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.
Earl Richmond, Jr., Army veteran, was executed in 2005.
Sgt. Earl Richmond, Jr was stationed at Fort Dix from 1988 until he was discharged for misconduct in the fall of 1990 for taking money from trainees.
On April 15, 1989, a female Air Force officer stationed at Fort Dix and her male companion were held at gunpoint and robbed at a bus stop. The Air Force officer was sexually assaulted as well. Richard Stevens was a civilian who worked at the base. He was charged, convicted of the crimes, and sentenced to fourteen years by a federal court. Eventually it was determined that he was wrongfully convicted of these crimes. He served more then three and a half years in jail before he was exonerated. Stevens resembled Earl Richmond Jr. who was identified as a suspect in this case yet never officially charged. While Stevens was getting out of jail in 1992, Richmond was awaiting trial on state charges for the rape of a 17-year-old girl at a motel near Fort Dix in April 1989. The burglary and rape case involving the Air Force officer at Fort Dix is considered unsolved.
Shortly after the rape accusations surfaced, Earl Richmond, Jr. was charged with four murders. In 1991, Richmond raped and murdered both Army Spc Lisa Nadeau in Fort Dix, New Jersey and Helisa Hayes in Fayetteville, North Carolina. He murdered Helisa Haye’s two children who were witnesses to the crime as well. DNA evidence helped solve these four cases and tied him to the 1989 rape of the 17-year-old girl at the motel near Fort Dix.
Spc. Lisa Nadeau, 24, raped & strangled on April 4, 1991 in base housing.
Helisa Hayes, 27, raped and strangled in her home in November 1991.
Phillip Hayes, 8, stabbed 60 times with a pair of scissors.
Darien Hayes, 7, strangled with an electric cord.
Earl Richmond, Jr. was sentenced to death for the four murders and executed by lethal injection in North Carolina on May 6, 2005.
On January 6, 1987, Army soldier Ronald Gray raped, sodomized, robbed, and murdered civilian Kimberly Ann Ruggles, 23, in Fayetteville, North Carolina. Kimberly, who was a taxi driver, was dispatched to pick up Ronald Gray at his residence. In the early morning hours of January 7th, Fort Bragg military police officers discovered Ruggles’ empty cab parked at the edge of the woods on post. They discovered Kimberly’s nude body a short distance away. She had been raped, sodomized, beaten, and stabbed seven times. Kimberly’s mouth was gagged with a cloth belt that matched pants found in Gray’s possession only hours earlier. Ronald Gray’s fingerprints were also on the interior door handle of Ruggles’ taxi and Ruggles’ fingerprints were found on money in Gray’s possession. In addition, Gray’s footprints were found at the scene of the crime. In 1988, Ronald Gray was found guilty by the military courts of the premeditated murders of Kimberly and Private Laura Lee Vickery-Clay, and the attempted premeditated murder of Private Mary Ann Lang Nameth. On April 12, 1988, Ronald Gray was sentenced to death, given a dishonorable discharge, total forfeitures, and a reduction to Private E-1. In 2008, President George Bush gave the final approval for the military execution of Ronald Gray. In December 2016, media reports indicated that the military is moving forward with the lethal injection execution of Ronald Gray.
According to CNN, the US military could soon execute someone for the first time since 1961. Ronald Gray, a former Army soldier, has been on military death row at Fort Leavenworth since 1988 when he was convicted of killing five women and raping several others in 1986 and 1987 while stationed at Fort Bragg in North Carolina. A civilian court gave him eight life sentences, but a military court sentenced him to death. Last week, a judge ruled Gray’s stay in prison was no longer in effect and denied any further stays. Following the ruling, an execution date for Gray could be announced as soon as next month. –Wochit News
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 Loving, Andrew Witt, Hasan Akbar, and Nidal Hasan.
On December 15, 1986, Army soldier Ronald Gray abducted, raped, sodomized, and murdered Private Laura Lee Vickery-Clay, 18, of Fort Bragg, North Carolina. According to reports, witnesses saw Laura at a local store with Ronald Gray the night she disappeared and Gray’s finger print evidence was found on the hood of Laura’s vehicle. About a month later on January 17, 1987, a soldier discovered Laura’s half-naked, decomposed body in the woods on Fort Bragg. She had been raped, sodomized, and shot in the neck, forehead, chest, and back of the head. She had also suffered blunt force trauma to various parts of her body. The murder weapon was found in close proximity to the victim’s body. In 1988, Ronald Gray was found guilty by the military courts of the premeditated murders of civilian Kimberly Ann Ruggles and Private Laura Lee Vickery-Clay, and the attempted premeditated murder of Private Mary Ann Lang Nameth. On April 12, 1988, Ronald Gray was sentenced to death, given a dishonorable discharge, total forfeitures, and a reduction to Private E-1. In 2008, President George Bush gave the final approval for the military execution of Ronald Gray. In December 2016, media reports indicated that the military is moving forward with the lethal injection execution of Ronald Gray.
According to CNN, the US military could soon execute someone for the first time since 1961. Ronald Gray, a former Army soldier, has been on military death row at Fort Leavenworth since 1988 when he was convicted of killing five women and raping several others in 1986 and 1987 while stationed at Fort Bragg in North Carolina. A civilian court gave him eight life sentences, but a military court sentenced him to death. Last week, a judge ruled Gray’s stay in prison was no longer in effect and denied any further stays. Following the ruling, an execution date for Gray could be announced as soon as next month. –Wochit News
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.
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
Capt. Jeffrey MacDonald, U.S. Army (photo: The Fayetteville Observer, N.C.)
Dr. Jeffrey MacDonald, was convicted on August 29, 1979 for the murders of his wife, Colette, and his two daughters, Kimberley and Kristen, at Fort Bragg, North Carolina. The murders occurred on February 17, 1970 while Captain MacDonald was serving as a doctor for Green Berets in the Army. Captain MacDonald was court martialed but a military judge did not find sufficient evidence to proceed with a trial. Captain MacDonald was honorably discharged from the Army. After persistence from Colette’s family, prosecutors in Fayetteville, North Carolina began to pay attention to the homicide case and eventually charged Jeffrey MacDonald with the murders of his family. MacDonald was found guilty by a jury of his peers and received three life sentences. Jeffrey MacDonald maintains his innocence to this day and continues to appeal his convictions.
Investigation Discovery:
An army surgeon, Jeffrey MacDonald, is the lone survivor of a brutal 1970 home invasion that claims the lives of his wife and daughters. But authorities doubt his story of murderous hippies and believe MacDonald is the culprit. -Jeffrey MacDonald: The Accused, People Magazine Investigates (S1,E11)
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.
Dr. Jeffrey MacDonald, was convicted on August 29, 1979 of the murders of his wife, Colette, and his two daughters, Kimberley and Kristen, at Fort Bragg, North Carolina. The murders occurred on February 17, 1970 while Captain MacDonald was serving as a doctor for Green Berets in the Army. Captain MacDonald was court martialed but a military judge did not find sufficient evidence to proceed with a trial. Captain MacDonald was honorably discharged from the Army. After persistence from Colette’s family, prosecutors in Fayetteville, North Carolina began to pay attention to the homicide case and eventually charged Jeffrey MacDonald with the murders of his family. MacDonald was found guilty by a jury of his peers and received three life sentences. Jeffrey MacDonald maintains his innocence to this day and continues to appeal his convictions.
False Witness:
Trailer: Special Forces Captain and Princeton man Jeffrey MacDonald has been in Federal prison since 1979 for murdering his wife and two young daughters in his quarters at Ft. Bragg eight years earlier, but his conviction might be vacated pursuant to evidence. -False Witness, YouTube Movies (December 4, 2012)
Special Forces Captain and Princeton man Jeffrey MacDonald has been in Federal prison since 1979 for murdering his wife and two young daughters in his quarters at Ft. Bragg eight years earlier, but his conviction might be vacated pursuant to evidence presented for the first time in Federal Court in September, 2012. -False Witness, YouTube Movies (December 4, 2012)
Investigation Discovery:
An army surgeon, Jeffrey MacDonald, is the lone survivor of a brutal 1970 home invasion that claims the lives of his wife and daughters. But authorities doubt his story of murderous hippies and believe MacDonald is the culprit. -The Accused, People Magazine Investigates (January 9, 2017)
The ID Original Movie, FINAL VISION tells the true story of Jeffrey MacDonald, a handsome, Ivy League-educated U.S. Army Green Beret doctor, who was convicted of brutally murdering his pregnant wife and two young daughters in the middle of the night. -Final Vision, Investigation Discovery (December 3, 2017)
ID Go: A writer is enlisted by a former Green Beret who stands accused of murdering his family to cover his trial and proclaim his innocence, but the tables turn when the writer has doubts. -Final Vision, Investigation Discovery (December 10, 2017)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the 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. Download the ID Go app and binge away. 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 $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
MILITARY JUSTICE FOR ALL 