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Air Force spouse Kathryn Eastburn was found brutally raped and murdered on May 9, 1985 in her Fayetteville, North Carolina home. Two of her three children, Cara and Erin, were also murdered in the same vicious way. All three were stabbed and their throats were slashed. Kathryn and her three children were home alone while Gary Eastburn was on temporary duty at Maxwell Air Force Base in Alabama. The youngest daughter Jana was found dehydrated but otherwise unharmed. The crime occurred six miles from the location of where Jeffrey MacDonald was accused of killing his wife and two children at Fort Bragg. Army Sergeant Timothy Hennis was a suspect from the beginning because he had visited the Eastburn home a couple days earlier to buy the family dog.

Kathryn placed a dog for sale ad in the local post paper. Investigators sent out a press release looking for the person who bought the dog. In the meantime, a neighbor reported seeing someone leaving the Eastburn residence at the time in question. The neighbor provided details for a composite drawing; the suspect drove a white Chevy Chevette. At the urging of his wife, Hennis contacted the police station and investigators were stunned at how much he looked like the composite drawing. He also drove a white Chevy Chevette. In a background check, they found that Hennis had three convictions for writing bad checks. This was significant because the perpetrator stole Kathryn’s ATM card and used it on one occasion. Another witness identified Hennis as the person who used the ATM at the time in question.

In 1986, the State of North Carolina tried Hennis for the triple murders. Hennis was found guilty and sentenced to death. But he appealed and was found not guilty in the second death penalty trial. After his ‘exoneration’ Hennis was the subject of a book and an ABC made for television movie “Innocent Victims”. Meanwhile, against lawyers advice, Hennis enlisted in the Army again for two more tours, worked his way up to E-8, and retired as a MSG outside of Fort Lewis, Washington. Cold case investigators took a second look at the cold case and because of the advances in DNA technology, they retrieved a vaginal swab from the rape kit test and submitted it to the lab. DNA evidence linked Timothy Hennis to Kathryn Eastburn.The State of North Carolina prosecutors could not charge Hennis a third time because he was found ‘not guilty’ of the triple homicides in the second death penalty trial.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb…” [wikipedia]. The civilians couldn’t try him in State court but the Army could because of federal jurisdiction; Hennis was an Army retiree therefore still under their jurisdiction. As a result, Hennis was activated and order to report to Fort Bragg for his third death penalty trial. The defense attempted to justify the DNA match to consensual sex but it contradicted his original testimony. The defense also called into question the ethics of the lab who made the DNA match. A military jury found Timothy Hennis guilty of three counts of murder and sentenced him to death. He awaits his execution date at Fort Leavenworth in Kansas.

Source: Unusual Suspects ‘Mother’s Day Murders’

In 1985, a young military wife and two of her three little girls are viciously murdered in their home. In a twisted case filled with unusual suspects, the man who gets convicted goes free. But nothing is what it seems. -Discovery ID

MJFA Links:
Air Force Spouse Kathryn Eastburn & Daughters Cara & Erin Found Murdered in Fayetteville, NC Home; Youngest Toddler Jana Discovered Unharmed (May 9, 1985)
A Military Jury Delivered a Guilty Verdict in a Death Penalty Trial to Retired Army MSG Timothy Hennis for the Triple Murders of Kathryn, Cara & Erin Eastburn (April 8, 2010)
In 3rd Trial, Retired Army MSG Timothy Hennis Sentenced to Death by Military Court Martial for the Murders of Kathryn, Cara & Erin Eastburn in Fayetteville, NC (April 15, 2010)
Four Service Members on Military Death Row at Fort Leavenworth, Army Private John Bennett was Last Military Execution by Hanging in 1961
Violent Crime, Non Combat Death and Suicide at Fort Bragg, North Carolina (US Army)

Related Links:

1986
Death sentence sought
Jury in Hennis trial visits area where murder victims lived
Hennis Receives Death Sentence

1988
STATE of North Carolina v. Timothy Baily HENNIS

1989
Triple murder retrial to start
Witness firm on identification of murder suspect
Witness shaky on identifying Hennis

1996
Reversal of ‘Victims’: Made-for-TV Justice
ABC explores ex-city man’s prison plight MUG: Hennis BOX: On TV “Innocent Victims” airs at 8 p.m. Sunday and Monday on ABC, Rochester cable channels 5 and 6

2007
GI cleared in 1989 faces murder court-martial
Accusations follow ex-soldier
Expert links soldier to 1985 killings
DNA hearing wraps up
Acquitted of murder, he now faces Army justice
Ex-soldier faces trial in decades-old deaths
Army to try soldier who was acquitted of 1985 slayings

2008
3 capital murder trials to put Army in spotlight

2009
Army holds hearing for soldier charged in 1985 murders

2010
Judge Delays Murder Trial For Recalled Soldier
Rochester native accused in N.C. triple murder
Why ‘exonerated’ needs to be used sparingly
Federal judge: Hennis court-martial can proceed
Soldier acquitted in 3 deaths faces military trial
Soldier acquitted in 3 deaths faces military trial
Hennis court-martial begins at Fort Bragg
Twenty-five years later, third trial begins in triple slaying
Hennis Trial Underway
Army presents its case in trial over 1985 killings
Hennis jury shown clothes of victims
Army expert: DNA from scene matches NC soldier
Friends, family testify for convicted NC soldier
Family testifies in Hennis sentencing
Military jury finds Hennis guilty of murder
Jury considers death for Hennis
Soldier Gets Death Sentence in Military Court after Civil Acquittal
Ex-Lakewood resident gets death in 1985 slayings
Soldier gets death sentence in 1985 Fayetteville triple slaying
Soldier sentenced to die for 1985 triple murder
For 2nd Time, Man Sentenced to Death for Murders
Prosecutor Emphasizes DNA in Hennis Closing
At 3rd Trial, Sergeant Guilty of 1985 Triple Murder
In 3rd Trial, Conviction in Murders From 1985
Military Jury Finds Hennis Guilty of Murder
Hennis found guilty of decades-old murders
Military Jury Convicts Soldier of Murder 20 Years After his Civilian Acquittal
Soldier’s family pleads for jury to spare his life
25 years later, widower recalls slain family
Father, daughter tell of pain 1985 triple murder caused
A murder conviction, but pain still felt
Tim Hennis case to be featured on 20/20

2011
NC soldier: SBI lab problems should mean new trial
Court-martial murder conviction appealed
Ex-Soldier Convicted Twice of Eastburn Triple Murder Appeals Again
Three Trials for Murder: In the name of justice, did the military sidestep double jeopardy?

2012
‘Unusual Suspects’: Military Man Convicted & Sentenced To Death Twice, Acquitted Once 
Court Rules Against Ex-Soldier in NC Triple Murder
Fort Bragg commander approves Timothy Hennis conviction, death sentence
An Execution Draws Closer
Timothy HENNIS, Petitioner–Appellant, v. Frank HEMLICK; Patrick Parrish, Colonel; Lloyd J. Austin, III, General; John McHugh, Honorable, Respondents–Appellees
Timothy Hennis v. Frank Hemlick et al. (US Court of Appeals)

2013
Nidal Hasan, and the 5 other men on the military’s death row

2014
Master sergeant on death row files new petition
Former Fort Bragg soldier again appeals conviction
Master sergeant on death row files new petition
What to Watch on Sunday: CNN’s ‘Death Row Stories’ looks at Hennis case in NC
Triple murder suspect goes from guilty to innocent and back to guilty
NC triple murder suspect goes from guilty to innocent and back to guilty

2015
10 Mysteries Resolved By Unbelievable Surprise Twists
CNN special with local attorney set for tonight
Timothy Hennis seeks relief in federal court; former Fort Bragg soldier questions Army’s jurisdiction in court-martial
Timothy Hennis case: Federal judge dismisses latest appeal
On military death row, execution is anything but guaranteed
Fair and Impartial? Military Jurisdiction and the Decision to Seek the Death Penalty
TIMOTHY B. HENNIS, Petitioner, v. ERICA NELSON, Commandant, USDB-Ft. Leavenworth, Respondent
Setting the Right Example: Removing the Military Death Penalty

2016
Eastburn Murders Expose a Loophole in the Law
Army court upholds death sentence of former Bragg soldier
Appeal by former Fort Bragg soldier who murdered mother and 2 daughters was rejected in military court
Timothy Hennis’ death sentence fits his gruesome crimes, court rules
Army CCA affirms death for Hennis
Army court upholds death sentence of former Bragg soldier
A look at the 6 inmates on US military death row

2017
Court-martialing retirees? ‘Fat Leonard’ cloud still looms for many current and former sailors
Hennis lawyers argue for more resources in murder appeal
Innocent Victims: The Horrific Eastburn Family Murders
The Eastburn Family Murders and The Three Trials of Staff Sergeant Tim Hennis
Army moves closer to first execution in 50 years; Ronald Gray on death row since 1988
Tim Hennis and the Eastburn Murders
Episode 3: The Case of Timothy Hennis | Death’s Door
The Many Trials of Tim Hennis
Episode 28: The Eastburn Family Murders | In Sight Pod
028 The Eastburn Family Murders | In Sight: A True Crime Podcast
United States v. Timothy Hennis | US Court of Appeals for the Armed Forces
US Appellee v. Timothy B. HENNIS, Master Sergeant, United States Army, Appellant | US Court of Appeals for the Armed Forces

Death Penalty Information Center:
Description of Cases for those Sentenced to Death in U.S. Military
Former Death Row Inmate Acquitted in One Court, Now Convicted in Another

Video Links:
3 People on Death Row Who May Be Innocent Part 2
Unusual Suspects: Mother’s Day Murders (Investigation Discovery)
20/20 on ID: Witness | Investigation Discovery
Death Row Stories: Hennis Trailer | CNN
I did the crime…you’re doin’ the time | Death Row Stories | CNN
Death penalty case’s ‘Perry Mason moment’ | Death Row Stories | CNN
Timothy Hennis Double Jeopardy | Death Row Stories | CNN
Timothy Hennis | Death Row Stories | Netflix
Innocent Victims | ABC Television Movie

Book:
Innocent Victims: The True Story of the Eastburn Family Murders (Google)
Innocent Victims: The True Story of the Eastburn Family Murders (Amazon)