Unusual Suspects Premiered ‘Mother’s Day Murders’ on ID: Timothy Hennis on Military Death Row for Murders of Kathryn, Cara & Erin Eastburn (October 8, 2012)

Unusual Suspects 4
Mother’s Day Murders, Unusual Suspects, Investigation Discovery (S4,E5)

Death Row Stories (CNN):

While on death row, Tim Hennis received an anonymous letter confessing to the murders. The note didn’t produce any leads. -CNN (July 17, 2014)

The star witness in Tim Hennis’ trial had doubts about whether Hennis committed the murders. -CNN (July 17, 2014)

A man tried three times for his life but is he a killer? Find out! Death Row Stories. -CNN (September 5, 2014)

The brutal murder of a U.S. Army wife and her two young daughters. One year later, a mountain of circumstantial evidence sent U.S. Army sergeant Timothy Hennis to death row for the crime, but the case later took a unique turn in legal history. -Timothy Hennis, Death Row Stories (S1,E7)

Victims:

Katie & Children
Kathryn Eastburn, Cara Eastburn, and Erin Eastburn

Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.

Related Links:
Death Row Stories: Hennis Trailer | CNN
I did the crime…you’re doin’ the time | CNN
Death penalty case’s ‘Perry Mason moment’ | CNN
Timothy Hennis | Death Row Stories | CNN (S1,E7)
Four U.S. Service Members on Military Death Row at Fort Leavenworth, Kansas; Army Private John Bennett was Last Military Execution by Hanging in 1961
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 at Fort Bragg (April 15, 2010)
Violent Crime, Non Combat Death and Suicide at Fort Bragg, North Carolina (US Army)
Mother’s Day Murders | Unusual Suspects | Investigation Discovery (website)
Mother’s Day Murders | Unusual Suspects | Investigation Discovery (Amazon)
The Eastburn Family Murders & The 3 Trials of Timothy Hennis | Military Murder Podcast
The Eastburn Family Murders | True Crime Brewery Podcast
3 People on Death Row Who May Be Innocent Part 2

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

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)

Dishonorably Discharged Air Force Veteran Dan Leach II Murdered Ashley Wilson; Confessed to Homicide, Sentenced to 75 Years in Prison (2004)


Nineteen-year-old Ashley Wilson is ecstatic when she discovers she’s going to be a new mom. But days later, the Texas teen is found dead in her apartment with a hand-written suicide note by her side. -Stolen Voices, Buried Secrets

“He [Dan Leach] said his son was ‘disappointed’ when he returned from his stint with the Air Force where he was based in Florida and was eventually dishonorably discharged.” -Fort Bend Herald

Related Links:
Dan Randall Leach, II
Killer confesses: Teen’s death not suicide
‘Passion’ viewing prompts confession
Film prompts murder confession
Passion of Christ prompted strangler’s confession
Man confesses to murder after seeing Gibson’s film of Jesus
Killer’s ‘Passion’ confession: ‘I was like a machine’
Crime and ‘Passion’: Man Describes Killing
Texas Passion Case: Criminal Confesses after Viewing ‘The Passion’
Dan Leach testifies in his own defense
Dan Randal Leach II v. The State of Texas–Appeal from 268th District Court of Fort Bend County (2008)
Complaint says autopsy missed pregnancy, botched murder case
Ashley Wilson | Stolen Voices, Buried Secrets | Investigation Discovery
Mortal Sin | Stolen Voices, Buried Secrets | Investigation Discovery
Suicide or Murder? | Evil Talks Chilling Confessions | Investigation Discovery


When a young woman is found dead in her own apartment, all signs point to suicide. But when a man comes forward to say it was really a murder, investigators must sort truth from lies. -Evil Talks Chilling Confessions

Fort Campbell Army Pfc. Barry Winchell Died of Injuries Sustained in a Baseball Bat Attack in the Barracks; Calvin Glover Sentenced to Life in Prison (July 5, 1999)

Barry Winchell
Pfc. Barry Winchell, U.S. Army (photo: wikipedia)

Vanity Fair Confidential featured an episode called Don’t Ask Don’t Kill on Investigation Discovery highlighting the case of Army Pfc. Barry Winchell at Fort Campbell, Kentucky in 1999. Winchell was bludgeoned to death by a fellow soldier while he lay asleep in his cot on July 5 in the barracks. Winchell was described by his friends as someone who would give the shirt off his back for you. He was a model soldier and had dreams of becoming a Warrant Officer. He was a member of the elite Screaming Eagles, 101st Airborne and was considered a perfect fit for the military. He was described by fellow soldiers as a 50 caliber expert.

After Barry Winchell died, the military immediately began downplaying what had occurred on base at Fort Campbell. They initially claimed it was a fight that had gone too far. They told the family that Barry Winchell had been kicked in the head with a boot but his injuries did not match that theory. As a result, the family and media outlets were convinced the military was hiding the real story and believed they were trying to cover up the crime. Why? The military concluded that this was a rare soldier on soldier attack in their barracks but the claim that he was kicked in the head did not match the crime scene either. Although the military was tasked with the investigation of the murder, they declined to speculate on a motive.

The Army was not cooperating with anyone. ~Vanity Fair Confidential

When Barry’s girlfriend Calpernia Addams learned about what happened to Barry, he was on life support and considered brain dead. He died twelve hours after the attack and she didn’t get an opportunity to see him. Calpernia learned that he had been murdered on base and believed that there was more to this story then what the Army was sharing. As a result, she set out to make sure both Barry’s parents and the media knew what she knew and suspected had happened. Calpernia was born a boy. She served in the US Navy as a transsexual and then once she got out of the military, she began her transition from man to woman. When Calpernia and Barry met, they hit it off immediately and started dating. When she met Barry, she was halfway to becoming a woman. She lovingly shared that Barry accepted her for who she was and supported her in her transition from man to woman.

Calpernia strongly believed that people were blurring the lines between whether Barry was gay or straight. She wanted people to know that he was straight and he liked women. Calpernia believed that Barry’s troubles began with an anonymous accusation that Barry was gay. She claimed that a fellow soldier said he saw Barry giving oral sex to a man in a Nashville gay bar. But no one believed it and his military comrades didn’t think he was gay.  Calpernia believed that it was Barry’s roommate, Justin Fisher, who started spreading the rumors in an effort to cause harm to Barry. In 1999 the Don’t Ask Don’t Tell policy was in effect and a soldier could in fact lose their career if they were found out. Justin Fisher didn’t have the best reputation. He was described as someone who thought he was a gangster even though he was from Nebraska. And some believed that Justin never should have been allowed to join the military.

According to Calpernia, Justin Fisher and Barry Winchell had a love/hate relationship. Fisher tormented him, joked about his sexuality, about him being a homosexual, and kept calling him a faggot. He told others that he didn’t trust him and eventually openly spread rumors that Barry was gay. Fisher also blackmailed Barry with his alleged homosexuality. He told their Non Commissioned Officers (NCOs) about him being gay knowing that Barry could lose his career under the Don’t Ask Don’t Tell (DADT) policy. Back in those days, once accused of being gay, you were dead in the water in a military setting. Some believe this case reveals that if gone unchecked the military can become an incubator for hate. At the time of DADT, it was virtually impossible to report anti-gay harassment and Barry’s family and friends were not quite sure how he dealt with the regular doses of harassment. As evidenced in this case and many others, he had nowhere to turn without fear of losing his cherished career.

At the time of DADT, it was virtually impossible to report anti-gay harassment without fear of losing your career. ~Vanity Fair Confidential

The military was in charge of the investigation because the crime occurred on a federal base. As with many cases, family, friends, and the media forced the Army to be accountable for what happened on their base on their watch. So as the investigation into Barry’s Winchell’s death continued, we learned what actually  happened. Calvin Glover, an eighteen year old new recruit, was ultimately charged with the murder of Barry Winchell. Observers felt that he did it because of a combination of too many men, too much alcohol, and too little to do. The day before the murder, Calvin and Winchell got into a fight. Apparently Winchell dealt him one punch in the face and he went down. Calvin who was highly intoxicated swore he would get him back but Winchell apologized to him the next day and it appeared that everything was fine. Unfortunately, Justin Fisher (Winchell’s roommate) was provoking Calvin all day long asking him if he was going to take Winchell’s abuse.

That same night after Calvin Glover had consumed seventeen beers, he decided he was going to bed. Fisher went to his room and told him that Barry was telling everyone that he beat him up and they were all laughing about it. Fisher handed Calvin a wooden bat, suggested he hit Barry with it, and Calvin said he felt compelled to use it. In a drunken, peer pressured stupor, Calvin hit Barry Winchell multiple times in the head with the wooden bat. Barry Winchell was asleep and couldn’t defend himself. After Calvin was done hitting Barry, Fisher was laughing, jumping up and down, and told Calvin that they would keep it in the family. Then Calvin immediately began to destroy evidence. Fisher acted like he stumbled upon Winchell on the cot and was trying to help him. The soldiers tried calling 911 but they were not able to get through to emergency services on a base phone. Barry was taken to the hospital and twelve hours later, he was dead. Everyone in the barracks was wondering who would come in the barracks and kill them.

The soldiers tried calling 911 but they were not able to get through to emergency services on a base phone. ~Vanity Fair Confidential

In the course of the investigation, Justin Fisher eventually identified Calvin Glover as the culprit. As a result of Calpernia Addams and others that stepped forward, we learned that there was more to the story underneath the surface. We learned that Justin Fisher had a much larger role in the crime then he was willing to admit. Justin Fisher introduced Calpernia Addams to Barry Winchell. Apparently Justin Fisher was interested in Calpernia Addams and after she chose Barry, he asked her if she would hook him up with one of her drag queen friends. Justin ended up hooking up with Kimmie Mayfield, who was a man. Everyone suspected that Justin was interested in guys because of his relationship with Kimmie. They hooked up several times in the course of a few months. We also learned this wasn’t Justin’s first walk on the wild side. He had a history of experimentation. Barry shared with Calpernia that one time he woke up to Justin playing with his feet. Calpernia deduced that Justin may have been jealous of Calpernia being with Barry or vice versa. It was noted that people tend to hate those who remind them of something they don’t want to face.

In the end about 90% of the soldiers who served with Barry Winchell, Calvin Glover, and Justin Fisher didn’t think this was a hate crime but instead a crime of passion. They did not witness any anti-gay rage; but they did witness too much alcohol. One of the soldiers believed that Justin Fisher also hit Barry Winchell with the bat because of the blood spatter evidence left at the crime scene. It matched someone who was left handed and Fisher was left handed. One of the soldiers mentioned this to Fisher and Fisher told him he was in the wrong career and should be a detective instead. The soldiers who served with them believed that Justin Fisher was the murderer and Calvin Glover was the murder weapon. Calvin felt pressured by Justin Fisher to hit Winchell while he was intoxicated. It is suspected that Fisher hit Winchell with the bat as well and may have been the one that dealt the fatal blows. Calvin participated in the Vanity Fair programming by phone from prison and did in fact express remorse for his role in Barry Winchell’s death.

Both Calvin Glover and Justin Fisher were court martialed. In the end, Calvin Glover was convicted of pre-meditated murder and was sentenced to life in prison with an opportunity for parole. Justin Fisher was charged as an accessory and restricted to his barracks while he was going through trial. Observers felt that it was ridiculous that Fisher was restricted to his barracks when in fact he was the mastermind of the murder. He too was convicted and sentenced to twelve and half years but was released early in 2006 after only serving seven years. Observers felt that Justin Fisher’s sentence was a miscarriage of justice considering it never would have happened if it wasn’t for him pushing Calvin Glover to hit Barry Winchell with the baseball bat that night. Justin Fisher now lives in the Mid-West and declined to comment on this Vanity Fair episode. He walks as a free man. In retrospect, Calvin Glover shared that he feels like this was a love triangle gone wrong and he wishes that he could take it all back.

At the end of the programming, Pat and Wally Kutteles (Barry’s parents) shared that they sent their son off to serve in the military, they did not send him off to be beaten to death with a bat while he was sleeping. Dixon Osborn from the Servicemen’s Legal Defense Network (SLDN) believed that the military simply wanted to sweep it under the rug with no connection to the gay reference. The military hoped the general public, the media, and Barry’s parents would just accept that it was a drunken brawl. All those involved felt like the military investigation was a joke. Calpernia Addams, Barry’s parents and friends, and the SLDN wanted to honor Barry’s memory by exposing the truth about Barry’s untimely death. They used Barry Winchell’s case as a catalyst to lift the dangerous Don’t Ask Don’t Tell policy. According to those involved, President Bill Clinton’s DADT policy was the biggest mistake ever for the military because it taught people to lie. At the peak of DADT, there were 3-4 soldiers discharged per day for their sexual orientation. DADT was a failure of the Clinton administration.

All those involved felt like the military investigation was a joke. ~Vanity Fair Confidential

In an interesting twist, the Commander who was in charge at the time of the death of Barry Winchell sparked protest in Washington DC in 2000 when he was reassigned to the Joint Chiefs of Staff at the Pentagon. In response, Eric Shinseki, the Army’s Chief of Staff, stated that General Clark’s command at Fort Campbell had been “distinguished by great competence and compassionate leadership. The Army has placed its trust and confidence in Major General Clark and I am confident he will continue to excel in service to our nation.” The military concluded in a public statement that this was the first gay bashing murder in over ten years and that soldier on soldier violence was rare. In October 1999, President Clinton signed an executive order increasing penalties for hate crimes in the military justice code and allowed a sentencing authority to hear evidence that a violent crime was based on race, color or sexual orientation. However, the order only applied to crimes committed after Nov. 30, 1999.

Barry Winchell’s parents lobbied with the SLDN to help change the DADT policy after losing their son. Even though their son was not gay, he was accused of being gay which eventually led to his death.  Roughly ten years later in 2010, President Barack Obama signed a historic bill ending the DADT policy, a policy that compelled gay and lesbian service members to hide their sexual orientation. The ending of the policy made it official for gays and lesbians to serve openly in the Armed Forces. President Obama said he “hopes all those who left the service because of the policy will seek to re-enlist. And he encouraged all gays to consider service.” Although, gays and lesbians were cautioned to keep their identity to themselves until the law was official in 2011. This comes as one of the first major actions by Secretary Defense Leon Panetta, who had been on the job for three weeks. SecDef Panetta also lifted the ban on women in combat in 2013. Our military is now officially equal in all respects.

Related Links:
Pfc Barry L Winchell Memorial Page | Facebook
American Justice: A Soldier’s Secret
Don’t Ask, Don’t Kill: Inside the Murder of Soldier Barry Winchell | Vanity Fair
The Barry Winchell Case Helped End the Don’t Ask Don’t Tell Policy in the Military
Showtime Entertainment Released ‘Soldier’s Girl’: Based on the True Story of the Murder of Fort Campbell Army Pfc. Barry Winchell (January 20, 2003)
15 Movies & Documentaries That Expose the Broken Military Justice System
Pentagon is accused of cover-up in gay murder at army base
Witness: Private Admitted Killing | AP
Hate May Have Triggered Fatal Barracks Beating
DoD Clarifies “Don’t Ask, Don’t Tell” Policy
Army Private Guilty Of Murder
Army private found guilty of planned murder
Oklahoman convicted Army says Sulphur man guilty in other’s murder
Soldier Gets Life With Parole | Associated Press
Soldier Gets Life with Parole | Chicago Tribune
Soldier guilty of lesser charge in base death
Soldier Gets 12 1/2 Years in Prison for His Role in Beating Death
A statement on the murder of Private First Class Barry Winchell
Army Exonerates Officers In Slaying of Gay Private
Commanders cleared in fort murder of gay soldier
Army Report: Base Not Anti-Gay
Military Gay Policy Defended
Family of murdered gay soldier sues U.S. Army for wrongful death
Mother Plans to Sue Army After Son Beaten to Death
For Love of Country | SFGate
Gay dismissals up after Army death
Gay discharges on rise in Army and Navy
Nomination of former Fort Campbell commander in limbo
Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)
Bush Re-Nominates Controversial Major General to High Post
Major General Robert Clark: Promoted
Military prosecutor says soldier hated gays
Parents of murdered Army private speak out
Former soldier convicted in Winchell murder released
Army releases soldier convicted in connection with anti-gay murder
Army Releases Barry Winchell Murder Conspirator, 5 Years Early
Gays in the Military: Does a Sailor’s Murder Signal Deeper Problems?
Commentary: Murdered soldier’s parents know ‘don’t ask, don’t tell’ is wrong
Commentary: Murdered soldier’s parents know ‘don’t ask, don’t tell’ is wrong
Murdered soldier’s parents: Repeal ‘don’t ask, don’t tell’
Remembering Pfc. Barry Winchell on the 10th Anniversary of His Murder
Episode features Winchell story
Patricia Kutteles was a military mother who helped repeal ‘don’t ask, don’t tell’
Patricia Kutteles, Driven by Tragedy to End ‘Don’t Ask, Don’t Tell
Patricia Kutteles, military mother who helped repeal ‘don’t ask, don’t tell,’ dies at 67
Episode 12 The Murder of PFC Barry Winchell: Casualty and Martyr of Don’t Ask, Don’t Tell | Southern Fried True Crime Podcast
Episode 32: The Murder of Barry Winchell (Part 1) | Military Murder Podcast
Ep33. MURDER: The Murder of Barry Winchell (Part 2) | Military Murder Podcast
Violent Crime, Suicide & Non Combat Death at Fort Campbell, Kentucky (US Army)

Air Force Spouse Kathryn Eastburn & Daughters Cara & Erin Found Murdered in Fayetteville, NC Home; Youngest Toddler Jana Discovered Unharmed (May 9, 1985)

The murder of a military wife and two of her young daughters in Fayetteville, North Carolina in 1985 was still making headlines twenty-five years later. The loss of his children and his wife Kathryn would forever haunt former Air Force Captain Gary Eastburn. Katie captivated him from the moment they met and the two got married shortly before Gary joined the United States Air Force. Eleven years later, Captain Eastburn was stationed at Pope Air Force Base in North Carolina as an Air Traffic Control supervisor. By then, the couple had three daughters: five year old Cara, three year old Erin, and Jana who was just under the age of two. They lived on Summerhill Road near the Fort Bragg Army post.

In the spring of 1985, Gary Eastburn was nearing the end of a training program at Maxwell Air Force Base in Alabama. Every Thursday night, Gary called Kathryn from the barrack’s payphone. One week, he couldn’t reached Kathryn and after frantically calling her for a couple days unable to reach her, Gary asked a neighbor to check in on his wife. The neighbors had grown concerned as well when they noticed that the newspaper had not been picked up for a couple days and they heard a child crying. They called the police who went into the Eastburn’s home and discovered Kathryn, Cara, and Erin had been murdered and the youngest toddler, Jana, was crying and severely dehydrated. They would learn that the baby was only hours from death.

The Fayetteville Police Department investigators discovered that Kathryn Eastburn had been raped and murdered. Her underwear had been cut off her, her blouse and bra were ripped opened, her throat was slit, and she had multiple stab wounds. Erin was found in her mother’s room stabbed to death and her throat slashed. And Cara was found in her own bed as if she was hiding underneath a blanket. She too had been stabbed multiple times and her throat was cut. Police believe the surviving toddler was in her crib for nearly three days before neighbors found her. Gary Eastburn received the dreadful call that there had been a death in the family while he was still at Maxwell. Investigators asked him to return home immediately because detectives wanted to give him the news in person.

Desperate police turned to the only living witness, Jana, to see if she remembered anything. The police took Jana to a child psychologist to determine what, if anything, she might know. The police deduced that the child heard the killer but could not identify him; she was just too young. An older Jana admits that she doesn’t remember anything now either. Police theorized that the baby was young and couldn’t identify the intruder which is probably why she was spared. In the meantime, a neighbor came forward claiming he saw a man leaving the Eastburn residence around 3 a.m. and was able to give a description of a suspect who drove a white Chevrolet Chevette. Kathryn also told Gary about a man who came and looked at the family dog they were trying to find a home for. His name was Timothy Hennis and the composite drawing inspired by the neighbor looked just like him.

Timothy Hennis was questioned and asked to give hair, blood, and fingerprint samples. When the detectives escorted Hennis back to his car, they discovered he drove a white Chevrolet Chevette. Later that night, Timothy Hennis was arrested. Hennis was an Army Sergeant stationed at Fort Bragg. Someone had used Kathryn’s stolen ATM card and a witness identified Hennis as the person who used the ATM right before she did at the time of the transaction. At every turn, the evidence overwhelmingly brought them back to Hennis. The prosecutors were puzzled why Hennis would commit such a heinous crime given he had no history of violence. They learned that he had approached a woman for sex that same night and theorized that when he was rejected, he decided to target Kathryn Eastburn.

A trial began roughly a year after the murders in 1986. Hennis’ attorney was quick to point out that the prosecution didn’t have any physical evidence linking Hennis to the murders to include fingerprints, hair, and foot prints. This was at a time before there was any routine DNA testing, therefore even semen found in Kathryn’s body led police nowhere. There was a significant amount of physical evidence showing that a male suspect was in the Summerhill Road house and it wasn’t Gary Eastburn or Timothy Hennis. Hennis’ attorney also pointed out that there was no possible way someone could leave that house without transferring evidence to their personal belongings. On July 4, 1986, the jury returned it’s verdict and Timothy Hennis was found guilty on all counts. Four days later, Hennis was sentenced to death.

While Timothy Hennis was sitting on death row, he received a letter from someone claiming to have committed the crimes. This person appeared to show remorse because Hennis was serving time for his crimes. In spite of the verdict, Hennis’ attorney and wife Angela continued to claim that Hennis was not the killer. As a result, Hennis’ attorney fought to have the murder conviction overturned and filed an appeal. The attorney felt he did not provide adequate representation in the first case and admitted that it was a heavy burden to carry. In a precedent setting decision, the Supreme Court overturned the guilty verdict. It found the prosecutors used information to inflame the jury, a graphic parade of disturbing images taken at the crime scene. After two years on death row, Hennis was awarded a new trial.

The second trial began in 1989, four years after the murders. The prosecution’s case was still strong and the star witness was back to swear that he saw Hennis leaving the Eastburn home on the night in question. In this new trial, the defense delivered compelling theories of their own. They produced a witness who claimed to have seen another man (not matching the description of Timothy Hennis) near the Eastburn home. The defense also reminded the jury there was no physical evidence connecting Hennis to the murders. Additionally, they opined there were others who could have committed the crimes including the person who wrote to Hennis while he was in prison. And in this case, Hennis took the witness stand and denied having anything to do with the murders. On April 19, 1989, a jury found Timothy Hennis not guilty on the triple murder charges and set him free.

Gary Eastburn wasn’t convinced of Hennis’ innocence because he never once apologized to the family for their loss. The verdict just didn’t sit right with Gary and he strongly believed that Hennis was guilty despite the jury’s decision. Gary admits he was angry after the verdict but he knew he had to let it go for his health. A month after Hennis was released from prison, ‘A Current Affair’ paid Hennis and his wife to appear on the program. Hennis suggested the prosecution wanted to pin the murder on anyone so they could get it out of the news; he also denied committing the murders. Timothy Hennis was free and for over twenty years no new suspects emerged. Whoever committed the murders in Fayetteville had gotten away with murder until one day a cold case detective took another look at the case.

After the murders, Gary Eastburn was transferred to a military base north of London, England where he met an English nurse and married her in 1991. Jana was 8 years old and now had a step-mother. Timothy Hennis returned to his family and resumed a career in the Army which often took him away from home. He served in the first Desert Storm war, he served in the war in Somalia, he got promoted multiple times, and had nothing but good marks from military leadership. Journalist Scott Whisnant wrote a book called ‘Innocent Victims’ which was later featured as a television movie. The point of view of the book was that Timothy Hennis was not guilty of these crimes. Investigators never read the book or saw the show. They claimed they were not interested in fiction; instead they were annoyed and pissed.

Twenty years later, new detectives were working on cold cases and decided to take a second look at the Eastburn murders. A cold case investigator found the one clue that could lead them to the killer, a vaginal swab from Kathryn Eastburn. In the 1980s, DNA testing was not available but now it was and they sent it to the lab. The lab testing revealed that the vaginal swab from Kathryn was a match to Timothy Hennis’ DNA. Still, Hennis’ attorney wasn’t convinced because he didn’t understand how someone could commit such a heinous crime then go twenty five years without committing another one and also lead an exemplary life. Billy Richardson believed the sample may have been contaminated and he pointed out that the lab that conducted the testing had been called into question on numerous occasions.

Author Scott Whisnant also believed that something was wrong and Hennis couldn’t have committed these crimes. He asked: “How could he be guilty of this? How could he fool everyone all these years?” Meanwhile, investigators contacted Gary Eastburn to inform him they got a match to Timothy Hennis. Eastburn admitted he had given up hope and the new information was overwhelming. But one thing stood in the way of justice: the Constitution. Hennis had been found not guilty by the State of North Carolina and they were prohibited from trying him a second time because of the double jeopardy clause. But the State found a loophole and because Timothy Hennis was a retired Army soldier, the Army could try him. They ordered Hennis out of retirement and back into uniform to stand trial in the military justice system.

Hennis retired in Washington state in a community near Seattle which was a shock to Gary Eastburn because that’s where he and his wife had settled and Jana and her boyfriend had settled. They learned that Hennis lived 30 minutes away from them. Jana was shocked he lived so closely to them because he was walking free in a community near her. But the Army would soon move Hennis; he was ordered back to Fort Bragg to face triple murder charges. After two decades of freedom, Hennis was being tried for the murders of Kathryn, Cara and Erin Eastburn, a third time for the same crime, except this time in a military court martial. If convicted, Hennis could again face the death penalty again. Hennis’ attorney was stunned that in America, Hennis could be charged for a third time for the same crime.

Billy Richardson referred to the double jeopardy clause in the US Constitution and reminded the public it doesn’t say anything about jurisdiction. He tried to get a federal court to intervene on the issue but failed. And in this third Hennis trial, there would be a new witness, Jana, the only survivor that night. She wanted the jury to know how this crime impacted her life. The trial began in the spring of 2010 and Timothy Hennis’ wife and grown daughter continued to stand by his side. They believed he was innocent. Hennis’ new attorney, Frank Spinner, argued at trial that the facts of Hennis’ life do not paint the portrait of a man who could commit such a heinous crime. He questioned how a man who led such an exemplary life could be the same person who would commit three murders in one night.

Timothy Hennis served his country with distinction, raised his family, and never committed another crime in the twenty five years after the Eastburn murders. And yet on one single night, Hennis slaughtered a family? The prosecutors said the motive didn’t matter because there was DNA linking Hennis to the murders. Spinner reminded jurors that DNA does not mean a case is open and shut. He argued that the DNA does not mean Hennis raped and murdered Kathryn Eastburn because Hennis admitted to consensual sex with her. Hennis suggested Kathryn was lonely while her husband was away at training. Gary Eastburn was angry the defense would have the audacity to suggest that Kathryn was a ‘whore’. Hennis’ old attorney Billy Richardson shared that Hennis denied having sex with Kathryn twenty years ago.

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Kathryn and Gary Eastburn

The military panel didn’t believe Timothy Hennis and they found him guilty of the murders of Kathryn, Cara and Erin Eastburn. Hennis was lead away in handcuffs and for the second time in his life, he was sentenced to death. Timothy Hennis maintains his innocence, filed an appeal, and is fighting for a reversal of his conviction. Gary and his daughter Jana spoke to the press minutes after the verdict and expressed empathy for Timothy’s family despite their belief that justice was finally served. Jana Eastburn admitted she feels more at peace knowing that Hennis is behind bars. As of 2011, Timothy Hennis appealed his conviction and challenged the federal ruling regarding the double jeopardy clause. Timothy Hennis remains on military death row at Fort Leavenworth in Kansas.

Source: 20/20 on ID ‘Witness’

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. -20/20 on 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)

Green Beret Doctor Capt. Howard Levy Convicted in Court-martial for Willfully Disobeying Orders & Making Disloyal Statements About U.S. Policy in Vietnam (June 2, 1967)

History-channel-logo-1

“Capt. Howard Levy, 30, a dermatologist from Brooklyn, is convicted by a general court-martial in Fort Jackson, South Carolina, of willfully disobeying orders and making disloyal statements about U.S. policy in Vietnam. Levy had refused to provide elementary instruction in skin disease to Green Beret medics on the grounds that the Green Berets would use medicine as ‘another tool of political persuasion’ in Vietnam.” Read more from This Day in History here.

Related Links:
1967 Press Photo Howard Levy
Captain Howard Levy
My Visit With Capt. Howard Levy
ACLU History: The Military
GI opposition to the Vietnam War, 1965-1973
Timeline of the G.I. Antiwar Movement
Parker v. Levy (1974)
Vietnam War | National Archives
Green Berets End Testimony in Levy Case
The Press of Peace
The Trial of Captain Levy: II
Court Rejects Cases Challenging Legality of the War
A system of law, tried and found guilty
Vietnam: Where Are They Now?
Following Up | The New York Times
The Real Story of Vietnam Veterans Against the War
Sir! No Sir! | Seattle Weekly
How GI Resistance Altered The Course Of History: “Sir, No Sir,” A Timely Film
Watada, the War and the Law | The Nation
Super Troopers | Village Voice
Back to ‘nam: Cinema looks at the USA’s other hated war
Fonda’s antiwar years are being lived anew
New life for anti-war film Pentagon suppressed
Civil rights-era lawyer for Bond, Ali dies in Fla.
Charles Morgan Jr., 78; was famed civil rights era lawyer
A Memorial Day Remembrance of Peace Activist Soldiers
Please Don’t Thank Me For My Service
The GI Revolt That Ended the Vietnam War
Attica hostages died of gunshots, not cut throats as originally reported in 1971
NY Times Belated obituary for ex-Green Beret, antiwar activist Donald Duncan
Vietnam and the Soldiers’ Revolt
Opinion: Honoring GIs and veterans who fought for peace in Vietnam
I’m Pretty Sure Sergeant Greenwald Tried To Kill Me.
The Look Magazine article from 1968
Vietnam Vets Return to My Lai, Where US Slaughtered 500 Civilians
The Vietnam War and the US Soldiers’ Revolt
Reflections on the Anti-War Documentary, Sir! No Sir!
Dr. Howard Levy Refuses Orders Over Vietnam War; Charges U.S. War Crimes
War Crimes and Vietnam: The “Nuremberg Defense” and the Military Service Resister
Vietnam War on Trial: The Court-Martial of Dr. Howard B. Levy
May 10, 1967: Army Captain Howard Levy Refuses to Train Green Berets During Vietnam War
The Court-Martial of Captain Levy: Medical Ethics vs. Military Law
Book: Sir! No Sir! – The Suppressed Story of the GI Movement to End the War in Vietnam
Movie of the Month: Sir! No Sir! | Portland Public Library
Movie: Sir! No Sir! | The New Yorker