Tony Harris pieces together the 1990 case of three prostitutes killed in Spokane, Washington, and discovers a pattern of murders connected by twenty-two caliber bullets, a killing spree that shocked a city and a suspect with a stunning new identity. -Scene of the Crime with Tony Harris (2018)
12 Terrifying Facts about Robert Lee Yates – The Most Deranged Killer
Melissa speaks with the daughters of Robert Lee Yates Jr, who murdered at least 13 people in Washington State. (2015)
Robert Lee Yates Jr’s family members share their memories of the serial killer. (2015)
Spokane Serial Killer Robert Yates will be learning Thursday whether or not his death penalty conviction for the murders of two women near Tacoma will be overturned by the Washington State Supreme Court. KXLY4’s Jeff Humphrey reports. (2007)
In a majority opinion the Washington State Supreme Court has rejected an appeal from Spokane Serial Killer Robert Yates and upheld his death sentence for the murders of two women in Pierce County in the late 1990s. (2007)
Attorneys for convicted Spokane Serial Killer Robert Yates have filed their application for a stay of his execution which is scheduled for later this month. (2008)
Spokane Serial Killer Robert Yates has been transferred from death row in Walla Walla to Pierce County where he will be in court Friday as Judge John McCarthy signs his death warrant. KXLY4’s Jeff Humphrey reports. (2008)
Kathy Lloyd feared that Robert Yates would live longer than her. He killed her sister, Shawn McLenahan. Now a Tacoma judge will sign Yates’ death warrant, and Lloyd is hoping Yates will die soon. KXLY4’s Sally Showman reports. (2008)
Back in the mid 1990’s when Robert Yates was stalking Spokane prostitutes another serial killer was making regular visits to the city. A new book reveals the “Happy Face Killer” often traveled to Spokane where the long haul trucker would spend time with his children. KXLY4’s Jeff Humphrey reports. (2010)
Spokane Serial Killer Robert Yates is claiming he had ineffective legal counsel in his latest appeal of his death sentence for the killings of two women in Pierce County in the late 1990s. KXLY4’s Melissa Luck reports. (2013)
On August 26, 1997, the half-naked body of prostitute Heather Hernandez, 20 was found in an empty lot in Spokane Washington. The same day, the decomposed corpse of prostitute Jennifer Joseph, 16, was discovered in an alfalfa field. Both women had been shot in the head. The day after Christmas, four more women were found with plastic bags tied over their heads, the gruesome signature of a killer who had sexually violated each one of them, after they had died. Police had only one good lead, a driver in a white Corvette who picked up prostitutes on the street. When the killer is finally arrested he turns out to be a devoted husband, a father of five, a National Guard helicopter pilot and a Desert Storm veteran. Not since the Green River Killer had the Pacific Northwest been so terrorized by so savage a serial killer. Robert Lee Yates Jr. is charged for 13 murders. Edgar Award-Winning Author Burl Barer discusses BODY COUNT: The Terrifying True Story of the Spokane Serial Killer. (2013)
Costa Mesa, California is beautiful place to live, but it comes at a cost. The murder of a young girl and the disappearance of a former Army solider leads investigators down a dark path into the mind of an unassuming killer. -Unusual Suspects: Deadly Intent, Investigation Discovery
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.
Sam Herr’s father Steve Herr found Julie Kibuishi’s lifeless body sprawled across his son’s bed. -ABC News
The Herr family believes Sam Herr, who had $62,000 saved from combat pay, may have been a victim himself. -ABC News
Daniel Wozniak, 31, stands accused of killing his neighbor and another woman while performing in a play in 2010. -ABC News
Daniel Patrick Wozniak was formally sentenced to death on Friday for using a firearm to murder his neighbor for financial gain and also murdering the victim’s friend in an effort to derail the investigation by framing the first victim. Michele Gile reports. -CBS Los Angeles
Mystery in Apartment 410 | 20/20 ABC
After several hours of interrogation, Daniel Wozniak reveals the motive and details behind Sam Herr and Julie Kibuishi’s murders. -48 Hours, Killer Performance
At trial, Orange County Senior Deputy District Attorney Matt Murphy urges jurors to impose death for Daniel Wozniak. Here are the reasons why he feels no other punishment is just. -48 Hours, Killer Performance
48 Hours” correspondent Tracy Smith on meeting Steve Herr, whose Army veteran son, Sam, disappeared in May 2010. As the search unravels a murder scene in Sam’s bedroom, his father hunts for answers — and the truth. -48 Hours, Killer Performance
Julie Kibuishi’s mother, June, and close friend, Katie Bitonio, share what they loved about the young dancer. Julie’s personality is captured as she performs and in a video she made with friends. -48 Hours, Killer Performance
Kara Kessener and Deborah Kennedy met Daniel Wozniak in a local theater production of “Nine.” They talk about his behavior the weekend of the murders. -48 Hours, Killer Performance
Daniel Wozniak was sentenced to death after this documentary was filmed on January 12th 2016.
In 1985, a young military officer’s wife and two of her three little girls were viciously murdered in their Fayetteville, North Carolina home. Kathryn Eastburn was also raped. The crime occurred six miles from the location of where Jeffrey MacDonald was accused of killing his wife and two children on the base at Fort Bragg. Army sergeant Timothy Hennis became a suspect from the beginning because a day or so earlier, he bought the Eastburn’s family dog. In a background check, they found that he had 3 convictions for writing bad checks and a witness identified him as the same person leaving the Eastburn home during the time in question. Eventually he was charged and found guilty of the murders of Kathryn, Cara, and Erin Eastburn; he was sentenced to death by the civilian authorities in North Carolina. But he appealed, was granted a new trial and at his second death penalty trial, he was found not guilty.
After his acquittal, he joined the Army again for two more tours, worked his way up to E-8, and retired as a MSG from Fort Lewis, Washington. Twenty years later, DNA evidence from a vaginal swab taken from Kathryn Eastburn linked Hennis to the crimes. Civilian prosecutors could not charge Hennis due to double jeopardy; but the US military did claiming they have federal jurisdiction because Hennis is a retiree. As a result, he was ordered back into service due to his retirement status. Hennis tried to claim consensual sex which contradicted original testimony. In 2010, a military jury found him guilty of three counts of murder and he was sentenced to death again. Hennis sits on death row at Fort Leavenworth with three other service members: Ronald Gray, Hasan Akbar, and Nidal Hasan.
In 1985, a young military wife and two of her three little girls are viciously murdered in their home. In a twisted case filled with unusual suspects, the man who gets convicted goes free. But nothing is what it seems. -Discovery ID
3 People on Death Row Who May Be Innocent | Criminally Listed
A man tried three times for his life but is he a killer? Find out! Death Row Stories.
While on death row, Tim Hennis received an anonymous letter confessing to the murders. The note didn’t produce any leads. -Death Row Stories
The star witness in Tim Hennis’ trial had doubts about whether Hennis committed the murders. -Death Row Stories
Timothy Hennis Double Jeopardy | Death Row Stories | CNN
Brianna Denison, 19, was abducted by former Marine James Biela in Reno, Nevada on January 20th, 2008. She was subsequently found raped and murdered. According to Joe Biela, James Biela once wore the uniform of a Marine but was kicked out of the service. James Biela was convicted of raping and strangling Brianna and sentenced to death in 2010. Brianna’s family fought for ‘Brianna’s Law’ in Nevada and it passed:
The bill mandates a DNA cheek-swab whenever a person is booked for a felony arrest. If the arrest is deemed legitimate, the DNA would be cross-referenced with DNA from other crime scenes to see if the arrestee was involved. The proposal is named after Brianna Denison who was raped and murdered by James Biela in Reno in 2008. Proponents believe such a law may have saved Denison because Biela had a prior felony arrest. –Fox 5 Vegas
When a young college student is abducted from a friend’s home in the middle of the night, the city of Reno lives in fear of who might be next. Dogged investigation leads detectives to a serial rapist who’s just escalated to murder. -Unusual Suspects
Marine veteran Jonathan Blackwell of Reidsville, North Carolina went missing on October 7, 2004. Eight days later Jonathan’s car was found burned out in the countryside of North Carolina but no signs of Jonathan’s remains were discovered in the fiery wreckage. Jonathan Blackwell was a US Marine Corps veteran who served proudly in the first Gulf War and since his honorable discharge worked at a Goodyear Plant just across the North Carolina state line in Virginia. Early in the investigation police learned that Jonathan’s new girlfriend Viola was also dating her ex Stacey Webster. According to Viola, neither man was aware of the other and Viola pointed to Jonathan’s ex-girlfriend Patsy who also had a 10 month old child with Blackwell. Police ruled both women out and other leads were also dead ends so the missing persons case went cold for two years.
In December 2006, Walter Daldron was arrested and told police that he had information about the Jonathan Blackwell missing persons case. He told investigators that Jonathan’s body was located off Highway 29 and buried in a shallow grave under some old tires. Police located the body and an autopsy confirmed that the body was that of Jonathan Blackwell. Jonathan had evidence of blunt force trauma to the back of the head and his skull was cracked. Daldron also knew who did it. Daldron admitted that his best friend Stacey Webster murdered Jonathan Blackwell. It turns out that Jonathan was a victim of a love triangle with his new girlfriend Viola and her ex Stacey Webster, but he didn’t know it. Stacey knew about Jonathan because he stalked Viola and Jonathan for months until finally his obsession, jealousy and rage reached a boiling point. If he couldn’t have Viola, no one could have her. Webster initially denied committing the murder but after faced with the eye witness testimony from his best friend and the discovery of Jonathan’s body, he went silent.
On December 15, 2006, Stacey Webster was arrested for the first degree murder of Jonathan Blackwell. Investigators learned that Webster confronted Jonathan at his home. When Jonathan turned his back to Webster to go into his home and call police, Webster hit Jonathan in the back of the head with a rock and knocked him out. Webster then hit Jonathan’s head multiple times with a rock until he was dead. He put Jonathan’s body in his vehicle, cleaned up the crime scene, and then contacted his cousin to help him hide the body. Webster took Jonathan’s body to the countryside of North Carolina off Highway 29 and covered Jonathan’s body with lyme before he buried him in a shallow grave in an attempt to hide evidence but inadvertently helped preserve Jonathan’s body instead. On September 24, 2010, Stacey Webster was arraigned for Jonathan Blackwell’s murder. Webster accepted a plea deal and plead guilty to second degree murder. Stacey Webster was sentenced to 16 1/2 years in prison. Stacey was an unusual suspect because he was a successful business man with no criminal history. Webster showed no remorse for his crimes.
In 2004, a former marine goes missing from his North Carolina home. Investigators sift through a mountain of tips and small-town rumors before a surprise witness comes forward who may hold the key to the mysterious disappearance. -Discovery ID
Navy Petty Officer Elise Makdessi worked as an Air Traffic Controller at Naval Air Station Oceana in Virginia. Elise was married to Eddie Makdessi for five years and they lived off base in Virginia Beach. Elise unknowingly helped plan, organize, and carry out her own murder and it is unclear if she was a willing participant in the original plot with Eddie to scam the government out of money or if she was controlled by Eddie. Eddie Makdessi murdered Elise Makdessi and Navy Petty Officer Quincy Brown on May 14, 1996 as part of an elaborate scam. The whole thing was a set up. Elise thought she was part of an arrangement where she would invite Quincy Brown to the house, have sex with him, then accuse him of rape. She also manufactured evidence to make it look like she was documenting sexual abuse in an effort to sue the Navy and make millions. She had journals and created what looked like a rehearsed video outlining what four Navy men, including Quincy Brown, did to her on the job.
Five years earlier in 1991 the Navy Tailhook scandal in Nevada made national headlines. Navy Lieutenant Paula Coughlin was one of the alleged victims who went public with her story. Two years before Elise and Quincy were murdered, Paula Coughlin won 1.7 million after suing the Las Vegas Hilton hotel where the Tailhook Association convention was held. Eddie must have convinced Elise that they too could make millions if they alleged that Elise was sexually assaulted on the job. What they didn’t realize is that you can’t sue the Navy; Coughlin won a lawsuit against the Hilton hotel. The Feres Doctrine prevents any soldier or their family from suing the Department of Defense for compensatory damages. Investigators believe that knowledge of this information gave Eddie and Elise Makdessi the motive to come up with the false accusation scheme to sue the Navy. Eddie was a scammer and always looking for new ways to make quick money. Elise didn’t know she was double crossed until Eddie was plunging the knife. A month before the murders, Eddie purchased $700,000 worth of life insurance on Elise.
Eddie and Elise Makdessi invited Petty Officer Quincy Brown over to the house under the guise of having a threesome. DNA evidence revealed that Elise and Quincy Brown had sex. Investigators would learn that Eddie shot Quincy first, then stabbed Elise. He hurt himself to make it appear that Quincy invaded the house, knocked him out, raped and killed Elise, and then he awoke from unconsciousness and shot the intruder. Eddie staged the crime scene and he almost got away with it. But investigators figured out this was a ‘set up’ based on the crime scene evidence, interviews with Elise’s co-workers, the video tape, and the large insurance policy. They were also savvy enough to recognize that this was a copycat case. Elise’s sexual harassment and sexual assault claims were in fact fabricated. All the men she accused of sex crimes in the video passed a polygraph examination and her supervisors testified that Elise never reported sexual harassment or sexual assault like she claimed in her video testimony. Unfortunately Quincy Brown was the pawn they used in their game and he never got the chance to see that the allegations were proven false.
Eddie was indicted in 2001. But by the time investigators were ready to arrest Eddie Makdessi for the murder of Elise Makdessi and Quincy Brown, Eddie had fled the country. They eventually caught up with him in Russia. Unfortunately, Russia did not have an extradition treaty with the United States so police could not force Eddie to come back to the states. Mike Mather, an investigative reporter, went to Russia to interview Makdessi and learned that he was remarried with a child yet things weren’t going so well for Eddie financially in Russia. After that interview, Eddie decided to leave his wife and child in Russia and go back to America to face the charges. He was going to prove his innocence and clear his name. He was sure he would beat the charges. It would be ten years after he committed the first degree murders of Elise and Quincy Brown before he went to trial. In 2006, Eddie Makdessi was convicted of two counts of murder, sentenced to life in prison, and ordered to pay a $202,500 fine. The motive was the life insurance money. He used the $700,000 payout to travel the world before settling in Russia. Eddie continues to deny committing the crimes.
Elise Makdessi’s sister, Dawn Crosby, asked the jury to “show Eddie Makdessi that my sister’s life was worth more than $700,000.” -The Virginia-Pilot
When a Naval Officer is apparently raped and stabbed by a coworker, a mysterious VHS tape suggests the victim may have been silenced to prevent a scandal. Dogged investigation and cutting edge forensic science reveals a shocking murder plot. -Discovery ID
On the evening of Sunday, March 20, 1994, Charlotte “Amy” Gellert was attacked by an intruder outside her residence in Cocoa Beach. She died as a result of her injuries. The intruder was described as a white male, early twenties, 5’07″ – 5’10″ tall, weighing between 165 to 185 pounds. Any persons providing information in reference to this case may be eligible for a reward up to $5,000.00. –Brevard County Sheriff’s Office
In the more than 20 years since the murder of a 21-year-old woman outside her home in Cocoa Beach, Florida, there have been a number of men investigated in connection with the case — but the crime remains unsolved. Members of the Brevard County Sheriff’s Office share details with “48 Hours”‘ Erin Moriarty.
Navy spouse Dina Kichler was beat, raped and murdered by civilian John Brewer in Mayport, Florida on December 3, 1990. Brewer targeted Dina Kichler months before by befriending her and offering to help her out while her husband was away. The night after her husband Pat Kichler shipped out for six months with the US Navy on the USS Forestall, John Brewer made his move. He stopped by Dina’s residence uninvited and because she knew him she opened the door. John immediately hit her in the face and dragged her upstairs to her bedroom where he beat, raped, and strangled her to death. Her co-workers called the police because they were concerned when she didn’t show up for work and they couldn’t get ahold of her. It would be a few years and significant advancements in forensic technology before authorities could prove that John Brewer committed the rape and murder of Dina Kichler.
John Brewer was considered a suspect in the murder of Dina Kichler but the prosecutor lacked evidence beyond a reasonable doubt to prove that Brewer committed the crime. In the meantime, detectives attended a national conference where they discussed unsolved cases with other investigators. After the Florida detectives discussed the Dina Kichler case, New Hampshire detectives recognized the modus operandi of the killer. The methodology of the death was identical to that of Michelle Lafond who was raped and murdered in 1987. Florida police combed through the New Hampshire case file for Michelle LaFond and discovered that John Brewer applied for a job with Michelle’s husband. Meanwhile, the police collected DNA evidence from both Dina and Michelle and it would be around this time that the DNA evidence could be compared to known suspects. John Brewer’s DNA sample was entered into a FBI national database in Quantico, Virginia and the sample was a match to Dina Kichler in Florida and Michelle Lafond in New Hampshire.
Florida prosecutors were able to prove their case beyond a reasonable doubt and John Brewer plead guilty to the rape and first degree murder of Dina Kichler in June 1999 to avoid the death penalty. He also plead guilty to the rape and murder of Michelle Lafond in New Hampshire. John Brewer was given two life sentences.
In December of 1990, young Navy wife and mother Dina Kichler is found brutalized and strangled in her Mayport, Florida apartment. Investigators work through a list of the victim’s admirers before closing in on the killer. -Discovery ID
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.
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. -Investigation Discovery
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.
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
