Federal judge: Hennis court-martial can proceed

RALEIGH, N.C. — A federal judge has rejected a motion to halt the court-martial of a retired soldier forced back into the Army to face charges in triple slaying that occurred a quarter-century ago in Fayetteville.

Lawyers for Master Sgt. Timothy Hennis argued last month that the military does not have the power to charge him in the killings. U.S. District Judge Terrence Boyle ruled Tuesday that it would be inappropriate to decide that issue with a court-martial in progress.

Boyle dismissed the motion, allowing the case to continue through the military judicial system.

The 51-year-old Hennis is charged with premeditated murder in the May 1985 stabbing deaths of Kathryn Eastburn and two of her daughters in their Summerhill Road home in Fayetteville.

Hennis was convicted of the crimes in 1986, but the state Supreme Court threw out the conviction, saying prosecutors had improperly used graphic crime scene photos. During a second trial in 1989, Hennis was acquitted.

Investigators found DNA evidence several years ago that they say link Hennis to the slayings, but he couldn't be tried again in state court because of double jeopardy. So the Army recalled him to active duty in late 2006 so he could be tried in military court.

Opening statements are scheduled for Wednesday. The trial could last up to two months.

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COPs eye - "Fruits of the forbidden tree concept." The concept deals with illegally obtainned evidence.

seankelly15
March 17, 2010 11:22 a.m.

Even though I am a liberal, I side with the military on this one. This is assuming that the DNA was not planted and that it really connects him to him the victims. We can't mistrust eveybody who trying to put murderers away.

Prancy
March 17, 2010 10:55 a.m.

He was on retainer pay and one condition of taking retainer pay is that the guvment can call you back at their pleasure.

kb4exl
March 17, 2010 10:48 a.m.

Also, before anyone says that the feds should never charge anyone who is found not guilty by the state. If it wasn't for the feds, the men who killed the civil rights workers in 62 would never have been punished because a Miss. court found them not guilty. Sometimes, the feds need to step in so justice can be delivered...RaceCard Balker

That is undeniably correct! In this case I would question the Army's ability to bring him back to active duty for a trial, but since they are going through with it the question remains....if he is found guilty and then it is ruled the Army wasnt allowed to bring him back are the findings kicked out or not. Fruits of the forbidden tree concept.

COPs eye
March 17, 2010 9:50 a.m.

Sounds like double jeopardy to me. He has already been tried and acquitted by a court of law. How can he be tried again for the same crime? Doesn't the 5th amendment to the US Constitution specifically forbid this? onepilot61

Two different charges, one federal, one state. So not double jeopardy. If the state tried to charge again after aquital it would be. And I know...thats not fair...well really not fair what happened to those innocent girls.

Also, before anyone says that the feds should never charge anyone who is found not guilty by the state. If it wasn't for the feds, the men who killed the civil rights workers in 62 would never have been punished because a Miss. court found them not guilty. Sometimes, the feds need to step in so justice can be delivered.

AnotherIgnoredComment
March 17, 2010 8:17 a.m.