Court Martial Lawyer – Defense seeks court-martial delay for DNA evidence
By ESTES THOMPSON – Associated Press Writer
FORT BRAGG, N.C. — Defense attorneys asked a military judge Friday to delay a court martial so they can have DNA evidence tested in the case of an Army sergeant facing his third trial in a 1985 triple homicide.
The evidence is central to the government’s case against Master Sgt. Timothy B. Hennis, who was reactivated from retirement and brought back to Fort Bragg to be tried in a 1985 triple murder. Hennis is charged with three counts of premeditated murder and faces a possible death sentence if convicted.
Prosecutors contend a DNA swab connects Hennis to the 1985 slaying of Kathryn Eastburn, 31, and her two daughters, 3-year-old Erin and 5-year-old Kara, at their home in Fayetteville. A 22-month-old girl was left unharmed in her crib. Investigators also believe Eastburn was raped.
Defense lawyer Frank Spinner asked the court authorize funds to pay an expert to do the test. He said the government had provided experts in the past, but cut off funding recently. Spinner said there is no evidence to connect Hennis to the crimes, and an examination of vacuumed debris, water samples and fingerprints may support that contention.
Prosecutor Maj. Tony Kim argued that the defense is “looking for the phantom killer” and has no justification for help beyond what it has received.
“The government is not obligated to fund a fishing expedition,” Kim said.
The judge, Col. Patrick Parrish, said he would rule later after each side filed written arguments. He also set another motions hearing for June 9.
Parrish asked each side when they thought the trial, originally scheduled for July, could start. Kim said early October and Spinner said January.
The judge also was asked to decide whether the criminal history of the government’s main witness could be explored by the defense during the trial to discredit him. The witness, Patrick Cone, who told authorities he saw someone who looked like Hennis leaving the Eastburn home.
Prosecutor Capt. Matt Scott asked that Cone’s convictions not be mentioned because they all were misdemeanors and none involved dishonesty. Parrish said he would rule later on that request as well.
Defense attorney Maj. Kris Poppe said Cone’s identification of Hennis wasn’t certain.
Hennis was convicted in state court and sentenced to death, but acquitted in a new trial ordered by an appeals court. Civilian authorities brought the case to the military after they said DNA linked Hennis to the case.
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.
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