convince me otherwise. There is also nothing in TH background which would show he has a propensity for such violence against anyone much less a woman and her children.

I read every post at the military times and there were just about as many posts talking favorably about TH as there were negative. Quite frankly I had to interpret the majority of those posts with an extra helping of salt as most of the posts were from guests. :waitasec:

I hope there will be another book coming out in the future as well.


jmho

 

[BOZGAL]

Split Hennis jury begins third day of sentencing deliberations

Published: 09:16 AM, Thu Apr 15, 2010

The Timothy Hennis jury resumed day 3 of deliberations this morning at 9 a.m.

As the day began, the jury had spent about 7 1/2hours weighing the fate of Hennis, convicted of murdering a woman and her two daughters in 1985.

The jury has two options: the death sentence or life in prison with a chance of parole.

If the jury is unable to reach a decision on sentencing, the military court on Fort Bragg could declare a mistrial. The Army could then seat a new jury to begin the sentencing phase over, or decide there would be no sentence on the conviction.

At the end of Wednesday's session, the jury appeared to be divided - possibly 13-1 - in favor of sentencing him to death for the murder of Kathryn Eastburn and her two young girls.

A death sentence requires a unanimous vote; a life sentence requires agreement from at least 11 jurors.

The jurors' split was suggested by a question they sent to the judge late Wednesday: If one person votes against imposing a death sentence, are subsequent ballots automatically for a life sentence?

The judge, Col. Patrick Parrish, told them no, and said that the jury is to continue balloting until there are enough votes to reach a decision on the sentence, either 14 for death or 11 for life.

Parrish did not tell the jury this: The military's Manual for Courts-Martial says that if the jurors cannot garner enough votes to issue a sentence after "after a reasonable effort to do so," the the judge may declare a mistrial.

http://www.fayobserver.com/Articles/2010/04/15/991361

 

[Maznblu1]

There always has to be a motive to a crime. Whether it be a sociopathic killer, drugs, $$, etc there is always a motive somewhere in the mix. I have yet to see any evidence of that with TH. That coupled with the evidence and unanswered questions in the case I will stand by not guilty until I see the tangible evidence to convince me otherwise. There is also nothing in TH background which would show he has a propensity for such violence against anyone much less a woman and her children.

I read every post at the military times and there were just about as many posts talking favorably about TH as there were negative. Quite frankly I had to interpret the majority of those posts with an extra helping of salt as most of the posts were from guests. :waitasec:

I hope there will be another book coming out in the future as well.


jmho

A possible motive seems pretty clear to me. Hennis' wife was out of town and he knew the Eastburn husband was out of town. Maybe they had flirted when he picked up the dog. So he goes there to try to start an affair. She turns him down, something in him snaps. Stuff like this that's not planned happens all the time. And every killer has a first time, yet people always say "there is nothing in his past to suggest this."

 

[sundrop]

That's the prosecution's theory. However, the problem is, how do you explain bringing a restraining device to the scene plus latex gloves. Bringing these items just doesn't jive with someone snapping due to their sexual advances being rebuffed.

A possible motive seems pretty clear to me. Hennis' wife was out of town and he knew the Eastburn husband was out of town. Maybe they had flirted when he picked up the dog. So he goes there to try to start an affair. She turns him down, something in him snaps. Stuff like this that's not planned happens all the time. And every killer has a first time, yet people always say "there is nothing in his past to suggest this."

 

[BOZGAL]

Soldier sentenced to die for 1985 triple murder

FORT BRAGG, N.C. — A panel of 14 Army officers and enlisted personnel on Thursday sentenced a former Fort Bragg soldier to death for killing a Fayetteville woman and two small children in 1985.

Last week, the panel found Master Sgt. Timothy Hennis guilty of three counts of premeditated murder for the May 9, 1985, stabbing deaths of Kathryn Eastburn and two of her daughters, 5-year-old Kara and 3-year-old Erin, in their Summerhill Road home.

Jurors deliberated almost 13 hours over three days before reaching the unanimous decision on the death sentence.

http://www.wral.com/news/local/story/7426168/

 

[BOZGAL]

That's the prosecution's theory. However, the problem is, how do you explain bringing a restraining device to the scene plus latex gloves. Bringing these items just doesn't jive with someone snapping due to their sexual advances being rebuffed.

It sure does not sundrop.

I have no doubt there will be another trial.


jmho

 

[BOZGAL]

Hennis sentenced to death for 1985 Eastburn murders

Timothy B. Hennis was sentenced to death today for a 1985 triple murder.

The jury deliberated for 13 hours over three days before reaching its verdict, which was announced at 2:51 p.m. today.

Hennis showed no reaction. One of his lawyers put an arm around him and Hennis' wife, Angela, began to weep.

Hennis will also be reduced in rank to E-1, forfeit all pay and benefits, and be dishonorably discharged from the military.

The jury had two options: the death sentence or life in prison with a chance of parole.

http://www.fayobserver.com/Articles/2010/04/15/991361

 

[Sameera]

Hennis sentenced to death for 1985 Eastburn murders

Timothy B. Hennis was sentenced to death today for a 1985 triple murder.

The jury deliberated for 13 hours over three days before reaching its verdict, which was announced at 2:51 p.m. today.

Hennis showed no reaction. One of his lawyers put an arm around him and Hennis' wife, Angela, began to weep.

Hennis will also be reduced in rank to E-1, forfeit all pay and benefits, and be dishonorably discharged from the military.

The jury had two options: the death sentence or life in prison with a chance of parole.

http://www.fayobserver.com/Articles/2010/04/15/991361

Why am I not surprised to hear he received the death penalty?

By the way, what's this E-1 rank?

 

[BOZGAL]

Why am I not surprised to hear he received the death penalty?

By the way, what's this E-1 rank?

Here it is Sameera

In the U.S. Army, Private (PVT) is used for the two lowest enlisted ranks, just below Private First Class. The lowest rank (officially known as Private E-1 (PVT) and sometimes referred to as recruit but also held by some soldiers after an Article 15 or prisoners after conviction until they are dishonorably discharged) wears no uniform insignia, while the second, Private E-2 (PV2), wears a single chevron. Advancement to the higher rank is currently automatic after six months time in service, but may get shortened to four months if given a waiver (a pay raise may take effect after four months of service, even without advancement to Private E-2 if the private's commanders believe the private's performance has warranted it).

http://en.wikipedia.org/wiki/Private_(rank)

 

[Rachy]

This verdict of death makes me sad. There just is not enough evidence to give him the death penalty. There never was. The only reason he is getting this sentence is because children were involved. If it was just Kathryn, then he would probably not be in jail to begin with. I want child killers to suffer and they should get the death penalty. But I only believe that if there is enough evidence to provide that. Otherwise give them the life sentence. They never found anything to prove he did it. This is a big injustice and the system sucks that he could serve our country, retire, then 2 yrs later the police find a loophole and realize they could send him to trial again as long as the army re-enlists him.

In the movie, didnt his wife leave him for a while? If this was true, why is she still with him now, more than 20 yrs later. She must not believe he was ever guilty.

Here is a link to an article from 20/20. There is a picture of Tim.

http://abcnews.go.com/2020/3rd-trial-master-sgt-timothy-hennis-guilty-1985/story?id=10324918&page=1

 

[Sameera]

This verdict of death makes me sad. There just is not enough evidence to give him the death penalty. There never was. The only reason he is getting this sentence is because children were involved. If it was just Kathryn, then he would probably not be in jail to begin with. I want child killers to suffer and they should get the death penalty. But I only believe that if there is enough evidence to provide that. Otherwise give them the life sentence. They never found anything to prove he did it. This is a big injustice and the system sucks that he could serve our country, retire, then 2 yrs later the police find a loophole and realize they could send him to trial again as long as the army re-enlists him.

In the movie, didnt his wife leave him for a while? If this was true, why is she still with him now, more than 20 yrs later. She must not believe he was ever guilty.

Here is a link to an article from 20/20. There is a picture of Tim.

http://abcnews.go.com/2020/3rd-trial-master-sgt-timothy-hennis-guilty-1985/story?id=10324918&page=1

I used to think Hennis was innocent but now I just don't know anymore, and I'll wait and see what the appeals and future publications on the case have to say. I'd still like to think he is innocent but I may have to face the fact that this may not be the case after all. If he is guilty he can't be allowed to get away with it; if he's innocent, then let's hope the verdict is reversed (again) and curse the death penalty. If he is not the murderer but did become intimate with Mrs Eastburn (which I find hard to believe) then he is certainly paying for it now.

Anyway, I definitely feel sorry for his family, and for the late Bob Hennis (Tim's adoptive father who died in 2007). Bob Hennis worked his guts (and wallet) out for the son he believed was innocent, and now he must be spinning in his grave.

 

[BOZGAL]

This verdict of death makes me sad. There just is not enough evidence to give him the death penalty. There never was. The only reason he is getting this sentence is because children were involved. If it was just Kathryn, then he would probably not be in jail to begin with. I want child killers to suffer and they should get the death penalty. But I only believe that if there is enough evidence to provide that. Otherwise give them the life sentence. They never found anything to prove he did it. This is a big injustice and the system sucks that he could serve our country, retire, then 2 yrs later the police find a loophole and realize they could send him to trial again as long as the army re-enlists him.

In the movie, didnt his wife leave him for a while? If this was true, why is she still with him now, more than 20 yrs later. She must not believe he was ever guilty.

Here is a link to an article from 20/20. There is a picture of Tim.

http://abcnews.go.com/2020/3rd-trial-master-sgt-timothy-hennis-guilty-1985/story?id=10324918&page=1

I started reading Innocent Victims yesterday and it will be a fast read. I remember in the movie Angela either left for a short time or Hennis told her to once he was on death row. Not sure which. She has always believed in his innocence of this crime.

Its not a popular thought around here what I think happened their first meeting. Be that as it may thats exactly what I think happened on Tuesday night. I believe who ever was calling and watching Mrs. Eastburn's house saw Hennis arrive, stay awhile and leave with the dog.

I am sad over the verdict as well because I truly feel there is a cold blooded killer walking the streets of NC.


jmho

 

[BOZGAL]

I used to think Hennis was innocent but now I just don't know anymore, and I'll wait and see what the appeals and future publications on the case have to say. I'd still like to think he is innocent but I may have to face the fact that this may not be the case after all. If he is guilty he can't be allowed to get away with it; if he's innocent, then let's hope the verdict is reversed (again) and curse the death penalty. If he is not the murderer but did become intimate with Mrs Eastburn (which I find hard to believe) then he is certainly paying for it now.

Anyway, I definitely feel sorry for his family, and for the late Bob Hennis (Tim's adoptive father who died in 2007). Bob Hennis worked his guts (and wallet) out for the son he believed was innocent, and now he must be spinning in his grave.

I can certainly understand why some might waiver with their feelings on this case. I for one have not changed my mind one bit.

I feel so bad for his family as this must be like deja vu all over again. Is his Mother still alive? I have not read anything about her.

Of course I feel bad for Gary Eastburn, his daughter and her parents. I cannot imagine what something like this would do to anybody. I just happen to believe the wrong man has yet again been tried and convicted.

I will be waiting to see what issues the appeal brings up and then another trial. Spinner may need to rethink his strategy on this next one.

jmho

 

[Sameera]

I would still prefer to err on the side of not proven at least, in view of unexplained questions.

The DNA is still a sticking point, but is it possible that it was contaminated or Hopper made a mistake? There were the original tests done (not as accurate as DNA tests so they couldn't rule Hennis in or out), then at the second trial it was revealed that the sample was not preserved so they couldn't produce DNA evidence then.

I don't like to think someone deliberately contaminated it. Van Storey was accused of prosecutorial misconduct (withholding evidence in favour of Hennis, including the fact that they knew about Raupach) but as far as I know, nobody else has.