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-Lurid Crime Tales-
Soldier cleared of murder in civilian court 18 years ago to face court-martial in the deaths
2007-08-18
RALEIGH, N.C. -- A soldier cleared of a triple murder in civilian court 18 years ago will face a military court-martial for the same crimes, an Army general ordered Friday. The Army will try Master Sgt. Timothy Hennis on three counts of premeditated murder in the May 1985 deaths of Kathryn Eastburn, 31, and two of her daughters -- Kara Sue, 5, and Erin Nicole, 3.

Hennis was convicted and sentenced to death for the crimes in 1986, but the state Supreme Court awarded him a new trial after finding the first trial was run unfairly and with weak evidence. A second jury acquitted Hennis in April 1989.

Last year after a detective reviewing the case uncovered DNA evidence that couldn't be tested using technology available in the mid-1980s. State officials couldn't charge Hennis again, so the new evidence was given to the Army, which recalled Hennis to active duty and began an investigation into the deaths. Hennis had retired from the military in 2005.

In ordering the court-martial, 18th Airborne Corps commander Lt. Gen. Lloyd Austin dismissed a rape charge. In 1985, the military had a three-year statue of limitations on rape charges. The limit was changed in 1986, but not made retroactive.
Going to raise some interesting constitutional issues.
Posted by:Anonymoose

#2  Hmmm....

Okay - officially, retired pay is 'limited pay for limited duty' - that is, you are liable to callback up to age 62. As long as this guy was collecting retirement checks, this is legal.

Mike
Posted by: Mike Kozlowski   2007-08-18 21:07  

#1  Double-dog-dare jeopardy?
Posted by: Jack Jang4445   2007-08-18 17:42  

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