Court Martial Lawyer - Judge delays Hennis triple-murder trial
By Drew Brooks – Staff writer
The court martial of Master Sgt. Timothy B. Hennis has been delayed until September after a military judge granted a continuance.
Military Judge Col. Patrick Parrish set the new trial date on Sept. 14. It had been scheduled for July 7.
Parrish approved a motion by Hennis’ lawyers to direct the government to pay for two experts to aide in the defense’s case.
Dr. Edward Blake and Peter Barnett will consult with the defense on DNA evidence, hair, fiber and fingerprint evidence.
The government will deliver six items of evidence to Blake and Barnett for testing and analysis, according to Parrish’s ruling.
A request for 33 other pieces of evidence has been denied, but Parrish said he would reconsider if the defense is able to show how further inspection and possible testing would help their case.
The government had previously approved the defense team’s use of the experts but later balked at what it called unnecessary expenses.
At a pretrial hearing on Friday, a lawyer for Hennis said the evidence may point to someone else as the killer.
Prosecutors argued that the defense wanted the government to fund a “fishing expedition” for “phantom killers.”
Hennis, 51, is accused of killing Kathryn Eastburn and two of her daughters at their home at 367 Summer Hill Road on May 9, 1985.
This is his third trial, but it is his first in a military court.
Hennis was originally convicted of killing the Eastburns in 1986 and was acquitted at a second trial in 1989.
He resumed his Army career and retired in 2004. The military pulled Hennis out of retirement in 2006 and charged him again after civilian investigators reported that DNA testing of semen found in Mrs. Eastburn’s body linked Hennis to the crime.
In a separate ruling, Parrish denied a motion by Hennis’ lawyers to suppress information that the killing of Kathryn Eastburn occurred during a rape.
Parrish said he would allow that information to be used as an aggravating factor in the trial.
If convicted, Hennis could face the death penalty.
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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