ALL ALONG GUILTY: TIMOTHY B. HENNIS [PRECIOUS MEMORY OF KATIE EASTBURN AND HER TWO DAUGHTERS (DIED ON MAY 7, 1985)]

            Timothy B. Hennis used to be in The Death Penalty Information Center list of the 140 people being exonerated from Death Row, but he has since been taken off the list as DNA Testing has begun to prove his guilt. That is why I always warn people that letting the guilty keep their lives are also miscarriages of Justice. I would like two post several internet sources about him. Please go to the ‘Victims’ Families For The Death Penalty’ blog to learn more about this killer. 

Timothy B. Hennis

INTERNET SOURCE: http://www.deathpenaltyinfo.org/innocence-cases-1984-1993

Timothy Hennis North Carolina Conviction: 1986, Acquitted: 1989 (see update below)
Hennis, a Staff Sergeant in the U.S. Army was convicted of three counts of murder and sentenced to death. The testimony of the primary witnesses against him were later described by the State Supreme Court as "tenuous" and "extremely tentative." Hennis was granted a retrial because of the inappropriate use of inflammatory evidence by the prosecution. At the retrial, Hennis was acquitted when the defense discredited the witnesses and demonstrated that a neighbor who resembled Hennis could have been the murderer. (State v. Hennis, 372 S.E.2d 523 (N.C. 1988)

UPDATE: In April 2010, Hennis was tried in military court of the same crime and found guilty, with the prosecution relying on DNA evidence. Because of this conviction, Hennis is no longer included among the list of exonerations.

INTERNET SOURCE: http://deathpenaltyinfo.org/former-death-row-inmate-acquitted-one-court-now-convicted-another

Former Death Row Inmate Acquitted in One Court, Now Convicted in Another

Master Sgt. Timothy Hennis was convicted in 1986 of murdering three people in North Carolina.  He was tried in state court.  However, his conviction was overturned because of weak evidence and improper statements by the prosecution.  He was re-tried, and the jury voted unanimously for his acquittal in 1989.  The evidence from the crime scene was preserved and, when DNA testing became available, a re-evaluation of the evidence pointed to the possibility that Hennis was indeed guilty of the murders.  Although the constitutional protection against double jeopardy prevented his being re-tried in North Carolina's court, military courts have separate jurisdiction and can try cases under military laws, allowing a retrial even after an acquittal in state court.  Hennis, who had left the service, was recalled to active duty in the military and then recently tried for the third time for the triple murder--of a woman and two children.  A military jury convicted Hennis of murder on April 8.  The prosecution is seeking the death penalty, and a sentencing hearing will begin soon.  Hennis was previously included on DPIC's list of exonerated individuals.

(See J. Schwartz, "In 3rd Trial, Conviction in Murders From 1985," N.Y. Times, April 8, 2010).  See Innocence.  Timothy Hennis was previously listed on DPIC's list of death row inmates who had been exonerated of their offense.  With this conviction, Hennis's legal status has now returned to guilty.  Some questions and answers about DPIC's list are included below:

Q.1. If Hennis was acquitted at one trial and then convicted at a later trial, is he actually innocent or guilty?

A. Hennis is guilty under military law and faces punishment.  It is impossible to know exactly what happened at the time of the crime twenty-five years ago.  The legal system can make mistakes in determining guilt and in acquitting an individual.  But unless his most recent conviction is overturned, he is considered guilty of the murders he was originally charged with.

Q.2. What are the criteria for a case to be included on DPIC's list of exonerated individuals?

Defendants must have been convicted, sentenced to death and subsequently either-a) their conviction was overturned AND

i) they were acquitted at re-trial, or

ii) all charges were dropped

b) or they were given an absolute pardon by the governor based on new evidence of innocence.

Q.3. So, was it a mistake to include Hennis on DPIC's list of exonerated individuals?

A. No.  DPIC's list is not the result of subjective judgments regarding the guilt or innocence of individuals.  Rather, DPIC depends on the objective determination of our criminal justice system to make that determination.  If a person has been found guilty and that conviction still stands, then that individual would not be included on DPIC's innocence list, regardless of strong evidence indicating he did not commit the crime.  Similarly, if an individual's conviction is overturned, and he or she is either acquitted at a retrial or the prosecution drops all charges, then that person would be included on the list, even though the prosecution continues to believe in their guilt.

Q.4. Could there be other individuals on DPIC's list who may be found guilty at a later time?

A. Yes, it is possible, though this is the first case in almost 20 years that such a subsequent conviction has happened.  Any form of research is subject to change as new evidence becomes available.  The implications from that research, however, are not necessarily changed.  The fact that the number of exonerations from death row has temporarily dropped from 139 to 138 does little to alter the conclusion that mistakes are made in death penalty cases and that innocent people could be executed by mistake.

It should also be noted that there are thousands of cases of people who were sentenced to death and who still could be exonerated based on subsequent evidence.  It seems far more likely there will be more exonerations in coming years than that there will be unusual re-convictions like that of Timothy Hennis.  Even this case underscores the reality that the criminal justice system is not infallible--either in determining guilt or in exonerating.  Hence the imposition of an irreversible punishment like the death penalty carries a heavy risk.

INTERNET SOURCE: http://www.crimeandconsequences.com/crimblog/2010/03/no-habeas-for-hennis.html

No habeas for Hennis

March 17, 2010 9:18 AM | Posted by Kent Scheidegger | 0 Comments

Timothy Hennis is, as of this morning, still on the DPIC's notorious "innocence list." He was convicted of rape and three counts of premeditated murder in North Carolina in 1986. Following reversal on appeal, he was acquitted on retrial in 1989. That means only that the jury did not find the evidence available at the time of retrial was sufficient to meet the high burden of proof beyond a reasonable doubt. It does not mean Hennis has been shown to be actually innocent, as the DPIC list is so often wrongly cited.

At the time of the crime, Hennis was in the Army. The victims were the wife and children of an Air Force officer who was away on temporary duty.  A service member's worst nightmare is that something terrible will happen to your family while you are "TDY." After the retrial, Hennis resumed his military career and retired as a master sergeant.

Time and forensic technology move forward. In 2006, a cold case review matched Hennis's DNA to the semen from the rape. The Army recalled him to active duty to face court-martial charges.  Under the dual sovereignty doctrine, the North Carolina acquittal does not preclude charges by the United States, a different sovereign.

However, Hennis claimed a "break in service" precluded a court-martial for conduct occurring during an earlier term of service. The military court system rejected his attempt to stop the trial on that ground. Hennis then petitioned the federal district court for a writ of habeas corpus.

While the civilian courts have jurisdiction to hear such challenges, that jurisdiction is sparingly exercised. Schelsinger v. Councilman, 420 U.S. 738 (1975) sets out a principle of restraint analogous to the exhaustion rule governing federal habeas petitions by state-court defendants. Yesterday, Judge Terrence Boyle denied the petition under Councilman. AP has this story.