Timothy Hennis In the Dock Again

In his first trial, he was convicted and sentenced to death.

On retrial, he walked - becoming a talking point for those who oppose the death penalty.

Now the Army Times is reporting that Timothy B. Hennis is going to be tried again for the brutal Eastburn murders two decades ago, in which a woman and her two very young girls were horribly killed at Fort Bragg. MacDonald redux, if you will.

This time, say military prosecutors, they'll nail Hennis with DNA evidence, and he may pay the ultimate price after all. Meanwhile at least one anti-death penalty resource site has removed his name.

Reports the Army Times:

Officials from the sheriff’s office declined to speak to Army Times, saying the Army had requested that they not discuss the case publicly until after Hennis’ trial. His court-martial is scheduled for June 2. ...

According to information released by the prosecutors during a hearing in May, new DNA evidence linking Hennis to the crime allegedly was obtained during an autopsy of one of the victims.

There is a book on the case, which was written by journalist Scott Whisnant. It's Innocent Victims.

Hennis can be retried despite the Double Jeopardy clause because of overlapping military and civilian jurisdiction - again echoing the bizarrely similar MacDonald case.

There is already a question about the chain of custody for this forensic evidence, and I'm curious as to why the DNA results have not been made fully public; but those questions will be answered soon enough, and it looks like a few webmasters may be reconfiguring things.

For more:

Crime and Consequences on the Hennis Case

Accusations Again Pursue Suspect in 1985 Killings, Despite Acquittal - From the Seattle Times

The Case of the Eastburn Murders

Comments

WITH THE COURTS THE WAY THEY ARE IN NC IS IS INPOSSIBLE TO FIND THE GUILTY FROM THE INNOCENT. THE PROSECUTORS OFFICE AND
THERE WAY OF THINKING JUST GET THE CONVICTION AND THE HILL WITH THE TRUTH HAS GOT TO STOP. THEY DO NOT CARE WHO IS INNOCENT AND WHOM IS GUILTY. THEY WILL WITH HOLD EVEIDENCE AND PUT THE INNOCENT IN JAIL JUST SO THEY GET THE CONVICTION.THEY PLAY TO MUCH I WANT TO BE THE NEXT ATTORNEY GENERAL,WAY TO MUCH I THOUGHT THE IDEA WAS TO FIND THE TRUTH NOT PLANT OR HIDE THE TRUTH. THE COURT SYSTEM MAKE THE OFFICER OUT TO BE A ANGEL WHEN THEY KNOW NO MATTER HOW MUCH THEY LIE THE JUDGE HAS TO BELIVE THEM.

[Margene Morrison]

I am wondering if Timothy Hennis was ever considered a possible suspect in the Mintz case. Jaye Mintz (full name Beverly Jaye Potter Mintz) age 23, mother of 2 sons in Leland, NC (Brunswick County) was found brutally murdered by her mother. Her 2 year old son was in the home at the time of the attack. Construction was going on across the street. Her hands had been tied behind her back and her throat was cut. She had been stabbed 8 times. It was reported that she had put an ad in the newspaper trying to sell a waterbed. She had given her mother's phone number, but told her mother she already sold it. This was in 1987, just 2 years after the Eastburn murders. Mrs. Mintz's mother has since passed away and the rest of the family is hoping for some answers and justice for Jaye. I lost my elderly aunt in a home invasian in Charlotte, so I am particularly concerned with seeing justice in this case. The newspaper article was supposed to have been found with her body, but I am wondering did she have one of her own and was it located? I can find very little that has been written about this case. This young lady was a pretty brunette, which makes me also wonder about a Washington, DC link to a serial killer there, Chandra Levy being among several possible victims. Keeping an open mind and gathering thoughts...

[Anonymous]

Timothy Hennis could not be a suspect in the Mintz case, he was sitting on death row in 1987. Makes me wonder if the two cases could be linked, making Mr. Hennis innocent.

[Anonymous]

Also Tim Hennis had recieved a post card in prison along with the prosecution office with certian intials that was basically coded in the post cards, and the police looked into and said his allibye checked out that he had fallen off his motorcycle but didnt give any type of samples to them when everyone else did. now it was reported that there was skin under Katies nails it could have been the person who fell off his motorcycle cause he had told his girlfriend at the time it was some African Americans who was trying to steal it. Technically they was NOT killed at Fort Bragg or even or Fort Bragg property it happend on Yatkin road which Fort Bragg does not own. Also the new DNA evidence thats being brought up against Tim Hennis could be thrown out because if it was discovered back in 1985 and is just now being brought up it could have been tampered with. This is a cold open case and they are just trying to pen it to somebody and that person is Tim Hennis instead of trying to find the true killer(s).

[terri lyn]

Well, recently I watched the movie Innocent Victims and I was shocked that he is being retried again.
I'm wondering if they tested all the physical evidence they had for DNA.
teri

[terri lyn]

Okay I just located a website that says they are ordering more test.

[Sherrill Hayes]

They didn't quite have the ability to do DNA testing at the time of the original trials. And if the evidence wasn't compelling, the US Army wouldn't be spending the time, money, and manpower to reopen the case.

[MikeH]

You watched the movie and can not understand why he is being retried. WOW, that's an amazing statement. Lord knows the movie was actually like watching it in real life. Get a grip. Whether he is retried and rightly found guilty or not, he will burn in hell where he belongs. Hopefully the DNA will prove his guilt and the last two real victims, the husband and surviving daughter will get some rest from all of this.
I hope you Rot in hell Tim.
Mike H

[Anon]

Wow Mike you seem awfully angry. You say watching the movie was like watching it in real life--I'm wondering how you know that. You tell someone who watched the movie and doesn't understand how Tim can be retried to get a grip; I think maybe you could get a grip. Those of us who know Tim are VERY aware of the fact that he could have NEVER done something like this and if you knew him you would know that too.

[brenda lane]

I do not believe in coincidences. The Eastburn;s babysitter was corresponding and had actually talked by phone with Dr Jeffrey MacDonald in the weeks prior to the murders. And he was waiting for an appeal to be decided..an appeal that might look good with another murder of a young woman and kids occuring nearby. She was involved with drug dealers and some hints that they had met at the Eastburns for deals. And after his appeal was turned down, he told the sitter no more communication. Paul Strombaugh, who was instrumental in convicting McDonald, was helping defense attys in Hennis case and had same reaction as myself regarding the McDonald 'coincidence'. Also, don't forget Raupach, the look alike. I think the detectives do their zeroing in on one suspect and will go thru hell to convict, Didn't the OJ case show us that cops will plant evidence? I would think evidence too degraded after so many yrs, and who's to say the cops aren't framing him with his own samples, or contaminated one piece of evidence with another in errpr...and he WAS in the house.
When I read the book, I was torn, but would never believe the eyewitness, who was a habitual drunk. The lack of physical evidence..wouldn't he leave SOMETHING? and the lack of blood on his jacket convinced me. That with the bank machines times. It would have to be IRREFUTABLE evidence for me to vote to convict.

[laura]

I would really like to know the details about the DNA evidence, which may be highly persuasive.... but they have not released the details. Where exactly was the DNA found? What type of fluid? Is it DNA from blood, saliva, or what....?

I don't think degradation would be a concern unless for some reason the evidence was not properly stored. Normally it is just stored at room temperature in a paper bag. It's been done that way for generations now. If they stored the evidence in plastic bags, that might cause some degradation of the evidence, but that's why plastic isn't used. There are now thousands of cases involving decades-old DNA evidence. The DNA evidence cannot be discounted solely on the basis of its age.

[Stanley Sandler]

Ms. Lane informs us that the OJ case shows that cops will (no "can" but "will") plant evidence. What in hell is she talking about? There is NO evidence that the glove, etc were planted. And WHY would the LAPD plant evidence against OJ? They LOVED him! Every time Mrs. Simpson would call the police to rescue her from OJ's spousal abuse, they would high-five with OJ and mildly tell him to lay off the old lady. So why would these jock-sniffers want to incriminate OJ? Because he was a Black man married to a White woman? C'mon. (Or as his defenders astutely believe, "He's guilty, but he was framed.")

Stanley Sandler

[Anonymous]

laura,

There is question about the integrity of the DNA. When Mr. Hennis went through his Article 31 hearing a couple of years ago it was reported that several of the "bags" containing evidence were ripped open. They were repackaged, with no documentation, before being sent to the lab for testing. It was also reported that the person who tested the evidence did not test for material make-up so there is no way to tell if some of the saliva Mr. Hennis willing gave came into contact with the rape slides when the packages were ripped.

[laura]

Anon: Phew.... if that's the case, it sounds like a potentially very serious chain of custody issue.

One can only hope that, in a case such as this, with the stakes so high not only for the defendant but for the victims' family, the DNA evidence is definite and trustworthy, one way or another.

Other recent cases involving DNA have made me very cynical. If more testing is needed to clear up potentially serious doubts, I certainly hope they do it before trial.

[Anonymous]

laura,

Mr. Hennis's attorney's are currently fighting to be allowed to test the evidence themselves; so far they have only been granted a few items to test--they want all of them and I believe they should get them. It would definately be better to be safe than sorry. There are some serious custody issues regarding the DNA in this case; it doesn't help that the prosecutors have always believed no one besides Mr. Hennis could have done this and they said so when they reactivated him which really makes one question why proper procedures haven't been followed.

[BobH]

As an update, Wikipedia says that Hennis was re-convicted in a court-martial in April 2010 and sentenced to death.

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