Knowledge (XXG)

Eastburn family murders

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call on May 9 discussing how Dixie was settling into the Hennis household. According to Hennis, he had driven his wife and daughter to his in-laws on the night of May 9, returning home after refueling his car. In addition, Hennis also provided investigators with blood, saliva, and hair samples and finger and palm prints. Due to his close resemblance to the composite sketch, investigators identified Hennis as the prime suspect from the onset. Cone identified Hennis during a
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Richardson presented two new defense witnesses: a newspaper delivery woman who claimed that she saw a long-haired man driving a light-colored van on the morning of May 11 and a local teenager from the Eastburns' neighborhood named John Raupaugh who was jogging near the Eastburns' family home on the night of the murder. Raupaugh resembled Hennis and also wore similar attire that night.
408:, arguing that the numerous graphic crime scene videos that the prosecution had shown the jury had unduly influenced them against his client. The judges ruled by a margin of five to two in Hennis' favor, granting him a retrial. According to Beaver, this marked the first time a prisoner on death row in North Carolina had been granted a new trial. 480:. In June 2006, a forensic test determined that the sample was 1.2 quadrillion times more likely to come from Hennis. Trotter shared the results with Edward Grannis, the Cumberland County district attorney, and Robert Bittle, who had participated in the 1985 investigation. Bittle then contacted Eastburn. 546:
Spinner's defense team argued that the footprints, blood, and hair samples found at the crime scene did not match Hennis or the victims. In addition, they suggested that the crime scene evidence at the former Eastburn family home in Fayetteville had been contaminated. In response to the DNA evidence,
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On May 11, Katie did not respond to her husband Gary's routine phone call. On May 12, a concerned neighbor named Bob Seefeldt and a police officer visited the home, where they discovered the remains of Katie, Kara, and Erin. Katie had been stripped to the waist, raped, and stabbed 15 times. Semen was
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Following media coverage of the Eastburn killings, Hennis visited the local police station on May 15, where he submitted to interrogation by Watts and Bittle. When questioned, Hennis acknowledged that he had picked up the Eastburns' dog on May 7 but had no other contact with Katie apart from a phone
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In December 2017, the U.S. Court of Appeals for the Armed Forces ruled that it was unable to force the United States Government to provide additional financial support to Hennis' request for the services of a lawyer with experience in capital cases, a mitigation specialist, and a fact investigator.
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In September 2013, Hennis filed a second challenge at the Army Court of Criminal Appeals against the Army's jurisdiction to try him. This petition was denied in October 2013. In November 2013, Hennis appealed for the Army Court to reconsider its decision, suggesting that the petition be reviewed by
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In October 2019, Hennis' lawyers filed an appeal at the U.S. Court of Appeals for the Armed Forces, challenging the Army's jurisdiction to try Hennis citing constitutional double jeopardy prohibitions. In late February 2020, the Court of Appeals for the Armed Forces affirmed the U.S. Army Court of
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During the retrial held in April 1989, Beaver and Richardson represented Hennis while the prosecution consisted of Calvin Colyer and John Dickson, who had replaced VanStory. The defense challenged the prosecution's witnesses and evidence, focusing on star witness Cone's criminal offenses following
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Hennis's alibi that he had returned home on the night of May 9 after dropping his family at the in-laws was challenged when his former girlfriend Nancy Maeser told investigators that he had made an impromptu visit to her home. Investigators also focused on the fact that Hennis had brought a black
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In addition to Cone, Watts and Bittle utilized other witnesses and evidence. Investigators determined that Katie's stolen ATM card had been used twice, on the night of May 10 and the morning of May 11, with the two transactions amounting to a total of US$ 300. Investigators sought to link this to
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In January 2011, Hennis' attorneys called for Hennis to be given a new trial because a North Carolina State Bureau of Investigation lab worker named Brenda Bissette Dew, who testified at Hennis' first trial, but not the third trial, was under investigation for writing misleading reports in other
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In May 2005, Captain Larry Trotter of the Cumberland County Sheriff's Office attended a detectives' seminar on advanced criminal-intelligence techniques, which discussed the Eastburn murders as a case study. After conversing with the journalist Scott Whisnant, who had covered the Eastburn murder
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In addition, Beaver and Richardson presented footprints, blood, and hair samples that did not match Hennis or the victims. The defense also presented Hennis' "Members Only" jacket, which had been tested to prove there were no bloodstains. Hennis also took the witness stand during the retrial.
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In January 2012, the Fourth Circuit Court of Appeals affirmed the U.S. District Court's 2009 decision to dismiss Hennis' petition and deferred discussion of jurisdiction until Hennis' military appeals had been exhausted. In addition, the Acting Commander of Fort Bragg approved Hennis' murder
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During the trial, VanStory and his team put forth the theory that Hennis had taken advantage of his wife Angela's absence to initiate a romantic relationship with the married Katie Eastburn. Katie had rebuffed his offer, leading Hennis to kill her and her two older children. In addition, the
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Beaver and Richardson also challenged the prosecution's female witness, who had sighted Hennis near the ATM on the morning of May 11, pointing out that she had initially told the investigators that she did not see Hennis but changed her story on the eve of the trial. In addition, Beaver and
229:. He had met Kathryn "Katie" Eastburn during the 1970s, with the couple marrying in 1975. Gary and Katie subsequently had three children: Kara, Erin, and Jana (aged 5 years, 3 years, and 22 months, respectively, at the time of the murders). In 1983, the Air Force sent Gary and his family to 568:
cases. Prosecutor Jody Young questioned the defense attorneys' motives because they had argued that Hennis had consensual intercourse with the victim, Kathryn, before her murder. Judge Colonel Parrish denied the defense's request to obtain documents from the investigation into the SBI lab.
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Hennis' court-martial at Fort Bragg began on March 17, 2010, and lasted for three weeks. For the court-martial, Hennis enlisted the services of military lawyer Frank Spinner and two uniformed lawyers. The prosecution was represented by Army Captains Matt Scott and Nathan Huff. Colonel
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ordered that Hennis be court-martialed on three counts of premeditated murder. In December 2007, Hennis appealed this decision because the Army lacked jurisdiction, but this petition was denied on April 2008. In May 2008, Hennis appealed against the court martial decision at the
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in 1988, taking up a liaison role with the Royal Air Force. Gary subsequently met and married an English nurse in 1991, who became Jana's stepmother. After retiring from the US Air Force, he worked overseas for several years before returning to the States, settling down in
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presided over the court martial proceedings while a jury panel of 14 military officers and non-commissioned personnel was convened. During the trial, the prosecution focused on the DNA evidence, with the prior eyewitness accounts as corroborating evidence.
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On April 15, 2010, the jury panel recommended that Hennis be sentenced to death. In addition, he was demoted to the grade of Private E-1, stripped of all pay and allowances, and dishonorably discharged from the U.S. Army. Hennis was incarcerated at the
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test of the walls and master bathroom indicated that somebody had tried unsuccessfully to clean up the crime scene. After returning to Fayetteville, Gary Eastburn helped Bittle and Watts identify missing items, including an envelope of cash, Katie's
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Hennis being late on his monthly rent payment and his prior convictions for writing bad checks. In addition, a female witness who visited the ATM shortly after the second transaction on May 11 had witnessed a blond man matching Hennis' description.
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prosecution drew upon Cone and the female's eyewitness accounts and the transactions resulting from Katie's stolen ATM card. For added psychological effect, the prosecution presented several graphic crime scene photographs to the jury.
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Following ten hours of deliberation, the jury found Hennis guilty of three counts of first degree murder and one count of first degree rape. On July 8, he was subsequently sentenced to death. Hennis was transferred to death row at the
372:. William VanStory led the prosecution. Before the trial, the prosecution offered Hennis a plea bargain: two counts of second-degree murder, with a likely penalty of two consecutive life sentences. Hennis turned down the plea bargain. 412:
the first trial. They also attacked Cone's testimony that the weather on the night of the murder was fair. By contrast, a meteorologist and helicopter pilot called by the defense testified that the weather had been overcast.
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on October 26, 2011. Hennis' attorney Eric Allen argued that the U.S. military's jurisdiction over Hennis had expired at the time of the 2010 court martial, thus voiding the verdict. Citing the 1949 Supreme Court decision
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also found inside her body. Kara had been stabbed repeatedly in the chest, while Erin had been bludgeoned in the chest and back. The youngest child, Jana, survived the attack, but was dehydrated and suffering from
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On the first night of the investigation, a janitor named Patrick Cone approached Bittle and Watts, telling them that he had witnessed a tall white man dressed in jeans, a knit cap, and a black "
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In February 2014, Hennis filed a second appeal at the U.S. Court of Appeals for the Armed Forces, claiming that the U.S. Army lacked the jurisdiction to try him for the Eastburn murders.
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Spinner suggested that Hennis had consensual sex with Katie before her murder. Following three hours of deliberation, the jury unanimously found Hennis guilty on April 3, 2010.
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In September 2011, Hennis appealed his second conviction, claiming that the U.S. Army did not have the jurisdiction to try him for the murders. Hennis' appeal was heard at the
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Defense attorneys still invoke the North Carolina Supreme Court's 1988 Hennis ruling to limit the presentation of redundant photographs that could unduly influence jurors.
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Timothy Hennis was tried and convicted for the three murders. In 1988, Hennis's conviction was overturned on appeal, and he was acquitted the following year. In 2006, the
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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
360:"Members Only" jacket to the dry cleaner on May 10 and his neighbors' eyewitness accounts alleging that Hennis had burned items within a barrel on the morning of May 11. 484: 185: 452:, Washington. Hennis became the scoutmaster of Andrew's scouting troop, leading them on hiking expeditions. In 2004, Hennis retired from the U.S. Army with the rank of 1499: 92: 983: 1208: 942: 392:"Dear Mr. Hennis, I did the crime, I murdered the Eastburns. Sorry you're doin the time. I'll be safely out of North Carolina when you read this. Thanks, Mr. X." 1504: 1300: 523: 473: 337: 1514: 1408: 1474: 938: 1056: 855: 332:" jacket exiting the Eastburns' driveway carrying a garbage bag in the early morning hours of May 10. According to Cone, the man drove away in a white 1519: 1343: 912: 811: 1376: 517:
On September 26, 2006, Hennis was recalled to military duty and returned to Fort Bragg the following month. In August 2007, the Commander of the
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prohibiting retrials after acquittals, the United States Army was able to initiate prosecution and trial proceedings against Hennis under the
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in 1980. Hennis later married. He and his wife, Angela, had a daughter in 1985. Around May 1985, Hennis worked as a parachute rigger at
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Hennis's first trial occurred in Cumberland County in the summer of 1986. He was represented by Fayetteville lawyers Gerald Beaver and
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permits military personnel tried in a civilian court to be court-martialed. At the request of the Cumberland County Sheriff's Office,
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Sheriff's Office were in charge of the homicide investigation. While combing the house, investigators found fingerprints and hair. A
1529: 1509: 313: 181: 500: 1130: 233:, where he served as air traffic control chief. In May 1985, Eastburn was undergoing training at a squadron's officer school in 1469: 1161: 697: 1489: 1305: 638: 934: 405: 329: 214: 166: 396:
The anonymous letter was postmarked on July 8 (the date of the sentencing) and was also sent to the Sheriff's office.
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Since the Eastburn family was planning to relocate to England so that Eastburn could take up a liaison job with the
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Following his acquittal, Timothy Hennis re-enlisted in the United States Army and was promoted to the rank of
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with the United States Supreme Court. The United States Supreme Court denied the writ on January 11, 2021.
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allows a defendant tried and acquitted in a state court to be retried at a federal court. In addition, the
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trials, Trotter learned that detectives had extracted semen from Katie's body using a vaginal swab. Since
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Timothy Hennis responded to the ad, visiting the Eastburn family home. Hennis's young family owned a
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Following a three-week trial and two days of deliberation, the jury acquitted him of all charges.
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were the murders of Kathryn "Katie" Eastburn and her daughters, Kara and Erin, which occurred in
1431: 1107: 662: 637:, which was published in 1993. The book sold 175,000 copies and was later adapted into a 1996 404:
In 1988, Hennis' defense lawyer Gerald Beaver successfully appealed Hennis' conviction at the
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Gary Eastburn relocated with his surviving daughter Jana to a U.S. Air Force base north of
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Criminal Appeals' verdict rejecting Hennis' appeal against the court martial proceedings.
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testing was still in its infancy in the 1980s, investigators could not test the sample.
1301:"Soldier on death row will ask the military's highest court to overturn his conviction" 806: 654: 441: 381: 281: 218: 170: 139: 1463: 992: 658: 507: 349: 257: 127: 650: 646: 63: 1432:"Courthouse blog: CNN to air Fayetteville episode of "Death Row Stories" tonight" 184:
Sherriff's Office obtained DNA evidence linking Hennis to the crime. Despite the
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released an episode covering Eastburn family murders and trials of Hennis.
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journalist Scott Whisnant wrote a book looking at the Hennis trials called
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all of the court's judges instead of a panel. This appeal was also denied.
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airs at 8 p.m. Sunday and Monday on ABC, Rochester cable channels 5 and 6"
1026:"Survivor of Triple Murder Grapples With Guilt: 'Why Didn't He Kill Me?'" 903: 301: 289: 177: 856:"Triple murder suspect goes from guilty to innocent and back to guilty" 532:
United States District Court for the Eastern District of North Carolina
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Following Hennis' second retrial and acquittal in April 1989, the
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during the 1970s. Hennis worked in Rochester until he joined the
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at the time. After chatting with Katie, Hennis took home Dixie.
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On September 4, 2020, Attorneys for Hennis filed a writ for
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rejected Hennis' appeal to have the court review his case.
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while the lawyers Beaver and Richardson were portrayed by
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The Eastburn family was a military family that lived in
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Paparella, Andrew; Gomstyn, Alice (September 1, 2011).
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Dixie, posting an advertisement in the local newspaper
1131:"At 3rd Trial, Sergeant Guilty of 1985 Triple Murder" 1092: 1090: 1088: 1086: 1084: 1082: 573:
United States Court of Appeals for the Fourth Circuit
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in 1976. His father, Robert Hennis, was a manager at
196:. In 2010, Hennis was tried and convicted by an Army 1231:"Former Fort Bragg soldier again appeals conviction" 1195:"NC soldier: SBI lab problems should mean new trial" 978: 976: 974: 972: 970: 968: 966: 964: 962: 960: 584:
convictions and the death penalty. In May 2012, the
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United States Court of Appeals for the Armed Forces
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United States Court of Appeals for the Armed Forces
145: 133: 123: 115: 103: 98: 88: 73: 59: 30: 23: 1162:"For 2nd Time, Man Sentenced to Death for Murders" 280:, Katie made arrangements to rehouse the family's 472:Trotter had the semen on the swab tested at the 390: 312:Detectives Robert Bittle and Jack Watts of the 200:for the triple murders and sentenced to death. 1019: 1017: 1015: 899:"25 years later, widower recalls slain family" 1525:United States Double Jeopardy Clause case law 8: 524:United States Army Court of Criminal Appeals 474:North Carolina State Bureau of Investigation 338:North Carolina State Bureau of Investigation 456:and found work at a waste treatment plant. 1061:Claremont Journal of Law and Public Policy 939:North Carolina Department of Public Safety 352:, leading to Hennis' arrest that evening. 20: 491:prohibits retrials after acquittals, the 1160:Paparella, Andrew (September 17, 2010). 578:United States ex rel. Hirshberg v. Cooke 288:. On May 7, 1985, 27-year-old U.S. Army 1500:History of Fayetteville, North Carolina 935:"Offender Information Timothy B Hennis" 800:Schmidle, Nicholas (November 7, 2011). 685: 534:, but this was rejected in March 2010. 1444:from the original on November 19, 2020 1430:Woolverton, Paul (September 7, 2014). 1349:from the original on November 19, 2020 1313:from the original on September 5, 2020 1299:Montgomery, Nancy (October 21, 2019). 1247:from the original on February 4, 2014 1141:from the original on November 8, 2020 1055:Braford, Kelsey (February 10, 2020). 814:from the original on November 8, 2020 7: 1505:May 1985 events in the United States 1411:from the original on October 1, 2020 1067:from the original on August 14, 2020 1036:from the original on August 12, 2020 248:(born February 24, 1958) grew up in 1129:Paparella, Andrew (April 9, 2010). 1024:Dooley, Sean (September 16, 2010). 945:from the original on March 26, 2021 564:in Kansas, where he remains today. 558:United States Disciplinary Barracks 150:United States Disciplinary Barracks 1515:Murder trials in the United States 1266:Brooks, Drew (December 11, 2017). 1207:. January 25, 2011. Archived from 1106:. February 3, 2014. Archived from 586:Supreme Court of the United States 14: 1475:1985 murders in the United States 1379:from the original on July 9, 2021 1172:from the original on May 14, 2020 1000:from the original on May 12, 2020 915:from the original on June 3, 2020 854:Patterson, Thom (July 18, 2014). 708:from the original on May 30, 2020 16:1985 murders in the United States 1520:Rape trials in the United States 501:Uniform Code of Military Justice 444:. He saw service in Iraq during 1399:"Death Row Stories: Tim Hennis" 551:Second imprisonment and appeals 645:. Tim Hennis was portrayed by 1: 1485:21st-century American trials 1480:20th-century American trials 510:, the commanding officer at 460:New evidence and third trial 406:North Carolina Supreme Court 364:First trial and imprisonment 1546: 616:Legacy and popular culture 493:United States Constitution 1437:The Fayetteville Observer 1369:"Hennis v. United States" 1273:The Fayetteville Observer 1103:The Fayetteville Observer 1098:"Timothy Hennis Timeline" 802:"Three Trials for Murder" 672:crime documentary series 497:dual sovereignty doctrine 194:dual sovereignty doctrine 155: 69: 1530:Trials in North Carolina 1510:Murder in North Carolina 173:, in May 1985. In 1986, 1200:Charleston Gazette-Mail 668:In September 2014, the 476:'s crime laboratory in 400:Appeal and second trial 386:Raleigh, North Carolina 227:United States Air Force 163:Eastburn family murders 1470:1985 in North Carolina 489:Double Jeopardy Clause 446:Operation Desert Storm 394: 221:. Gary Eastburn was a 190:Double Jeopardy Clause 252:, and graduated from 1490:Capital murder cases 1375:. January 11, 2021. 1280:on December 12, 2017 1243:. February 4, 2014. 1236:The Washington Times 1110:on November 19, 2020 996:. January 17, 1996. 519:XVIII Airborne Corps 250:Rochester, Minnesota 246:Timothy Baily Hennis 107:Kathryn Eastburn, 31 52:Rochester, Minnesota 35:Timothy Baily Hennis 235:Montgomery, Alabama 231:Pope Air Force Base 82:Premeditated murder 911:. April 25, 2010. 641:miniseries called 505:Lieutenant General 334:Chevrolet Chevette 286:Beeline Grab Bragg 262:United States Army 175:United States Army 146:Imprisoned at 1407:. July 18, 2014. 1306:Stars and Stripes 868:on April 12, 2020 674:Death Row Stories 314:Cumberland County 182:Cumberland County 159: 158: 45:February 24, 1958 1537: 1454: 1453: 1451: 1449: 1427: 1421: 1420: 1418: 1416: 1395: 1389: 1388: 1386: 1384: 1365: 1359: 1358: 1356: 1354: 1348: 1337: 1333:"U.S. v. Hennis" 1329: 1323: 1322: 1320: 1318: 1296: 1290: 1289: 1287: 1285: 1276:. 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Index

Rochester, Minnesota
Incarcerated
Conviction(s)
Premeditated murder
Death
United States
North Carolina
United States Disciplinary Barracks
Fayetteville
North Carolina
United States Army
Sergeant
Cumberland County
Fifth Amendment
Double Jeopardy Clause
dual sovereignty doctrine
court-martial
Fayetteville
North Carolina
Captain
United States Air Force
Pope Air Force Base
Montgomery, Alabama
Rochester, Minnesota
Mayo High School
IBM Rochester
United States Army
Fort Bragg
Royal Air Force
English Setter

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