district attorney who convicted tim hennis 1986

by Kaleb Wolff MD 5 min read

How many times did Tim Hennis try for murder?

Story highlights. Soldier Tim Hennis convicted in 1986 and 2010 of murdering a mother and her two girls. Author: Hennis only American "tried for his life three times after guilty and not guilty verdicts". The weird triple murder case calls into question the rules regarding double jeopardy.

What court did the Hennis case go to?

Hennis’ lawyers appealed his case to North Carolina’s Supreme Court, where judges ruled that the graphic police photos had wrongly influenced jurors to render a guilty verdict. The ruling allowed Hennis a rare second chance to prove his case in a retrial.

What was missing from Gary Eastburn's home?

Gary Eastburn told police several items were missing from his home including an envelope of cash, an ATM card and the Eastburn account password. Police said the ATM card was used to withdraw $150 twice over two days. Prosecutors said Hennis was behind on his rent -- which was about $300. He paid his rent the Monday after the killings, prosecutors said. A woman who used the ATM shortly after the Eastburns' card was used told investigators she saw a man nearby matching Hennis' description.

How much did Tim Hennis pay for his rent?

Prosecutors said Hennis was behind on his rent -- which was about $300. He paid his rent the Monday after the killings, prosecutors said. A woman who used the ATM shortly after the Eastburns' card was used told investigators she saw a man nearby matching Hennis' description. Photos: Death Row Stories: Tim Hennis.

Who was the man who saw the Eastburns?

A police artist drew a sketch based on Cone’s description. Prosecutors said the sketch resembled Hennis. Police put Hennis in a line up, and prosecutors said Cone identified Hennis as the man he saw.

Who was the witness in the Hennis retrial?

During the retrial, defense attorneys revealed a surprise witness, John Raupaugh. Raupaugh "lived down the street from the Eastburns," said Whisnant. "He was an uneasy sleeper and had a habit of walking the neighborhood at 3 in the morning. He often wore a beanie hat and had a black Members Only jacket." Raupaugh's testimony, defense attorneys said, gave jurors the reasonable doubt they needed to acquit Hennis in 1989. Hennis was freed. He chose to re-enlist in the Army, where he continued his military career.

Is Timothy Hennis a murder mystery?

Courtroom experts call it a one-of-kind murder mystery that some people believe has yet to be completely solved. The remarkable story of Timothy Hennis and the stabbing deaths of a mother and two small girls is full of shocking legal twists and turns.

Why couldn't the state try Hennis?

Prosecutors, however, found a little-known loophole: The state couldn't try Hennis, but because he'd been a soldier, the U.S. Army could. The reason is as old as the nation itself: The federal government is a sovereign authority separate from the individual states that make up the country.

What amendment prevented Hennis from being retried?

Only one thing stood in the way: the U.S. Constitution. Double jeopardy, prohibited by the Fifth Amendment , meant Hennis could not be retried by the state for a crime for which he had been acquitted.

What car did Hennis drive?

The case against Hennis in the two previous trials relied largely on eyewitness testimony. One neighbor said she'd seen a white Chevy Chevette, the same car that Hennis drove, parked near the Eastburns' home, and another neighbor said he'd noticed a man, later identified as Hennis, leaving the crime scene at about 3 a.m., soon after the murders were believed to have taken place. Someone else said she'd seen someone she later identified as Hennis using an ATM card that detectives had traced back to the Eastburns.

How long did it take to get the man responsible for the slayings to justice?

It would take 25 years to bring the man responsible for the grisly slayings to justice -- but not for a lack of trying. In a nightmarish odyssey through the legal system, Timothy Hennis, a master sergeant in the U.S. Army, was convicted of the crime in 1986, and spent more than two years on death row awaiting execution, ...

Who adopted the dog from the Eastburns?

Hennis had adopted the Eastburns' dog in early May 1985. Prosecutors claimed that Hennis had learned that Kathryn Eastburn's husband, Gary, who was in the Air Force, was away. They alleged Hennis returned to the house a few days later, tied up and raped Kathryn and murdered her and her daughters.

Can eyewitness testimony be problematic?

But eyewitness testimony can be problematic, and in the earlier trials as well as at the court martial, Hennis' defense attorneys raised questions about the witnesses who had identified him.

What is the Hennis ruling?

The North Carolina Supreme Court's 1988 Hennis ruling is still invoked by defense attorneys as a means of limiting the presentation of photographs that are redundant or that could unduly influence jurors.

What did Timothy Hennis do in the military?

Following his acquittal, Timothy Hennis re-enlisted into the United States Army and was promoted to the rank of staff sergeant. He saw service in Iraq during Operation Desert Storm and Somalia. Hennis received several awards and accolades for his service. In 1998, Hennis and his family, who were now joined by their six-year old son Andrew, moved to Fort Lewis, Washington. Hennis became the scout master of Andrew's scouting troop, leading them on hiking expeditions. In 2004, Hennis retired from the US Army with the rank of master sergeant and found work at a waste treatment plant.

What evidence did Spinner's defense team find at the crime scene?

In addition, they suggested that the crime scene evidence at the former Eastburn family home in Fayetteville had been contaminated.

What car did the Eastburn murderer drive?

According to Cone, the man drove away in a white Chevrolet Chevette. Based on Cone's account, investigators believed that the Eastburn murders had occurred between 8pm on May 9 and 3am on May 10. Cone's description of the suspect was passed onto local media.

How did detectives get semen from Katie's body?

After conversing with the journalist Scott Whisnant, who had covered the Eastburn murder trials, Trotter learned that detectives had extracted semen from Katie's body using a vaginal swab. Since DNA testing was still in its infancy in the 1980s, investigators had been unable to test the sample.

Who was the US Army Sergeant who rehoused the Eastburn family?

On May 7, 1985, 27-year old US Army Sergeant Timothy Hennis responded to the ad, visiting the Eastburn family home. At the time, Hennis's young family owned a spitz. After chatting with Katie, Hennis took home Dixie.

Who was the murderer of the Eastburn family?

Eastburn family murders. The Eastburn family murders were the murders of Kathryn "Katie" Eastburn and her daughters, Kara and Erin, which occurred in Fayetteville, North Carolina in May 1985. In 1986, United States Army Sergeant Timothy Hennis was tried and convicted for the three murders.

What happened to Timothy Hennis?

Timothy Hennis first trial ended in a conviction and he was sentenced to death

What court did the Hennis case go to?

Hennis’ lawyers appealed his case to North Carolina’s Supreme Court, where judges ruled that the graphic police photos had wrongly influenced jurors to render a guilty verdict. The ruling allowed Hennis a rare second chance to prove his case in a retrial.

How many trials did Timothy Hennis have?

During the course of 21 years, Timothy Hennis underwent three trials for the same crimes in three courtrooms. The case puts constitutional questions about double jeopardy squarely under the spotlight. It all began in Fayetteville, North Carolina, in 1985.

What was missing from Gary Eastburn's home?

Gary Eastburn told police several items were missing from his home, including an envelope of cash, an ATM card and the Eastburn account password. Police said the ATM card was used to withdraw $150 twice over two days.

Who was the man that he saw in the sketch?

Police put Hennis in a line up, and prosecutors said Cone identified Hennis as the man he saw. Police arrested Timothy Hennis and in 1986, prosecutors put him on trial. They said his motive was sex.

Who was the man who saw the Eastburns?

A police artist drew a sketch based on Cone’s description. Prosecutors said the sketch resembled Hennis. Police put Hennis in a line up, and prosecutors said Cone identified Hennis as the man he saw.

Who was the witness who was walking in the neighborhood at the time of the Eastburns?

A new defense witness who looked similar to Hennis testified he was walking in the neighborhood at the time of the killings. The witness, John Raupaugh, “lived down the street from the Eastburns,” Whisnant told “Death Row Stories.” “He was an uneasy sleeper and had a habit of walking the neighborhood at 3 in the morning.

What was Tim Hennis' case?

One such story is Tim Hennis’ case. The story was sensational back in the ‘90s sparking a Tim Hennis’ documentary. Aside from real-time coverage of the trial, there was a Tim Hennis’ movie called Innocent Victims. Tim Hennis was accused of killing Katie Eastburn and her two daughters in 1985. Keep reading for more details about Hennis’ case, right ...

Who was the detective who raped Kathryn Easburn?

In 2006, the case was picked up again by a homicide detective named Larry Trotter, who believed that the advancements in technology would better find out who raped Kathryn Easburn. He retrieved the sperm samples that were kept in a crime lab, and had them tested for DNA.

What was the name of the man that Cone saw?

After Cone positively named Hennis as the man he saw, Hennis was charged with three counts of first-degree murder and one count of rape. When the amount was withdrawn from the ATM, a witness, Lucille Cook said that she saw a guy who matched Hennis ’ description use the ATM at the same time Eastburn’s card was used.

What was the man wearing in the Eastburn sketch?

According to Cone, who also described the man he saw to a sketch artist, the man was wearing a Members Only jacket and drove a white Chevette . When Hennis went to the police station to tell them that he had responded to the Eastburn’s ad, the officer he spoke to immediately recognized him from the sketch, and questioned him.

Who killed Katie Eastburn?

Tim Hennis was accused of killing Katie Eastburn and her two daughters in 1985. Keep reading for more details about Hennis’ case, right here.

Did Hennis' lawyers prove he was innocent?

His lawyers claimed that none of the hair fibers found at the crime scene matched Hennis’. In fact, they produced several pieces of evidences that proved Hennis’ innocence. Therefore, Hennis was acquitted of all charges and he was able to resume his military career, which he retired from in 2004. Advertisement.

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