Marine Veteran Robert McClancy Poisoned with PTSD Medications; Martha McClancy & Charles Kaczmarczyk Convicted of Fraud & Murder (May 15, 2006)

On May 15, 2006August 24, 2019 By AdministratorIn Armed Forces, Cold Cases, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, PTSD, TBI, Mental Illness, Scandals, USMCLeave a comment

screen-shot-2016-12-04-at-12-57-32-pm — Robert ‘Bob’ McClancy, US Marine Corps Veteran

“Monroe County judge calls crime the most evil he’s seen.” -WATE.com

Robert ‘Bob’ McClancy, 47, and Martha Ann McClancy worked in the Manatee County Sheriff’s Department in Florida. Martha was a secretary and Bob was a detective. They fell in love later in life and Bob decided to take an early retirement from his job. The two decided to move away from the fast paced life in Florida and settled in Tellico Plains, Tennessee which is nestled in the Smoky Mountains. Bob suffered with severe stress after years of working as a detective and his time in the Marines. Bob was a highly decorated Vietnam veteran and Purple Heart recipient who was also diagnosed with Post Traumatic Stress Disorder. Bob went through some very traumatic combat experiences and was on strong medications. Bob would often take the wrong dose so Martha Ann decided it was time for her to take control.

In the meantime, Bob was grateful for his friend and fellow veteran Charles Kaczmarczyk because he understood what Bob was going through. Chuck said he had seen combat as well and was also awarded the Purple Heart. The pair had a lot in common. Over the course of time, Martha Ann quickly warmed up to Chuck, the “military hero.” Their relationship blossomed beyond a friendship over time and Bob was never aware of their ongoing affair. Martha Ann and Chuck frequently got together in Bob’s home. They fell in love and soon Bob was looking increasingly like a troubled third wheel. Martha often told Chuck things would be better if Bob went away. One night, Martha claimed to find Bob barely conscious after he had taken an accidental overdose of his medications for PTSD. When she got to the hospital, she claimed Bob was always messing up his medications.

On May 15, 2006, Chuck said he discovered Bob dead after another accidental overdose on his medications. Chuck found his friend dead in his chair with an empty pill bottle in one hand and a 38 revolver in the other hand. Chuck appeared distraught after finding his friend as did the sobbing Martha Ann after she found out. Everything pointed to a tragic suicide and Martha Ann leaned harder on her friend Chuck. Five months later, Martha and Chuck got married and embarked on a new life with a whole new look. They didn’t even look like the same people when they started their new careers as fraudsters. Martha Ann took on the role of a veteran pretending to be a Purple Heart recipient and claimed she earned it after the 9/11 attack on the Pentagon. And Chuck doesn’t have PTSD, he was faking it for the veteran benefits. Chuck had been in the military but he never saw a day of combat.

Martha Ann and Chuck both faked permanent injuries and had this whole scam going at the Department of Veterans Affairs. They used a wheelchair or a cane to make it appear they had physical injuries as well. Over six years, the two defrauded the federal government of nearly $800,000 dollars until Chuck told one war story too many. Other veterans came forward and said he was lying because what he was describing was not what happened as they were there. Martha Ann and Charles both ended up behind bars and their criminal history was over. And then one day, Martha Ann’s son made a surprise discovery on her computer. Martha Ann’s son found pictures of his step-father, Bob, dead in a chair. In each picture, Bob was in a different position. There were pictures of Bob with the gun in his hand, then there were pictures of Bob without the gun in his hand.

Martha Ann’s son knew the photos would implicate his mother in the murder of his step-father Bob but he loved Bob and didn’t hesitate to contact authorities. Martha Ann’s son cooperated with the police fully in a sting operation to nail his mother. Martha Ann asked him to get rid of all the photos. The police knew where to find the person who took the pictures because Chuck was spending 30 months in jail for his part in the disability fraud. Chuck immediately wanted to know what was in it for him so the police agreed to tell the district attorney that Chuck cooperated with them in the investigation. Chuck confessed that Martha Ann had crushed up Bob’s pills and put them in his drink and then confessed to the entire twisted tail. Martha called the crushed pills her “magic dust.”

The police would learn that Martha Ann crushed up the medication and put it in Bob’s drinks in an effort to slowly kill him. And on May 15, 2006, Martha gave Bob a lethal dose of “magic dust” and then went to work to create her alibi. Chuck was supposed to check in on Bob later that afternoon and it was his job to pretend to find him dead. Martha Ann was sure Bob would be dead by then. But when Chuck arrived to check in on Bob, he was laying on the floor and wasn’t dead yet. So Chuck lifted him up, placed him in the chair, and fed him more of the crushed pills. Then Chuck sat there and waited until he died. Martha Ann told Chuck to keep it simple and make it look like a suicide. But Chuck went overboard, placed a gun in his hand, and took pictures of Bob in various positions. Martha wanted to see the pictures.

Despite Chuck’s confession, Martha Ann claimed Bob took the wrong medication and she had nothing to do with it. She never admitted to any involvement whatsoever. The detectives said she was one of the coldest people they had ever interviewed. In 2013, Charles Kaczmarczyk pleaded guilty to conspiracy to commit first degree murder and was sentenced to twenty-five (25) years in federal prison. Nine years after her husband’s death, Martha Ann McClancy was convicted of attempted first degree murder and conspiracy to commit first degree murder. She was sentenced to the maximum of fifty years in prison and is eligible for parole in 2028. Those involved with the investigation claimed Martha Ann never showed an ounce of regret or remorse or guilt for what she did to her husband.

Dateline:

Preview: The death of a beloved Tennessee man is believed to be a suicide. But when a son questions his mother, he uncovers a dark family conspiracy. -Secrets in the Smoky Mountains, Dateline NBC (October 24, 2016)

Oxygen:

Preview: Robert McClancy was found dead in his home, but was it suicide triggered from his PTSD, did his best friend who found him turn out to be the one who killed him, or was it his seemingly loving wife behind it all? -Martha Ann McClancy, Snapped (S21, E2)

Investigation Discovery:

Two can keep a secret, if one of them is dead. These Deadly Women think they’ve committed the perfect murders when they “Hit and Run.” -Hit and Run, Deadly Women (S11, E6)

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.

Air Force Retiree Willy Jackson Found Dead in Colorado Springs Home; Wife Tony Jackson Confessed to Stabbing, DA Ruled Self-Defense (June 24, 1994)

On June 24, 1994September 29, 2019 By AdministratorIn Armed Forces, Domestic Violence, Felony Crime, Homicide, In Their Name, USAF, VeteransLeave a comment

When an Air Force veteran dies unexpectedly, Kenda and his team must determine if it was a tragic accident or premeditated murder. But before long, they discover that their clean-cut victim had a secret life. -Rest in Peace, Homicide Hunter (S9,E5)

Air Force Retiree Willy Jackson, 65, was found dead on the bedroom floor of his Colorado Springs home on June 24, 1994. At initial observation, there were no ligature marks, no bullet wounds, and no trauma observed at all. Willy’s wife Tony suggested he died of alcohol poisoning. Nonetheless, this was a suspicious death and detectives began their investigation. After the medical examiner arrived on scene, he turned the body over and observed a small puncture wound in Willy’s thigh. Investigators also found blood on the mattress and it was concealed with new sheets. Lt. Joe Kenda suspected either Tony or her son had something to do with this incident. After the autopsy was conducted, investigators learned Willy was stabbed with a steak knife and bled to death. Kenda got a warrant to search Willy’s home. The police sprayed luminal and discovered the stabbing occurred in the kitchen. There were blood stains all over the house.

Kenda wanted Tony to take a polygraph test. Before the polygraph was conducted, Willy’s wife Tony Jackson stopped the process and admitted she stabbed Willy. She claimed she did it in self-defense because he was drunk and annoyed that Tony was on the phone with her son’s dad. She said he began choking her and she grabbed a knife from the kitchen and poked him in the leg. Willy went to bed and she never suspected his wound would kill him. She cleaned up the house. After reviewing the case, the District Attorney concluded that Tony Jackson was acting in self-defense and declined to press murder charges. The investigators believed her too. Her crime was cleaning up blood and she was charged with that. She was sentenced to three years of supervised probation. If Willy wasn’t so drunk and passed out, he may have been able to save his own life.

Air Force Retiree Philip Inhofer Murdered by Escort for Money & Mercedes Convertible; Michelle Cummiskey Sentenced to 25 Years to Life (March 7, 1991)

On March 7, 1991September 27, 2019 By AdministratorIn Armed Forces, Domestic Violence, Felony Crime, Homicide, In Their Name, USAF, VeteransLeave a comment

OLYMPUS DIGITAL CAMERA — Philip Inhofer, U.S. Air Force Retiree

Philip Inhofer was an Air Force retiree hired as a civil servant at McClellan Air Force Base in Sacramento, California after retirement from the military. He was recently divorced from his second wife and enjoying retirement as a single man. Philip moved back to North Natomas in Sacramento to be closer to his family. He adored his grandkids and enjoyed being a grandfather. On March 7, 1991, Philip’s boss at McClellan AFB called Philip’s son Henry because he hadn’t shown up to work which was not like him and they were worried. Henry went to Philip’s home and found that his car was gone and his lights were off. He went inside the house, saw blood, and thought maybe he was hurt. Henry was frantic and as a result, he checked the entire house; he eventually found his dad in a closet. Philip was face down and naked with a plastic bag over his head. Henry called his wife who came right over and initially they thought maybe Philip killed himself; they called the police together. Henry took his father’s death hard. He admitted to feeling bummed and having no passion about anything after this tragedy. Henry was in the process of rebuilding his relationship with his dad because when he was young, he was a rebellious teen and Philip was gone a lot while he was in the military.

Henry shared that Philip had been to Korea, Vietnam, and Thailand in his military travels. Henry was using this chance as an opportunity to get to know his father and was looking forward to many more years with him. In retirement, Philip Inhofer loved square dancing and enjoyed his social life but he was getting bored so he bought a two-door 1975 Mercedes convertible. Henry found a list of escort services in his dad’s home and was shocked. He didn’t know anything about his father’s lifestyle. Henry assumed since Philip was recently divorced, he was looking for love in all the wrong places. Henry was embarrassed that his father was purchasing escorts. Apparently Philip did not like being alone so one night he called an escort service and asked for two women. One of those women was an escort by the name of Jade. Jade did not look like a prostitute and was very pretty although she was a prostitute at a Nevada brothel. After meeting Jade that first time, Philip was struck by her and asked for her by name after that because he only had eyes for Jade. In addition to paying Jade for her services, Philip helped her financially; he gave her money to pay her debts, bought her designer clothes, took her shopping, and paid all her expenses. He began spending more and more time with Jade and spending more and more money.

Meanwhile, Henry noticed that Philip would stop by briefly to visit with them but would not sit down and would not stay. He appeared fidgety. Philip was not depressed but looking back in retrospect, he was in love. Philip got rid of his dog for Jade after she complained about it. Then out of the blue he talked about selling his beloved car. We would later learn that Jade wanted his car and he needed another one to replace it. Investigators determined that Jade wanting Philip’s Mercedes became a problem in the relationship because Philip wanted to keep his beloved car. Jade also wanted to continue to shop endlessly but Philip had to put his foot down because he didn’t have the money. Despite Jade’s persistence about the car, Philip could not part with it. Regardless, Philip and Jade started making serious plans together. Philip wanted Jade to move in with him and on March 6, 1991, Jade left the Mustang Ranch in Nevada to move in with her new man in California. Jade and a friend drove through a snow storm to get to California and Philip was very happy to see her. One day later, Philip Inhofer was found dead in his home. First responders at the scene knew right away that Philip Inhofer’s death was no suicide.

A homicide detective was called to the scene to investigate what appeared to be a brutal murder. Detectives discovered a large blood stain on the carpet and found Philip lying on his stomach with a plastic bag on his head. They observed that Philip had suffered from numerous stab wounds and his throat had been slashed. Whoever killed Philip did so in a rage. Philip’s skull was fractured and his teeth were smashed in which was evidence tremendous amounts of blunt force were used. Philip’s shower curtain was shredded and there was blood everywhere including in the tub, on the walls, and on the shower curtains. Detectives found two pieces of paper in the home with Jade’s name on it, one of them was located on the bed stand. They learned Jade was an escort but Philip never told his family that piece of information. Using Philip’s phone records, detectives were able to track down persons of interest in an effort to find Jade. Detectives learned from a friend that Jade was going to Sacramento, California to pick up a Mercedes. The friend who gave Jade a ride to Sacramento informed police that Jade asked her to stop at a store so she could pick up some rat poisoning. She claimed she was going to use it to kill someone but her friend thought she was just kidding.

Investigators also learned that Jade or Michelle Cummisky was accused of electrocuting a previous husband; she threw a radio in his tub. But there was not enough evidence to charge her. Some of her friends said she worshipped Satan and Black Magic, and had tried to kill every man she was ever involved with. A previous husband thought she used rat poison on him because he got very ill when he was with her. Police were concerned that a beautiful, lethal woman was on the run so they called in the Federal Bureau of Investigation to assist. And the media was contacted; they called Michelle Cummisky ‘Batgirl’ in reports. In Biloxi, Mississippi, a police officer pulled over two girls in a Ryder rental truck with a freshly painted Mercedes in the back. The police ran the vehicle identification number and it came back as a hit to the murder victim, Philip Inhofer. Sacramento detectives went to Mississippi. Michelle’s friend Crystal Woodruff was clueless about Michelle’s crimes so she was released but Michelle on the other hand admitted to the crime. She told investigators that she hurt the man she loved because she was high on a lot of LSD and didn’t know what she was doing. Michelle loved her LSD. She claimed she went to get in the shower with Philip but instead saw monsters and beasts. She described Philip as a dark force that she needed to get rid of.

As Michelle committed the murder, she was reminded that Satan would protect her. She started stabbing Philip through the shower curtain as he was taking a shower. He was completely vulnerable, defenseless, and taken off guard. He attempted to fight off the attack as evidenced by the numerous defense wounds on his body but would succumb to the multiple stab wounds. An autopsy revealed that Philip had been stabbed thirty-two times. After he collapsed, Michelle hit him in the head with a bat a few times to make sure he was dead then dragged his body to a closet. Michelle ate dinner and went to bed. She described to investigators that Satan guided her through everything. The next day, Michelle left North Natomas with the bloody rugs and stole Philip’s Mercedes. Michelle Cummisky was charged with murder. At her trial a couple years later, she used the fact that she had a horrible upbringing and difficult childhood as her defense. The prosecutors reminded the jury that the murder was a cold calculated crime and Michelle would go to any lengths to get what she wanted. On April 14, 1994, Michelle Cummisky was sentenced to twenty-five years to life in prison. In April 2011, Michelle Cummisky was denied her first chance at parole. Michelle Cummisky is a greedy, sociopath and her selfish actions altered the destiny of several people forever.

Source: Shades of Jade, Stranger in My Home, Investigation Discovery

Investigation Discovery:

A lonely ex-military man meets up with a much younger beautiful woman, and together they fall in love. Or so they think. Until a deadly combination of greed, worry, and secrets leaves one dead and the other on the run… wanted for murder. -Shades of Jade, A Stranger in My Home (S3, E8)

Nine-Year-Old Dolana Clark Vanished From Great Falls, Montana; Retired Air Force Sgt. Wilfred Morrisey Sentenced to Life in Prison, No Parole for Murder (August 2, 1988)

On August 2, 1988August 6, 2020 By AdministratorIn Armed Forces, Child Abuse, Felony Crime, Homicide, In Their Name, Military Policy, Sexual Assault, USAF, VeteransLeave a comment

Dolana Clark

Wilfred Morrisey

On August 2, 1988, nine year old Dolana Clark vanished from Great Falls, Montana without a trace. A year later, a hunter found Dolana’s remains in the Little Belt Mountains southeast of Great Falls. She died of a gunshot wound to the back of the head. Retired Air Force Sergeant Wilfred “Bill” Morrisey lived a couple of blocks from the Clark residence and had a close relationship with the family during the years preceding Dolana’s disappearance. Police considered Morrisey a person of interest but he repeatedly denied any involvement. A few months later, Morrisey left Great Falls and eventually settled in Colorado. Dolana Clark’s disappearance and homicide case went cold.

Four years later in 2002, the Great Falls Police Department renewed the investigation into Dolana’s death. Detectives reviewed the case file including statements Morrisey had given back in 1988 and found inconsistencies. This peaked a renewed interest in Wilfred Morrisey. After an investigation, detectives developed the theory that Dolana went to Morrisey’s house the evening of August 2, 1988 after her father refused to give her money to purchase a Siamese cat on layaway at a local pet store. Investigators deduced that Dolana went to Bill and asked for money to purchase the cat. They believe Morrisey took advantage of this opportunity. Police suspected that Morrisey most likely sexually abused Dolana in exchange for the money, hit her, and realized he went too far.

Wilfred Morrisey most likely killed young Dolana Clark in an effort to hide his crimes. Police believe he placed Dolana’s body in the trunk of his vehicle and then joined family members in searching for Dolana but refused to use either of his vehicles in the search. After the search, he drove up to the mountains where he dumped her body in a remote location. Detectives learned from a friend of Bill’s that he did in fact own a gun of the same caliber used in the death of Dolana. They also learned that Bill went to the pet store and purchased the Siamese cat that Dolana wanted and kept the cat as his own. The State of Montana charged Wilfred Morrisey on September 4, 2002 with deliberate homicide. In 2005, a jury found Morrisey guilty and sentenced him to life in prison with no eligibility for parole.

Investigation Discovery:

Preview: In 1988, a nine year-old girl goes missing in Great Falls, Montana. Years after the case goes cold, a chance bus stop encounter breathes new life into the investigation, leading detectives to the horrifying truth behind the girl’s disappearance. -Little Girl Gone, Unusual Suspects (S7,E12)

Military Retiree Frank Kovaleski Found Dead in Middle of Street; Mike Murphy Sentenced to 40 Years in Prison for Murder (September 3, 1985)

On September 3, 1985October 1, 2019 By AdministratorIn Armed Forces, Felony Crime, Homicide, In Their Name, VeteransLeave a comment

When a mother is killed, Lt Joe Kenda wonders if it’s a robbery gone wrong, until a slew of hateful messages surface. Then, patrols discover a body on a roadway after an evident hit-and-run, but the victim’s true cause of death turns the case on its head. -#1 Suspect, Homicide Hunter (S4,E9)

Lt. Joe Kenda was asked to investigate a dead body in the street in the early morning hours of September 3, 1985 in Colorado Springs, Colorado. While on patrol, a police officer discovered the body in the middle of the street. The individual had been dragged by a vehicle for 20 to 30 feet. The coroner indicated that the wallet contained an ID. The dead man was 42-year-old Frances ‘Frank’ Kovaleski. He was a retired member of U.S. military. He lived in the general neighborhood. Police began canvassing the neighborhood but because this incident occurred in the middle of the night, no one saw or heard anything. Frank died of blunt force trauma and was stabbed twice; this was a homicide. No money was taken from Frank’s wallet so Kenda deduced Frank most likely was killed by someone he knew. Kenda went to Frank Kovaleski’s home and learned he had a roommate.

The roommate said Frank lived day to day, picked up odd jobs where he could, and fished a lot. He had a daughter in New York. The roommate said he hung out a lot with a guy named Mike Murphy. Mike was about 20 years younger than him. Officers were dispatched to Mike Murphy’s home and when they arrived, they found a car on the street with blood all over the side of it. Mike Murphy admitted it was his car and he was arrested. Kenda got a search warrant for Murphy’s home and interviewed his family. During an interrogation, Mike admitted knowing Frank but denied knowing anything about his death. But, Mike’s wife Sandra told investigators Mike was with Frank the night before he died. Mike’s mother Joyce said Mike got arrested for a DUI and was angry because Frank wouldn’t post a $40 bond to get him out of jail.

Investigators relayed this information to Lt. Kenda. Mike then confessed that he was with Frank but according to him, he was fine the last time he saw him. Based on the evidence, Kenda theorized the two probably went to a bar, got in a verbal altercation, and Mike stopped the car. Then Mike and Frank got out of the car and fought in the middle of the street. Mike probably wasn’t doing well during the fight so he stabbed Frank twice and left him still alive in the middle of the street. Mike got back into his car and and purposefully ran Frank over him, dragging him 20 to 30 feet and made sure he was dead. Mike Murphy was charged with first degree murder. Kenda noted that Mike Murphy never displayed remorse. Murphy was found guilty and sentenced to 40 years in prison for the murder of Frances Kovaleski.

Source: #1 Suspect, Homicide Hunter, Investigation Discovery

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

On May 9, 1985May 5, 2019 By AdministratorIn Armed Forces, Army, Felony Crime, Homicide, In Their Name, Military Policy, Scandals, Sexual Assault2 Comments

Kathryn Eastburn

Cara Eastburn

Erin Eastburn

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.

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