“Timothy Hennis was sentenced to death for the murders of Katie Eastburn and her two daughters, Erin and Kara Eastburn. Katie was a military wife who lived on the Fort Bragg base with her husband and three daughters. This case takes a look at how important it is to follow investigatory protocol and how double jeopardy is actually interpreted in the legal system in a case that spans over two decades. Tune in to find out how this case unfolds, and where it stands today.” –The Case of Timothy Hennis, Death’s Door Podcast (September 14, 2017)
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:
Kathryn Eastburn, Cara Eastburn, and Erin Eastburn
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In 1985, a young military officer’s wife and two of her three little girls were viciously murdered in their Fayetteville, North Carolina home. Kathryn Eastburn was also raped. The crime occurred six miles from the location of where Jeffrey MacDonald was accused of killing his wife and two children on the base at Fort Bragg. Army sergeant Timothy Hennis became a suspect from the beginning because a day or so earlier, he bought the Eastburn’s family dog. In a background check, they found that he had 3 convictions for writing bad checks and a witness identified him as the same person leaving the Eastburn home during the time in question. Eventually he was charged and found guilty of the murders of Kathryn, Cara, and Erin Eastburn; he was sentenced to death by the civilian authorities in North Carolina. But he appealed, was granted a new trial and at his second death penalty trial, he was found not guilty.
After his acquittal, he joined the Army again for two more tours, worked his way up to E-8, and retired as a MSG from Fort Lewis, Washington. Twenty years later, DNA evidence from a vaginal swab taken from Kathryn Eastburn linked Hennis to the crimes. Civilian prosecutors could not charge Hennis due to double jeopardy; but the US military did claiming they have federal jurisdiction because Hennis is a retiree. As a result, he was ordered back into service due to his retirement status. Hennis tried to claim consensual sex which contradicted original testimony. In 2010, a military jury found him guilty of three counts of murder and he was sentenced to death again. Hennis sits on death row at Fort Leavenworth with three other service members: Ronald Gray, Hasan Akbar, and Nidal Hasan.
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
3 People on Death Row Who May Be Innocent | Criminally Listed
A man tried three times for his life but is he a killer? Find out! Death Row Stories.
While on death row, Tim Hennis received an anonymous letter confessing to the murders. The note didn’t produce any leads. -Death Row Stories
The star witness in Tim Hennis’ trial had doubts about whether Hennis committed the murders. -Death Row Stories
Timothy Hennis Double Jeopardy | Death Row Stories | CNN
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
Judy Buenoano was executed by the State of Florida on March 30, 1998.
Air Force Sergeant James Goodyear, 37, died on September 16, 1971 in Orlando, Florida. Sergeant Goodyear died just three months after completing a year long tour of duty in Vietnam. He left behind his wife Judy Buenoano Goodyear and her son Michael Buenoano. Judy received $28,000 in military life insurance benefits and military death benefits to help support the family. When her son Michael turned eighteen, he joined the US Army. On his way to his post in Georgia, he stopped in to visit his mother Judy, she fed him, and afterwards he became ill. The illness led to a crippling condition that left him paralyzed in his lower extremities and he was subsequently discharged from the Army as a Private. Michael was disabled and Judy was taking care of him. On May 13, 1980 Judy took Michael for a canoe ride. Judy reported to local authorities that her canoe capsized and her son Michael had drowned. She collected $125,000 in military life insurance benefits for her son’s death.
In June 1983, Judy was suspected in the car bombing of her fiancé John Gentry of Pensacola, Florida. She stood to gain $500,000 in life insurance money for this death. Judy Buenoano was first convicted of the attempted murder of John Gentry. As a result of her involvement in the attempted murder of John, investigators looked into the ‘accidental deaths’ of her husband James Goodyear and her son Michael. They exhumed John’s body a decade later and an autopsy revealed he had been poisoned with arsenic. Testimony revealed long-term arsenic poisoning had actually caused her son Michael’s disability. And when Judy drowned him, he was wearing an extra 15 pounds of weighted braces. Judy reportedly admitted to being involved in the 1978 death of her boyfriend Bobby Joe Morris as well. She received $50,000 in life insurance benefits for his death. Judy Buenoano was found guilty of first degree murder and sentenced to death. She was executed by the electric chair in Florida on March 30, 1998. Judy Buenoano was motivated by money, profit, and greed.
Fort Bragg, North Carolina, had seen it all before – when Dr. Jeffrey MacDonald was convicted of savagely slaying his wife and children. Now another officer’s wife had been raped and murdered, another pari of children viciously butchered. And another member of the military was brought to trial. This time the state had no trouble winning a conviction. Tim Hennis was found guilty and sentenced to death. Only Hennis’ parents, wife, and dedicated defense team refused to give up. Piece by piece they ripped the state’s case to shreds, revealing a stunning story of perversion of justice, false witnesses, hidden evidence, and, incredibly, a baby-sitter who had a fascination with Dr. Jeffrey MacDonald. With the brutal truth and chilling suspense of Fatal Vision, this riveting account recreates a vicious crime, the behind-the-scenes story of its investigation, the compelling drama of one of the very few men ever released from Death Row, and an unsolved mystery that still casts a spell of terror. (Innocent Victims by Scott Whisnant)
Book Review:
I read the Innocent Victims book while I was camping and honestly I could not put it down. I was reminded of it while listening to the Military Murder Podcast and inspired to read it because of the level of detail available in the book. It was a great read because there were so many twists and turns in the case. If I didn’t know about the fact that a DNA match to Timothy Hennis helped prove his guilt in a 2010 military trial, I would have been convinced Timothy Hennis was wrongfully convicted. Timothy Hennis was luckier than most because he had the staunch support of his adopted family and wife Angela, who all believed wholeheartedly in his innocence. This case is one for the history books because it’s not every day someone is found guilty in a civilian trial, then found not guilty in a civilian trial on appeal, and then tried again by the military in a third trial and found guilty. Timothy Hennis was sentenced to death and is one of four service members languishing on military death row. The military hasn’t executed anyone since they hanged Army Pvt. John Bennett on April 13, 1961.
Journalists and scholars have questioned the military’s ability to try someone found not guilty in a civilian court because of the double jeopardy concerns. Due to the fact that Timothy Hennis was found not guilty in a second civilian trial, he was allowed to resume his career in the U.S. Army and retired as a MSG in 2004. As far as we know, Timothy Hennis committed no other crimes and was well respected by those he served with. It would be because of his retirement from the military, the Army was able to bring him back on active duty status and try him in a third trial for the murders of the Eastburn family. This practice is also controversial. On appeal Timothy Hennis challenged the military’s jurisdiction to recall him to active duty status to prosecute him and questioned the double jeopardy concerns. In January 2020, an Appeals Court decided military retirees can be recalled to active duty status and court-martialed. In February 2020, the U.S. Court of Military Appeals rejected Hennis’ constitutional rights challenges to the military court’s jurisdiction to try him.
MILITARY JUSTICE FOR ALL 