Air Force SrA Andrew Witt Sentenced to Death for the Pre-Meditated Murders of Jamie & Andy Schliepsiek; 13 Years Later, Military Court Re-sentenced Witt to Life In Prison, No Parole (October 13, 2005)

Air Force SrA Andrew Witt murdered Airman Andy Schliepsiek and his wife Jamie at Robins Air Force Base in Georgia on July 5, 2004. According to reports, Andrew Witt made a ‘pass’ at Andy’s wife Jamie at a July 4th cookout. When Andy confronted Witt about the inappropriate sexual advance, he informed him that he would not only report the assault to their Commander but also that he was sleeping with an officer on base. This was motive enough for Andrew Witt to drive back on base and stab them to death in the early morning hours of July 5th. Another airman Jason King was also stabbed in the back as he was attempting to flee the scene. On October 5, 2005, Andrew Witt was found guilty of first degree murder and sentenced to the death penalty by a military court on October 13, 2005. After an appeal, the death sentence was overturned in 2013. In early 2016, the death sentence for Andrew Witt was reinstated. On July 19, 2016, the highest military appeals court ruled in favor of a new sentencing hearing for Andrew Witt. In July 2018, a military panel re-sentenced Andrew Witt to life in prison without parole. Witt also received a dishonorable discharge from the Air Force as part of his sentence. At one point, Witt was the only Air Force service member on military death row at Leavenworth in Kansas. He was joined by four other Army soldiers: Timothy Hennis, Ronald Gray, Hasan AkbarNidal Hasan. (Army soldier Dwight Loving‘s death sentence was commuted by President Barack Obama in 2017).

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Four Service Members on Military Death Row at Fort Leavenworth, Army Private John Bennett was Last Military Execution by Hanging in 1961
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Army Sergeant Hasan Akbar Used a Grenade & Rifle to Harm Fellow Soldiers in Kuwait Resulting in Two Deaths & Several Injuries; Sentenced to Death by Military Court (2003)

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Hasan Akbar, US Army

Sergeant Hasan Akbar, US Army, was sentenced to death by the military courts in 2005 for the March 23, 2003 grenade and rifle attacks on his fellow soldiers at Camp Pennsylvania in Kuwait. Akbar was accused of rolling hand grenades inside tents at a military command center and then opening fire. Army Captain Christopher Scott Seifert and Air Force Major Gregory L. Stone died in the attacks and fourteen others were wounded in the chaotic grenade and rifle attack. According to testimony, Akbar had been repeatedly disciplined by Army leadership for insubordination and it was also learned from his own diary entries that he carefully planned the attacks to result in maximum carnage. It appeared that Akbar targeted senior command staff and his motive was to stop US soldiers from harming his fellow Muslims. He was convicted of premeditated first degree murder. Akbar continues to appeal his death sentence and as of 2016 he has requested that the US Supreme Court hear his case in an attempt to reverse the death sentence imposed by the UCMJ. Hasan Akbar currently sits on death row at Fort Leavenworth prison in Kansas with three other service members: Timothy HennisRonald Gray, and Nidal Hasan.

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Innocent Victims: The True Story of the Eastburn Family Murders by Scott Whisnant Published | Book Review (March 1, 1993)

Description:

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.

Is it constitutional for retirees to be court martialed? Highest military court to decide soon. (Connecting Vets, July 8, 2020)

Do you love podcasts? Check out the Military Murder Podcast and get up to speed with the Timothy Hennis murder case here.

Kathryn, Cara, and Erin Eastburn of Fayetteville, North Carolina

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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)
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Army Soldier Dwight Loving Murdered First of Two Cab Drivers; Sentenced to Death by Military Courts But Commuted in 2017 by President Obama, Re-sentenced to Life, No Parole (December 12, 1988)

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Dwight Loving, US Army

A military judge sentenced Army soldier Dwight Loving, 20, to death for the murders of two Killeen, Texas cab drivers and the attempted murder of a third. Loving was found guilty April 3, 1989 of two counts of felony murder in the deaths of Army Private Christopher Fay, 20, a 13th Corps Support Command soldier and part-time Killeen cab driver, and retired Master Sgt. Bobby Sharbino, 44. The two men were found dead in their taxis on December 12 and December 13, 1988, both victims of gunshot wounds. Howard Harrison, 28, another cab driver, was injured when he struggled with Loving in his cab. Harrison managed to escape after knocking the gun from Lovings hand. The court also found Loving guilty of robbing two 7-Eleven convenience stores on December 11, 1988. In 2016, Dwight Loving was one of six service members on military death row at Fort Leavenworth in Kansas; he was joined by Andrew WittRonald Gray, Timothy Hennis, Hasan Akbar, and Nidal Hasan. In 2017, President Barack Obama commuted Dwight Loving’s death sentence before he left Office. Loving was re-sentenced to life in prison without parole. According to the terms of the commutation agreement, Loving will be unable to appeal his conviction and is ineligible in any way for release in the future. Andrew Witt was granted a new sentencing trial on appeal, and in July 2018, the military courts re-sentenced Witt from the death penalty to life in prison without parole.

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Ronald Gray, US Army, Sentenced to Death by Military Courts for the Rape & Murder of Army Private Laura Vickery-Clay & Civilian Kimberly Ruggles (1986)

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Ronald Gray, US Army

Ronald Gray, US Army, was sentenced to death in 1988 by a military court for the rape and premeditated murders of Army Private Laura Lee Vickery-Clay in December 1986 and civilian Kimberly Ann Ruggles in January 1987. He was also convicted of raping Army Private Mary Ann Lang Nameth and leaving her for dead in January 1987. Ronald Gray’s scheduled execution is one of two scheduled in the military since 1961. Army Private John Bennett was the last soldier to be executed by the US military. Bennett was convicted of rape and the attempted murder of an 11 year old Austrian girl. He was hanged in 1961 at Fort Leavenworth prison in Kansas. Ronald Gray joined Timothy Hennis, another Fort Bragg soldier convicted of rape and the murders of Air Force spouse Kathryn Eastburn and two of her three daughters in 1985. In 2008, President George Bush granted the final approval necessary for the military to execute Ronald Gray. After Gray’s execution was delayed for eight years, media reports indicated in December 2016 that the Armed Forces courts will no longer grant stays of execution and the federal government made an announcement that they plan to move forward with the lethal injection execution of Ronald Gray. Gray is one of six service members on death row at Fort Leavenworth. He joins Timothy Hennis, Dwight LovingAndrew Witt, Hasan Akbar, and Nidal Hasan.

Learn more: Nidal Hasan, and the 5 other men on the military’s death row

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Army Pvt. John Bennett Executed by Hanging at U.S. Disciplinary Barracks, Fort Leavenworth for Raping White Girl in Austria (April 13, 1961)

Photo by Shane Aldendorff on Pexels.com

“John Bennett, a black man, was hanged for raping a white girl in Austria. During the six years between his trial and death, eight other soldiers were executed, all of them black. Six white prisoners were on death row during those years. Some had killed little girls or had killed more than once. None were executed. President Dwight Eisenhower commuted the sentences of four. Two were spared by the courts. Today, six soldiers are on military death row–four black, one Asian, one white.” (update: 4 soldiers are on death row now)

Evidence in Bennett’s case revealed mental defects in the young man and his family, defects that today would probably spare his life. He also almost certainly suffered from epilepsy, which his defenders cited as further evidence of mental illness. Even Dr. Karl Menninger, the country’s preeminent psychiatrist, twice sought to save the life of this ‘undistinguished epileptic Negro soldier.The court-martial was held in Austria. The trial lasted five days, with little defense. The jury deliberated just 25 minutes.

Read more from Richard A. Serrano (LA Timeshere or here and check out Serrano’s book ‘Summoned at Midnight: A Story of Race and the Last Military Executions at Fort Leavenworth’ here.

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