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)

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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