Active Duty Marine Nathaniel Cosby Murdered Ivanice Harris in Hawaii; Sentenced to Life in Prison by Military Courts (May 17, 2013)

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Ivanice Harris and Nathaniel Cosby, US Marine Corps

The dead body of tourist Ivanice ‘Ivy’ Harris was discovered at Yokohama Bay on the island of Oahu in Hawaii on May 20th, 2013. Ivy was living in Nevada but was originally a native of Portland, Oregon; she was four weeks pregnant. Ivy’s friends and family initiated a search after she disappeared on May 16th while celebrating her 29th birthday in Hawaii with her boyfriend, also her pimp. According to Ivy’s memorial, she died on May 17th. Ivy’s death was officially ruled a homicide by the medical examiner’s office; she died of a neck injury. Hawaii police conducted a thorough investigation that led to an active duty Marine on temporary duty assignment in Hawaii. Master Sgt. Nathaniel Cosby, 39, was an explosive ordnance disposal technician assigned to Marine Wing Support Squadron-171 in the 1st Marine Aircraft Wing based out of Iwakumi, Japan. Cosby was arrested at the airport (destination unknown) and charged with Ivy Harris’ murder. After released by the Honolulu Police Department, Cosby was temporarily assigned to an aircraft unit in Kaneohe, Hawaii and according to a Marine spokesman, free to come and go as he pleased.

At some point it appears the civilian authorities deferred to the miitary because Cosby was court martialed by the Marines for the second degree murder of Ivy Harris. Cosby was an active duty Marine therefore he could be tried by the civilians, the military, or both. During the course of the legal proceedings, Cosby admitted to a confrontation with Ivy Harris over money in his hotel room after a night of drinking. He claimed Ivy demanded money then pulled out a knife after he attempted to get out of the room so he put her in a chokehold and killed her in self defense. He got rid of her body to avoid embarrassment to his family and to the Marine Corps. According to court testimony, he was unable to give a blow-by-blow description of the struggle, describing the scene as ‘chaos’. An 8-member military panel found Nathaniel Cosby guilty of second degree murder, obstructing justice, and attempting to patronize a prostitute. The panel recommended life in prison and a dishonorable discharge pending final approval by the convening authority, the Marine Forces Pacific commander. Cosby will serve his life sentence at the maximum-security military prison in Fort Leavenworth, Kansas.

“After being released by HPD, he was temporarily assigned to an aircraft unit at Marine Corps Base Hawaii in Kaneohe, where a U.S. Marines spokesman said he will be free to come and go as he pleases like all other Marines.” –Hawaii News Now

The medical examiner confirms the Oregon woman whose body was found in west Oahu was murdered. Ivanice “Ivy” Harris was found dead four days after she went missing in Waikiki. -KITV4

Related Links:
Obituary: Ivanice Jo’Ruth “Ivy” Harris Greer
In Memory of Ivanice Harris
Friends and Family of missing Oregon woman ask the public for help
Naked body of Oregon woman found washed up on Hawaii beach
Police identify woman killed at Yokohama Bay
Body discovered near Yokohama Bay identified as missing tourist
Body Of Portland Woman Missing In Hawaii Found On Beach
Body of missing Portland woman found in Hawaii
Oregon woman found dead in Hawaii was pregnant
Jewelry tip led to arrest in Ivy Harris case
Hawaii police arrest man in Ivy Harris case
Man arrested at airport for death of Portland woman in Hawaii
Marine charged with murder of Portland woman in Hawaii
Marine master sergeant charged with killing Vegas escort in Hawaii
Ivanice Harris Murder: U.S. Marine charged in death of Las Vegas prostitute in Hawaii
Marine accused of killing prostitute from Oregon who was on vacation in Hawaii for her birthday
U.S. Marine released in Hawaii killing of Ivanice Harris
Trial date set in prostitute death
Marine faces Hawaii hearing in Oregon woman’s death
Marine accused of prostitute murder goes on trial
Marine accused of murdering Portland woman to face court-martial
Detective: Marine took prostitute to Waikiki hotel
Security video caught Marine with murder victim, but he claims he’s innocent
Marine accused of prostitute murder claims self-defense
Marine claims self-defense in murder of Ivy Harris
Marine accused of prostitute murder claims self-defense
Marine Guilty in Harris’ Death
Marine found guilty in Hawaii murder case of Portland woman
Marine found guilty of murdering Portland prostitute Ivanice ‘Ivy’ Harris in Hawaii
Military jury recommends life term for Iwakuni Marine in Hawaii murder
Military jury: Life in prison and dishonorable discharge for Master Sgt. Cosby
Life sentence upheld for U.S. Marine who killed prostitute
US Marine Corps Upholds Life Sentence for Murder of Ivy Harris
Appeals court upholds murder conviction of USMC master sergeant
Pimp of murdered prostitute may be involved in crime ring
FBI: Ten Portland-Area Pimps Charged with Transporting Young Women to Hawaii and Other States for Prostitution
Ivy Harris’ accused pimp arrested in Portland
Portland rapper Meezilini indicted in federal prostitution sweep
DOJ: Portland pimps indicted, including suspect in Ivy Harris case
Pimp of Portland woman killed in Hawaii sentenced to prison
Pimp of woman murdered in Hawaii sentenced to 3 years in prison

Senator Mazie Hirono (D-Hawaii) Cosponsored the Military Justice Improvement Act; Currently Serving as Senate Armed Services Committee Member (May 16, 2013)

Mazie Hirono
Senator Mazie Hirono (D-HI), Senate Armed Services Committee

Hawaii Delegation Backs Reforms Against Military Sexual Assaults (May 16, 2013) by Kery Murakami, Honolulu Civil Beat

New legislation would make it easier for victims of sexual assaults in the military to come forward.

“WASHINGTON, D.C. — A burgeoning scandal over sexual assaults in the military is fueling calls from congressional lawmakers on both sides of the aisle to support a bill that gives victims greater confidence that they’ll get justice. At an emotional press conference on Thursday where former service members spoke of being sexually assaulted while in the military, Sen. Mazie Hirono and Rep. Tulsi Gabbard joined a bipartisan group in both chambers in pushing for reform. The issue was a personal one for Gabbard, who served two tours of duty in the Middle East with the National Guard. Though she was not available for comment Thursday, she told CNN earlier this month that rape culture was prevalent during her first deployment to Iraq, to the point where soldiers were trained on protecting themselves from other soldiers.”

At [the] press conference, Jennifer Norris said she was raped while serving in the U.S. Air Force. “At first I was too afraid to report my assault to my chain of command, but two years later I was forced to report due to the escalation of the behavior and the fear that I would be raped again,” she said. Norris…said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.” –Honolulu Civil Beat (May 16, 2013)

Read more from Honolulu Civil Beat here.

In the News:

U.S. Senator Mazie K. Hirono was joined today by victims of sexual assault in the military and organizations who assist victims of Military Sexual Trauma (MST) to announce new bipartisan, bicameral legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. -Mazie Hirono (September 25, 2013)

Senator Mazie K. Hirono joined a diverse coalition, led by Senator Kirsten Gillibrand (D-NY), to call for the creation of a fair military justice system to reverse the systemic obstacles that sexual assault victims face. The Military Justice Improvement Act would remove the military’s chain of command’s sole decision-making power over whether cases move forward to trial. -Mazie Hirono (November 6, 2013)

Hirono Speaks In Support Of The Military Justice Improvement Act. -Mazie Hirono (November 14, 2013)

With Vote Looming, Hirono Urges Support For Military Justice Improvement Act -Mazie Hirono (November 20, 2013)

Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act -Mazie Hirono (March 6, 2014)

PBS NewsHour: Hirono Fights For Military Justice Improvement Act -Mazie Hirono (March 7, 2014)

Senator Hirono Calls to Address Military Sexual Assault -Mazie Hirono (May 24, 2016)

Senator Hirono Presses Marine Corps Commandant for Commitment to Address Military Sexual Assualt -Mazie Hirono (March 14, 2017)

Related Links:
Senator Mazie Hirono (D-HI), Senate Armed Services Committee
S.967 – Military Justice Improvement Act of 2013
S.1752 – Military Justice Improvement Act of 2013
Rape victims testify about assaults in Military (March 13, 2013)
Hawaii Delegation Backs Reforms Against Military Sexual Assaults (May 16, 2013)
Tough military sexual assault bill introduced (May 17, 2013)
Hirono visits 25th Infantry Division, Schofield Barracks (April 8, 2013)
Hawaii delegation supports bill on military sexual assault (May 17, 2013)
Women in Congress Leading the Charge on Changing the Culture of Sexual Assault in the Military (May 18, 2013)
Women in the Senate Confront the Military on Sexual Assaults (June 3, 2013)
Senate set for battle over military sexual assault (June 12, 2013)
Diverse coalition behind Gillibrand sexual assault bill (July 16, 2013)
Military Sexual Assault Bill Would Reassign Authority (July 21, 2013)
Military Sexual Assault Bill Would Reassign Authority (July 21, 2013)
Hirono Joins Colleagues To Announce Bill To Stop Sexual Assault In The Military (September 25, 2013)
Hirono Calls For Fair Military Justice System For Survivors Of Sexual Assault (November 6, 2013)
Hirono Joins Bipartisan Group of Colleagues to Call for Fair Military Justice System for Sexual Assault Survivors (November 6, 2013)
Group of senators begin push to remove sex assault cases from chain of command (November 6, 2013)
McCaskill, Blunt seek to reform military sexual assault proceeding law (November 12, 2103)
Hirono Speaks In Support Of The Military Justice Improvement Act (November 14, 2013)
Rekha Basu: An epidemic of sexual assault in the military (November 19, 2013)
With Vote Looming, Hirono Urges Support For Military Justice Improvement Act (November 20, 2013)
Gillibrand, McCaskill Resume Military Sexual-Assault Debate (February 6, 2014)
Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act (March 6, 2014)
PBS NewsHour: Hirono Fights For Military Justice Improvement Act (March 7, 2014)
Sens. Kirsten Gillibrand And Claire McCaskill Begin To Take On College Sexual Assault (April 4, 2014)
U.S. Senators Serious About Sexual Assault (April 21, 2014)
Retaliation Against Victims of Military Sexual Assault Still Persists (December 4, 2014)
Senators demand transparency in US military justice system (December 8, 2015)
Pentagon data on child sex crimes in the military doesn’t show full picture (January 4, 2016)
Senator Hirono Calls to Address Military Sexual Assault (May 24, 2016)
Senator Hirono Presses Marine Corps Commandant for Commitment to Address Military Sexual Assualt (March 14, 2017)
Hirono, Gillibrand Re-Introduce Legislation to Address Crisis of Military Sexual Assault (November 16, 2017)
Military Justice Improvement Act Targets Sex Assaults (November 20, 2017)
Defense Department targets Air Force Academy’s use of mental diagnoses to oust cadets who report sexual assault (March 1, 2018)
Pentagon IG opens evaluation of Air Force Academy sexual assault prevention office (March 1, 2018)
Senators Hirono, Gillibrand Reintroduce Legislation to Bring Justice to Survivors of Sexual Assault in the Military (June 14, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Hirono Calls For Fair Military Justice System For Survivors Of Sexual Assault
Hirono Joins Colleagues To Announce Bill To Stop Sexual Assault In The Military
Senator Hirono Calls to Address Military Sexual Assault

Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)

Maria Lauterbach
LCpl. Maria Lauterbach, U.S. Marine Corps

The family of slain Marine Lance Cpl. Maria Lauterbach is hailing recent provisions in the National Defense Authorization Act that profoundly change the way the Department of Defense will handle sexual assault charges.

The Defense STRONG Act has cleared both the House and the Senate and is awaiting President Barack Obama’s signature. Provisions include access to legal counsel for victims and the right to request a base transfer.

Lauterbach’s mother, Mary Lauterbach of Vandalia, said the new law would have made the difference in the case of her daughter, who was denied a base transfer after accusing fellow Marine Cesar Laurean of sexual assault. “Maria would be alive today if the base transfer had been available to her,” she said.

Turner concurred, “In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.”

In the News:

New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before. It’s all thanks to the fight from Congressman Mike Turner and a local mother Mary Lauterbach. The provisions make certain that a victim has legal counsel throughout the whole process so they understand what their legal rights are and how to protect themselves. The provisions also remove the accused from the situation and not the victim. -WKEF/WRGT (August 15, 2013)

A major hurdle cleared for sexual assault victims in the military. Congress passed a bill that would give victims rights and protection they never had before. The push came after the tragic murder of local marine Maria Lauterbach and her unborn son. Congress approved a bill that would give military sexual assault victims legal counsel and criminalize retaliation against any victim. “If Maria had had this, she would be alive today, it’s very important.” The bill now heads to President Barack Obama for his signature. -WKEF/WRGT (December 20, 2013)

Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)

Key changes in military policy

  • By executive order, communication between victims and victim advocates will now be privileged. Previously conversations between victim and victim advocates can be subpoenaed in court, making victims reluctant to come forward. Pending legislation HR 1540, passed by both the House and Senate, provides for:
  • Legal assistance for victims of sexual assault. Previously, only defendants in the military have been guaranteed access to a lawyer.
  • Stricter training guidelines and greater oversight for Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
  • Retention of sexual assault records with lifetime access for service members.
  • The victim’s right to a base transfer or unit transfer. Under the new law, these requests will be expedited, with decisions being made within 72 hours and the bias should be in favor of the victim.

Read more here.

Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)

[Former] Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of [former] Rep. Braley who was killed by her husband while both were in the service. -[Former] Rep. Bruce Braley (April 12, 2011)

In Their Name:

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Holley Lynn James Wimunc 2
2nd Lt. Holley Lynn James, U.S. Army

“The U.S. military could crack down on internal cases of sexual and domestic abuse. That’s if a bill that [former] Congressman Bruce Braley has written becomes law. The bill is named after this former Dubuque [Iowa] woman. In 2008, Holley Lynn James’ husband killed her at their home at a military base in North Carolina. Both James and her husband John Wimunc were in the military. [KCRG spoke with James’ father] Call it a gut feeling or a father’s intuition, during the spring of 2008 Jesse James knew something wasn’t right with his daughter’s marriage. ‘We were constantly calling the unit, calling the unit and they would do something but it didn’t last very long’ (Jesse James) Two months before her death, Army 2nd Lt. Holley James filed a domestic violence complaint with police against her estranged husband Marine Corporal John Wimunc.

[Wimunc] later killed Holley, dismembered her body, then set her apartment on fire. ‘The military has never had a system of investigating and prosecuting these cases’ (Jesse James). But [former] Congressman Braley’s new bill aims to change all that. It would create an Inspector General’s office to handle abuse cases. There would be a resource department for victims and would include a neutral third party investigator. ‘This isn’t an indictment on military leaders, it’s just that people who are more qualified with the life experiences to investigate and prosecute these things need to be doing it’ (Jesse James). James says he’ll never know but a department like this may have saved his daughter’s life…John Wimunc pleaded guilty to Holley James murder and a judge sentenced him to life in prison without parole. James had two children from a previous relationship. Jesse James says the children are doing well and living with their father…”

“Last year the Department of Defense reported more than 3000 instances of sexual assault in the military. Now [former] Iowa Congressman Bruce Braley has introduced legislation that aims to bring that number down. ‘When it has to do with woman serving their country in the military, I can’t think of a better reason for people to come together and come up with a solution to an alarming problem’ (Rep. Bruce Braley). In Dubuque today, Braley spoke about the Holley Lynn James Act. It would help victims of sexual and domestic abuse in the military. The bill is named after the Dubuque native and Army 2nd Lt. [Holley Lynn James] who was killed by her husband [John Wimunc] in 2008. The bill would enlist the office of Inspector General to provide independent oversight in reported cases.” –KCRG-TV (April 12, 2011)

Related Links:
Rep. Braley introduces Holley Lynn James Act (April 12, 2011)
H.R.1517 – Holley Lynn James Act (112th Congress, 2011-2012)
To amend titles 10 and 28, United States Code, to provide for military sexual assault and domestic violence accountability, and for other purposes.
Domestic Violence, Where Does it End? (Interview with Jesse James)
Braley says Defense Department moves involving domestic violence are encouraging
Accountability for Sexual Assault Perpetrator in the Military
Battle over dedication to the military
New Braley ad pushes Senate hopeful’s ability to work across party lines
Slain soldier’s father lauds Braley
Sgt. Bill Coffin Murdered Ex-Fiancee After Civilian Courts Issued Protective Order, Judge Alleges Army Routinely Ignores Court Orders (December 15, 1997)
Army Staff Sgt. Paul Norris Fatally Shot Army Spc. Kamisha Block in Iraq After She Ended a Forbidden Relationship, Then Ended His Own Life (August 16, 2007)
Camp Lejeune Marine Maria Lauterbach & Unborn Child Murdered, Remains Discovered in Fellow Marine’s Backyard; Cesar Laurean Sentenced to Life in Prison, No Parole (December 15, 2007)
Army Nurse Lt. Holley Lynn James Murdered by Marine Husband the Day After She Announced Divorce; John Wimunc Plead Guilty, Sentenced to Life in Prison (July 9, 2008)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
History: The Military And Domestic Abuse (2009)
Congress Told That DOD Data on Sexual Assault and Rape in Military Is ‘Lacking in Accuracy, Reliability and Validity’ (2010)
Lauterbach Case Prompts Policy Reforms for Victims of Crime in the Military (December 25, 2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Evidence Reveals Army Reserve Recruiter Adam Arndt Murdered High School Student & Recruit Michelle Miller, Then Killed Self; Army Claims Double Suicide (April 8, 2013)
WMAR-2 News: Family of Katherine Morris wants Dept. of Justice to investigate death (August 10, 2015)
An Open Letter to the Senate and House of Representatives in Support of the Military Justice Improvement Act (June 1, 2016)
Army Pfc. Shadow McClaine Reported Missing at Fort Campbell; Ex-Husband Sgt. Jamal Williams-McCray & Spc. Charles Robinson Pleaded Guilty to Murder (September 2, 2016)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members (2016)
Army Pvt. Paige Fontenot Briles Found Unresponsive in Vehicle at Fort Hood Housing in Texas; Initially CID Investigated as Homicide But Later Ruled Suicide (December 24, 2016)
30 Domestic Abuse Cases in the Military That Ended in the Murder of Female Partners
48 Hours NCIS Premiered ‘Trail of Fire’ on CBS: Holley Wimunc, Domestic Violence, and the Holley Lynn James Act (June 26, 2018)
Military Families for Justice

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)

Army SFC Kelly Stewart Accused of Sexual Assault by German Citizen in a ‘He Said She Said’ Case; Despite Proving Innocence, Railroaded With Collateral Charges (August 23, 2008)

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Sgt. 1st Class Kelly Stewart, US Army

The early morning hours of August 23, 2008 changed Army Special Forces soldier Sgt. 1st Class Kelly Stewart’s life forever. Stewart went out for a night of drinking and partying in Germany with some other soldiers. Stewart was approached by a woman, a German citizen, and they began to dance. An hour or so later, they would leave together to engage in a casual one night stand. The next morning they said their goodbyes and she gave Stewart her number. A couple months later, Stewart would learn from German police and the Army Criminal Investigation Division (CID) that he was being accused of sexual assault by this same woman. Three Days in August by Bob McCarty takes the reader step by step through Kelly Stewart’s military court proceedings in Germany in August 2009. This book reveals the reasons so many concerned citizens are fighting for military justice reform. Whether you believe he is guilty or not, Kelly Stewart was railroaded with collateral charges in this particular court martial. There was no evidence, no forensic testing, and no witnesses to prove guilt beyond a reasonable doubt yet Kelly Stewart paid the price for embarrassing the US Army in an international incident.

Kelly Stewart had a stellar career and zero history of any wrong-doing in his more then ten year career, including behavioral and criminal. But the military prosecutor would lead you to believe he was a violent rapist luring his one victim with manipulation, not force. You read the book and decide for yourself if Kelly Stewart fits the modus operandi of a would be predator. After watching the Netflix docuseries Making a Murderer and reading Kelly Stewart’s record of trial, it’s looking like we have a case of making a rapist. As with all investigations, this is a testament to the value of the right to remain silent whether talking to your Chain of Command or an investigator. Given the military’s track record with aggressive and ruthless tactics, silence will prevent them from twisting your statements into something they are not. Kelly Stewart may have committed adultery and he owned up to it but what if when questioned he had said nothing and denied even knowing her. It’s not his fault that he or any of our soldiers think they can trust the system only to learn that it will betray them. Nothing can stop us from educating our soldiers about their due process rights, the same rights protected by the very Constitution they are willing to die for.

Related Links:
Save This Soldier: Kelly Stewart, US Army
SFC Kelly A. Stewart Gives Up Peacefully to Military Police at Stuttgart Garrison
Green Beret Released From Prison, Fighting to Clear Name of Sex Assault Charges
Found guilty, he ran; now ex-soldier is on last-ditch appeal
A Travesty Of Justice: Collateral Charges In Military Sexual Assault Cases
My Answer Hasn’t Changed After Four Years
Save Our Heroes Files Complaint with Tennessee Bar & USDOJ – Army JAG Judge, & Former Prosecutor, LTC Jacob Bashore in the Wrongful Conviction of Army Sergeant Mario Jeffers
Three Days In August: A U.S. Army Special Forces Soldier’s Fight for Military Justice

Honor and Dishonor: The trials of Sgt. Brent Burke

HBrent Burkeonor and Dishonor: The trials of Sgt. Brent Burke

Sergeant Brent Burke earned his stripes at Fort Campbell, Kentucky — home base for his division, the legendary 101st Airborne. Once under the command of former General David Petraeus, the soldiers of the 101st have seen more action than most soldiers in the U.S. Army. It is also where Sgt. Burke will learn if he will continue to serve in the Army, or if he will serve out his life in prison, because military prosecutors in the Army’s Judge Advocate General’s Corps, known as JAG, will court martial Sgt. Brent Burke for double homicide.

“I would say that the tough part of any case like this is the fact that it was four years old … and it was mostly circumstantial evidence and when you put all that together it certainly makes for a difficult case,” JAG prosecutor Lt. Col Matthew Calarco told “48 Hours” correspondent Richard Schlesinger.  Lieutenant Colonel Matt Calarco’s mission, after four civilian trials failed to get a verdict, is to finally prove Sgt. Burke shot and killed his wife, Tracy, and her ex-husband’s mother, Karen Comer, on Sept. 11, 2007.

Read more here.

Army SSG John Diamond Convicted of Murder of Air Force Capt. Frank Theer; Military Court Sentenced to Life in Prison, No Parole (August 28, 2001)

Michele Theer photo
John Diamond, US Army

Army SSG John Diamond, 28, was accused of fatally shooting Air Force Capt. Frank ‘Marty’ Theer in Fayetteville, North Carolina on December 17, 2000. Capt. Theer and his wife Michelle were on their way to a Christmas party when Michelle claimed she needed to stop at her place of employment. After waiting for awhile, Capt. Theer exited his vehicle to check on Michelle. As he ascended the stairs at the office building, he was shot multiple times and died at the scene. The Fayetteville Police Department launched a homicide investigation and would learn that Michelle Theer was having an affair a married Fort Bragg Army Ranger named John Diamond. It was later theorized that psychologist and Air Force Reservist Michelle Theer was the mastermind behind the murder of her husband. She was accused of setting Capt. Theer up when she lured him to her office; she was also accused of manipulating SSG Diamond to commit the murder. The prosecutor’s theorized the motive for the homicide of Capt. Theer was the Servicemen’s Group Life Insurance money.

During the investigation, the police got a tip that a gun matching the murder weapon was in the custody of SSG Diamond which connected him to the crime. Conveniently, SSG Diamond admitted to having a gun that fit the description of the one used in the murder but he claimed his vehicle had been broken into and the gun was stolen. SSG Diamond was arrested by the US Army for having an unregistered weapon on a federal installation while they investigated his role in the murder. They would learn that despite his marriage status, he was in love with Michelle Theer and would do anything for her. The military courts charged SSG Diamond with first degree murder and on August 28, 2001, a six-member military panel at Fort Bragg found him guilty; Staff Sgt. John Diamond was sentenced to life in federal prison. Michelle Theer disappeared by the time the civilian authorities caught up with her but she was eventually located in Florida living under an assumed identity. Michelle Theer was convicted of conspiracy to commit first degree murder on December 3, 2004 and sentenced to life in prison, no parole.

Investigation Discovery:

In 2000, Michelle Theer was an Air Force wife in the military town of Fayetteville until a fatal shooting made her a widow. The investigation into her husband’s death led police to the door of an Army Ranger – taking orders from very unlikely accomplices. -Fayetteville, Sins and Secrets (S2,E3)

Sexy psychologist and doting Air Force wife Michelle begins a swinging affair with Army Sgt. Diamond while her husband, Captain Marty Theer, is away. But all’s fair in love and war, and Marty’s return will remind them that love is a battlefield. -Sergeant Swinger, Scorned: Love Kills (S4,E1)

Oxygen:

A frantic, distraught woman runs into a video rental store screaming that her husband has been shot. -Michelle Theer & John Diamond, Killer Couples

Killer Couples: S8 E5 Preview – Michelle Theer and John Diamond | Oxygen

Killer Couples: S8 E5 After the Verdict – Michelle Theer and John Diamond | Oxygen

Psychologist Debbie Layton-Tholl talks about her experience meeting with Michelle Theer. -Michelle Theer & John Diamond, Killer Couples

A lonely military wife and psychologist go searching for sex on the Internet with deadly results. -Michelle Theer & John Diamond, Killer Couples (S8,E5)

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:
Website: Free John Diamond
Staff Sgt. John Diamond | The JAG Hunter
Wife of Slain Soldier Charged with Murder
Makeover Madness | People Magazine Investigates
Conviction of pilot’s wife in killing upheld
United States v. Staff Sergeant John M. Diamond (2007)
Investigator: Did Michelle manipulate for murder?
Witness: Did Michelle manipulate for murder?
John Diamond vs United States of America (2010)
Convicted killer wants prison to stop censoring his racy letters
Sinclair Takes His Legal Battle Online
Michelle Theer case featured on ‘Killer Couples’
Psychologist Michelle Theer, Her Internet Affair With John Diamond, and the Murder of Air Force Captain Marty Theer
On the Firing Line | Military Corruption
Army Wives: The Unwritten Code of Military Marriage | Tanya Biank
Cyber Reconnaissance, Surveillance and Defense | Robert Shimonski
Murder Along the Cape Fear: A North Carolina Town in the Twentieth Century | David Morgan
The Officer’s Wife: A True Story of Unspeakable Betrayal and Cold-Blooded Murder | Michael Fleeman
Fayetteville | Sins and Secrets | Investigation Discovery (S2,E3)
Fayetteville | Sins and Secrets | Investigation Discovery (website)
Fayetteville | Sins and Secrets | Investigation Discovery (Amazon)
Sergeant Swinger | Scorned: Love Kills | Investigation Discovery (S4,E1)
Sergeant Swinger | Scorned: Love Kills | Investigation Discovery (website)
Sergeant Swinger | Scorned: Love Kills | Investigation Discovery (Amazon)
Killer Couples: S8 E5 Sneak Peek – My Husband Has Been Shot! | Oxygen
Killer Couples: S8 E5 Preview – Michelle Theer and John Diamond | Oxygen
Killer Couples: S8 E5 After the Verdict – Michelle Theer and John Diamond | Oxygen
Killer Couples: S8 E5 Bonus Clip – Michelle Was Villified by the Media | Oxygen
Michelle Theer & John Diamond | Killer Couples | Oxygen (S8,E5)
Michelle Theer & John Diamond | Killer Couples | Oxygen (Amazon)
Air Force Capt. Frank Theer Murdered by Unidentified Gunman; Wife Michelle & Army SSG John Diamond Sentenced to Life in Prison (December 17, 2000)
Former Air Force Reservist Michelle Theer Convicted of Murder of Husband Frank Theer; Sentenced to Life in Prison, No Parole (December 3, 2004)
Sins and Secrets Premiered ‘Fayetteville’ on Investigation Discovery: Michelle Theer & John Diamond Left a Permanent Mark on Community (January 26, 2012)
Scorned, Love Kills Premiered ‘Sergeant Swinger’ on ID: Air Force Captain’s Murder Reveals Wife’s Evil Intent, Adultery & Greed (October 4, 2014)
Killer Couples Premiered ‘Michelle Theer & John Diamond’ on Oxygen: Affair Leads to Murder of Air Force Capt. Marty Theer (September 3, 2016)
Scorned, Love Kills: 6 Active Duty Military Homicide Cases Featured on Investigation Discovery

Army Spouse Diane Pelkey Reported Missing; Fort Carson Soldier Michael Pelkey Convicted of Murder at Court Martial, Sentenced to Life in Prison (October 8, 1993)

When the severed head of a wife and mother is found, Lt. Joe Kenda uses forensics and interrogation to find both her body and her killer. Then… a young man’s murder looks like a robbery gone wrong until Kenda learns the odd reason he’s living there. -The Line Goes Dead, Homicide Hunter (S6,E13)

On October 16, 1993, a mother was home with her son cooking supper. She went outside to call her dog Shadow to return home. When the dog returned, he had something large in his mouth. Danielle and her son realized that the dog had a human skull in it’s mouth. Lt. Joe Kenda of the Colorado Spring Police Department was grocery shopping when he got the call. He left his grocery shopping cart as is and headed to the scene. When Kenda arrived on the scene, the medical examiner was observing the skull. The medical examiner observed another animal got to the skull before the dog did and the time of death was within the last couple of weeks. The skull appeared to be a female with no obvious signs of bullet wounds or trauma. But they didn’t have the rest of the body to determine the official cause of death. Lt. Joe Kenda decided to start with the missing persons reports first.

Kenda also wanted to find the rest of the remains. Unfortunately, it was dark outside so they decided to resume the search the next day in during the daylight hours. The police used cadaver dogs to find the rest of the body. Cadaver dogs are trained to notify their handler when they make a hit. Kenda knew this would be a daunting task because El Paso County is the size of Rhode Island. An hour into the search, the K9 officer got a hit. They found a few more human bones; some still had flesh attached and some had teeth marks on them. Kenda theorized maybe she was a hiker out for a walk one day and got attacked by a bear. Now Joe Kenda needed to identify the dead female. They used dental records to determine if the dead woman’s teeth matched any dental records on file. On the third missing woman’s dental records, they finally found a match. Diane Pelkey, 36, was reported missing one week prior by her husband Michael Pelkey.

Michael Pelkey paid for a full page ad in the newspaper looking for Diane Pelkey. Police learned Michael was a 16 year veteran in the US Army and lived off post in Colorado Springs with his wife. Kenda now had the unfortunate task of informing Michael Pelkey of his wife’s death. He told him positive identification was made through dental records. Michael Pelkey was overcome with grief. They had been together for over 15 years. They had a son and she was four months pregnant.  Michael claims the last time he saw Diane they were out at dinner and then got in an argument. He said she walked away from him and he had not seen her since. Kenda deduced she would have had to walk ten miles to get home. Kenda decided she was not killed by a bear, she was killed by a human. They didn’t know if maybe someone picked her up hitchhiking and killed her. Michael Pelkey claimed he didn’t look for his wife because he had to go home and take care of their five year old son.

As Kenda was reviewing the missing persons report for Diane Pelkey, he noticed one of the officers put JDLR (Just Doesn’t Look Right) on the bottom of the report. This is usually done when an officer feels something isn’t right or the person making the report was suspicious. Kenda spoke with the officer who took the report. They both decided the missing persons report was suspicious because Michael didn’t say anything about their child, Diane’s pregnancy, or that they got in an argument that same night. Kenda explained that usually if someone thinks something happen to a loved one, they won’t leave him alone. Kenda ran Michael Pelkey’s name through the data base and found there was a history of domestic violence, restraining orders in the past, and the couple had filed for a divorce. Kenda believed Michael Pelkey may have killed his wife but he wasn’t sure he had the authority to pursue the case.

Diane Pelkey’s remains were found in El Paso County, Colorado so the case may be out of Kenda’s jurisdiction. He pressed the sheriff’s office to put the squeeze on Michael Pelkey. They brought him into the sheriff’s department and started questioning him. They presented all the evidence they had to Pelkey and he became overwhelmed. Michael broke during the interrogation and admitted to killing his wife on October 8, 1993. He claimed they were in the car and he wanted to do some fishing. They started arguing; he accused her of being unfaithful, she accused him of being unfaithful. He said she wanted out of the vehicle to get some space from him and that didn’t sit well with him. Michael claims he snapped and started strangling Diane. Michael tried to claim that it was an accident. Kenda thought this was not an accident because it takes two to three minutes to strangle someone to death.

Michael Pelkey then told detectives he panicked after strangling Diane and decided to drive to a rural area in the Rocky Mountain foothills to dispose of her body. He put a seatbelt on her and drove as if she was simply a passenger in his car. He drove to a ravine near the highway and left her in an area where he didn’t think anyone would find her. Afterwards, he filed a missing persons report and took out an ad in the local paper to deflect suspicion from himself. Michael Pelkey probably thought he would get away with murdering her wife. But his plan unraveled and he was arrested for murder. The District Attorney allowed the Fort Carson Army leadership to court martial him despite the fact that the crime occurred in El Paso County. Michael Pelkey was convicted of second degree murder and sentenced to life. He is serving his sentence at Fort Leavenworth, a military penitentiary in Kansas.

You are held to a higher standard in the United States military. You will not behave in this way and if you do, you will be one sorry son of a bitch. Sgt. Pelkey found that out the hard way. -Lt. Joe Kenda

Source: The Line Goes Dead, Homicide Hunter, Investigation Discovery

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:
Obituary: Diane Lee Armendariz Pelkey
Military Convicts Do Time But Also Draw Paychecks
United States v. Michael Pelkey, US Army (1997)
The Line Goes Dead | Homicide Hunter | Investigation Discovery (S6,E13)
The Line Goes Dead | Homicide Hunter | Investigation Discovery (website)
The Line Goes Dead | Homicide Hunter | Investigation Discovery (Amazon)
The Line Goes Dead | Homicide Hunter | Investigation Discovery (Hulu)
Homicide Hunter Premiered ‘The Line Goes Dead’ on ID: Army Spouse Diane Pelkey Reported Missing in Colorado, Found Dead (November 30, 2016)
Violent Crime, Suicide & Non Combat Death at Fort Carson, Colorado (US Army)
What the DoD Doesn’t Want You to Know: 50 Shocking Military Homicides in the Last 30 Years (March 23, 2018)
30 Domestic Abuse Cases in the Military That Ended in the Murder of Female Partners
Homicide Hunter: 20 Active Duty Military and Veteran Murder Cases Featured on Investigation Discovery