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>>> On this episode of "death row stories" a triple murder of

row stories" a triple murder of unmanageable brutality.

Unmanageable brutality. >> This is the one case that

>> this is the one case that truly screams out for the death

truly screams out for the death penalty.

Penalty. >> A soldier who can't convince

>> a soldier who can't convince his own lawyer until the

his own lawyer until the prosecution's case falls apart.

Prosecution's case falls apart. >> The state's primary witness

>> the state's primary witness said, I feel like I'm sending an

said, I feel like I'm sending an innocent man to prison.

Innocent man to prison. >> And a shocking twist makes

>> and a shocking twist makes legal history.

Legal history. >> Take a deep seat.

>> Take a deep seat. They've got something to tell

they've got something to tell you.

You. >> There's a body in the water.

>> There's a body in the water. >> He was butchered and

>> he was butchered and murdered.

Murdered. Many people proclaim their

many people proclaim their innocence.

Innocence. >> In this case there are a

>> in this case there are a number of things that stink.

Number of things that stink. >> This man is remorseless.

>> This man is remorseless. >> He needs to pay for it with

>> he needs to pay for it with his life.

His life. >> The electric chair flashed in

>> the electric chair flashed in front of my eyes.

Front of my eyes. >> Get a conviction at all

>> get a conviction at all costs.

Costs. Let the truth fall where it may.

Let the truth fall where it may. >> Mother's day 1985, it was a

>> mother's day 1985, it was a beautiful morning in Faye

beautiful morning in Faye fayettev

fayettev fayetteville, north Carolina.

Fayetteville, north Carolina. >> The dogwoods are blooming.

>> The dogwoods are blooming. Rolling hills.

Rolling hills. Neighbors know each other.

Neighbors know each other. Of course, they're all military

of course, they're all military families.

Families. It's within a mile of the ft.

It's within a mile of the ft. Bragg base itself.

Bragg base itself. >> But on summer hill road

>> but on summer hill road something seemed amiss at the

something seemed amiss at the home of the eastburn family.

Home of the eastburn family. >> Neighbor noticed that the

>> neighbor noticed that the newspapers in their driveway

newspapers in their driveway were piling up.

Were piling up. He knew that her husband was out

he knew that her husband was out of town, so that naturally

of town, so that naturally raises curiosity.

Raises curiosity. He went and peeped in the window

he went and peeped in the window and heard the baby crying.

And heard the baby crying. And then he called the

and then he called the authorities.

Authorities. >> I received a call from the

>> I received a call from the dispatch of homicide on summer

dispatch of homicide on summer hill road.

Hill road. When I got there there was one

when I got there there was one deputy who had been in the

deputy who had been in the building.

Building. He was kind of holding his hat

he was kind of holding his hat down and shaking his head.

Down and shaking his head. He said, I don't understand

he said, I don't understand this.

This. >> The baby was taken to safety,

>> the baby was taken to safety, and detective biddle and his

and detective biddle and his partner entered the house.

Partner entered the house. >> As we went down the hallway

>> as we went down the hallway on the bedroom on the left-hand

on the bedroom on the left-hand side the first daughter was in

side the first daughter was in there and she was in the first

there and she was in the first grade.

Grade. She was still in bed, and she

she was still in bed, and she had a "star wars" blanket pulled

had a "star wars" blanket pulled up around her neck.

Up around her neck. And she was stabbed ten times.

And she was stabbed ten times. You could see the stab wounds

you could see the stab wounds through the blanket.

Through the blanket. We went further to the master

we went further to the master bedroom.

Bedroom. The youngest child was laying

the youngest child was laying there.

There. She was on her back.

She was on her back. Her throat had been cut, almost

her throat had been cut, almost decapitated.

Decapitated. And on the right-hand side

and on the right-hand side facing the bed was the mother.

Facing the bed was the mother. The bra was up around her neck.

The bra was up around her neck. Her panties had been cut off

her panties had been cut off her.

Her. She had 14 stab wounds.

She had 14 stab wounds. >> The victims were Katie

>> the victims were Katie eastburn, age 32, Kara, age 5,

eastburn, age 32, Kara, age 5, and Erin, age 3.

And Erin, age 3. >> For so long after that

>> for so long after that homicide I could close my eyes

homicide I could close my eyes at night and I could see those

at night and I could see those children.

Children. >> Katie eastburn's husband Gary

>> Katie eastburn's husband Gary was an air force captain.

Was an air force captain. He rushed back from training in

he rushed back from training in Alabama.

Alabama. >> It's hard to explain.

>> It's hard to explain. The world stops.

The world stops. >> You look in his eyes, there

>> you look in his eyes, there was a void there.

Was a void there. Tears your heart out.

Tears your heart out. But you have to gather yourself

but you have to gather yourself because you have a job to do.

Because you have a job to do. We're going to find out who did

we're going to find out who did this.

This. >> There was evidence all over

>> there was evidence all over that house.

That house. They found a head hair in Mrs.

They found a head hair in Mrs. eastburn's bed, head hair on

eastburn's bed, head hair on Kara's chest, pubic hair at the

Kara's chest, pubic hair at the scene of the rape, food prints,

scene of the rape, food prints, semen sample.

Semen sample. They were certain that physical

they were certain that physical evidence would lead to whoever

evidence would lead to whoever killed this family.

Killed this family. >> After walking through the

>> after walking through the house, Gary eastburn also

house, Gary eastburn also provided a tantalizing --

provided a tantalizing -- >> they were going to move to

>> they were going to move to england when captain eastburn

england when captain eastburn got done training in Alabama.

Got done training in Alabama. The family decided to sell their

the family decided to sell their dog.

Dog. So they put an ad out in their

so they put an ad out in their local ft. Bragg beat and Katie

local ft. Bragg beat and Katie eastburn wrote a letter saying a

eastburn wrote a letter saying a nice man came out Tuesday night

nice man came out Tuesday night and got the dog.

And got the dog. >> We had no idea who it was but

>> we had no idea who it was but anybody we knew were in the

anybody we knew were in the house we wanted to talk to.

House we wanted to talk to. >> Outside the crime scene

>> outside the crime scene someone approached investigators

someone approached investigators with critical information from

with critical information from the night of the murders.

The night of the murders. >> There was a young black male

>> there was a young black male named Patrick koem.

Named Patrick koem. He had been at his girlfriend's

he had been at his girlfriend's house Thursday night about 2:00

house Thursday night about 2:00 in the morning.

In the morning. He saw a big white dude walking

he saw a big white dude walking down the driveway.

Down the driveway. He had blond hair, about 6'2",

he had blond hair, about 6'2", 6'3", and he had on a members

6'3", and he had on a members only black jacket, a stocking

only black jacket, a stocking cap, and he had a mustache.

Cap, and he had a mustache. >> They passed on the road.

>> They passed on the road. This person said, I'm getting an

this person said, I'm getting an early start this morning me got

early start this morning me got into a white chevette and drove

into a white chevette and drove off.

Off. >> I took pat down to the lab

>> I took pat down to the lab and they did a composite.

And they did a composite. I said, are you sure he looked

I said, are you sure he looked like this?

Like this? This guy has a black man's nose

this guy has a black man's nose and droopy, lazy eye.

And droopy, lazy eye. He said, that's what I saw.

He said, that's what I saw. >> Six days after the murders

>> six days after the murders police put out a call for the

police put out a call for the man who adependopted the eastbu

man who adependopted the eastbu dog.

Dog. Army sergeant tell moth think

army sergeant tell moth think hennis home with his lunch with

hennis home with his lunch with his wife, daughter and new dog.

His wife, daughter and new dog. >> Hey, buddy, that's you.

>> Hey, buddy, that's you. They immediately packed up and

they immediately packed up and went to the sheriff's

went to the sheriff's department.

Department. >> As I walk into the office,

>> as I walk into the office, hennis is sitting there.

Hennis is sitting there. I stopped right in my tracks and

I stopped right in my tracks and I look at him and I look at that

I look at him and I look at that composite and I said, my

composite and I said, my goodness, this is our man right

goodness, this is our man right here.

Here. >> Go find Patrick and they put

>> go find Patrick and they put together a photo lineup and he

together a photo lineup and he eventually settled on number

eventually settled on number two, which that was Tim hennis.

Two, which that was Tim hennis. I said, are you sure?

I said, are you sure? I'm sure.

I'm sure. He also in the parking lot

he also in the parking lot picked hennis' white chevette

picked hennis' white chevette out and he said that's the car I

out and he said that's the car I saw.

Saw. Hennis was still in the

hennis was still in the sheriff's and he was

sheriff's and he was cooperative.

Cooperative. Midway through he realized he

midway through he realized he was becoming a suspect and he

was becoming a suspect and he was getting madder and madder

was getting madder and madder and madder.

And madder. >> Get that thing out of my

>> get that thing out of my face.

Face. >> He is the most arrogant human

>> he is the most arrogant human being I've ever seen in my life.

Being I've ever seen in my life. He just felt like you can't

he just felt like you can't touch me.

Touch me. Well, yes, we will touch you.

Well, yes, we will touch you. We reached out and touched him.

We reached out and touched him. >> At 1:00 A.M. sheriffs

>> at 1:00 A.M. sheriffs arrested Timothy hennis.

Arrested Timothy hennis. They charged him with rape and

they charged him with rape and capital murder.

Capital murder. He would face the death penalty.

He would face the death penalty. The arrest of a sergeant from

the arrest of a sergeant from the nation's largest army base

the nation's largest army base sent shockwaves through the

sent shockwaves through the tight knit community around ft.

Tight knit community around ft. Bragg.

Bragg. >> Most patriotic city in the

>> most patriotic city in the country.

Country. If someone is murdered out of

if someone is murdered out of the blue, that stir it is blood

the blue, that stir it is blood in Faye yitville.

In Faye yitville. >> Do you have any idea who

>> do you have any idea who would do this?

Would do this? >> Well, she was getting some

>> well, she was getting some strange phone calls.

Strange phone calls. >> Don't be giving no ideas.

>> Don't be giving no ideas. >> I ain't giving no ideas

>> I ain't giving no ideas about -- would ju just --

about -- would ju just -- >> they get outraged.

>> They get outraged. Justice must be done.

Justice must be done. >> To defend their son Tim

>> to defend their son Tim hennis' parents hired two young

hennis' parents hired two young lawyers, Jerry beaver and Billy

lawyers, Jerry beaver and Billy richar

richar Richardson.

Richardson. >> I thought Tim was guilty as

>> I thought Tim was guilty as all get out.

All get out. I didn't particularly care for

I didn't particularly care for Tim, but the law school I went

Tim, but the law school I went to stressed the importance of

to stressed the importance of taking unpopular cases.

Taking unpopular cases. >> In the days immediately

>> in the days immediately afterwards the news got worse

afterwards the news got worse for Tim hennis.

For Tim hennis. He had no alibi.

He had no alibi. Angela hennis was out of town

Angela hennis was out of town all weekend.

All weekend. On Saturday morning he dragged a

on Saturday morning he dragged a barrel out in the middle of the

barrel out in the middle of the backyard and started burning

backyard and started burning stuff.

Stuff. Something his neighbors had

something his neighbors had never seen him do before.

Never seen him do before. >> I don't know what it was but

>> I don't know what it was but it was something he burned.

It was something he burned. >> The lady who owns the

>> the lady who owns the cleaners called US, he said,

cleaners called US, he said, that man that you all have

that man that you all have arrested brought a black members

arrested brought a black members only jacket into my cleaners

only jacket into my cleaners Friday.

Friday. Look suspicious to you.

Look suspicious to you. >> Katie eastburn's stolen bank

>> Katie eastburn's stolen bank card, used twice, on the Friday

card, used twice, on the Friday night and Saturday morning, $150

night and Saturday morning, $150 each time.

Each time. Found hennis was late on rent to

found hennis was late on rent to the tune of $300 which he paid

the tune of $300 which he paid on Monday.

On Monday. >> We really thought he was

>> we really thought he was guilty.

Guilty. And there was a lot of physical

and there was a lot of physical evidence that was being tested

evidence that was being tested and if some physical evidence

and if some physical evidence came back to him he was dead.

Came back to him he was dead. So we wanted to come in ahead of

so we wanted to come in ahead of time and get him to plea before

time and get him to plea before that came out.

That came out. >> But to Richardson's surprise,

>> but to Richardson's surprise, hennis refused to consider plea

hennis refused to consider plea deal.

Deal. >> Tim said something that

>> Tim said something that haunted me.

Haunted me. He looked at US and said they

he looked at US and said they can test whatever they want, I

can test whatever they want, I was not in that house, I did not

was not in that house, I did not do it.

Do it. It's just that simple.

It's just that simple. >> When the lab reports with

>> when the lab reports with blood type footprints and

blood type footprints and fingerprints came back they

fingerprints came back they corroborated hennis' account.

Corroborated hennis' account. >> Physical evidence had not

>> physical evidence had not matched Tim hennis, none of it

matched Tim hennis, none of it had.

Had. >> Inconclusive or negative,

>> inconclusive or negative, inconclusive or negative.

Inconclusive or negative. There wasn't a shred of physical

there wasn't a shred of physical evidence that was linking Tim to

evidence that was linking Tim to the crime.

The crime. >> Billy's viewpoint then became

>> Billy's viewpoint then became he must get this man exonerated

he must get this man exonerated because I believed him.

Because I believed him. >> Someone other than my client

>> someone other than my client committed this crime.

Committed this crime. >> From that point on I was

>> from that point on I was totally convinced he was

totally convinced he was innocent.

Innocent. >> But even without physical

>> but even without physical evidence linking him to the

evidence linking him to the crime, Tim hennis was about to

crime, Tim hennis was about to go on trial for his life.

Go on trial for his life. >>> Before he adopted the

>>> before he adopted the eastburn's dog in may 1985

eastburn's dog in may 1985 sergeant Tim hennis had a steady

sergeant Tim hennis had a steady job in the military and a

job in the military and a growing daughter he was devoted

growing daughter he was devoted to.

To. Then hennis was arrested for the

then hennis was arrested for the brutal murder of Katie eastburn

brutal murder of Katie eastburn and her two little girls, aged 5

and her two little girls, aged 5 and 3.

And 3. Hennis' lawyer had come to

hennis' lawyer had come to believe in his innocence.

Believe in his innocence. >> I was totally convinced

>> I was totally convinced watching him interact with

watching him interact with Angela because they do have a

Angela because they do have a beautiful marriage.

Beautiful marriage. And watching him with his

and watching him with his daughter, Tim is extremely good

daughter, Tim is extremely good with children.

With children. I remember, with my children,

I remember, with my children, how good he was.

How good he was. >> Of the fingerprints, blood,

>> of the fingerprints, blood, and semen found at the crime

and semen found at the crime scene, none of it linked to

scene, none of it linked to hennis.

Hennis. >> Down here we didn't have the

>> down here we didn't have the equipment and facilities that

equipment and facilities that they had up north.

They had up north. We had no DNA down here when the

we had no DNA down here when the crime occurred.

Crime occurred. I would like to have had a

I would like to have had a fingerprint.

Fingerprint. He left a shoe or dropped

he left a shoe or dropped something that we could tie him

something that we could tie him to it but we thought we had

to it but we thought we had enough to justify the case and

enough to justify the case and the trial.

The trial. The trial began on may 27th,

the trial began on may 27th, 1986.

1986. >> Everybody wanted in that

>> everybody wanted in that courtroom.

Courtroom. The bailiffs a couple times had

the bailiffs a couple times had to break up fistfights.

To break up fistfights. >> The prosecutors called it the

>> the prosecutors called it the sh

sh show.

Show. They wanted to emphasize how

they wanted to emphasize how gruesome the murder was so they

gruesome the murder was so they built a screen that took up the

built a screen that took up the whole wall and they took slides

whole wall and they took slides of Kara and Erin eastburn, 5 and

of Kara and Erin eastburn, 5 and 3-year-old little girls on an

3-year-old little girls on an autopsy table, displayed out, no

autopsy table, displayed out, no clothes.

Clothes. >> Tim was sitting there going,

>> Tim was sitting there going, what do I do if he acts like

what do I do if he acts like it's not bothering him, he looks

it's not bothering him, he looks like he's cold-blooded killer

like he's cold-blooded killer and if he gets emotionally

and if he gets emotionally upset, he looks like he's

upset, he looks like he's expressing guilt.

Expressing guilt. What can he do?

What can he do? >> This went on for two days.

>> This went on for two days. Slide after slide after slide.

Slide after slide after slide. >> Felt like I was in a slam

>> felt like I was in a slam dunk competition with Michael

dunk competition with Michael Jordan.

Jordan. >> Prosecutor William vanstory

>> prosecutor William vanstory also told the jury that hennis'

also told the jury that hennis' motive had been sex.

Motive had been sex. >> Tim hennis' wife was out of

>> Tim hennis' wife was out of town, new baby, so he decided to

town, new baby, so he decided to make a pass at the married

make a pass at the married mother of three from whom he had

mother of three from whom he had gotten the dog.

Gotten the dog. That didn't go well.

That didn't go well. >> Hennis thinks he's a player,

>> hennis thinks he's a player, so Mrs. Eastburn said, no, he

so Mrs. Eastburn said, no, he read this wrong, I'm just a

read this wrong, I'm just a friendly person.

Friendly person. With that temper of his, he lost

with that temper of his, he lost it.

It. >> Billy Richardson showed the

>> Billy Richardson showed the lack of evidence to the jury but

lack of evidence to the jury but the prosecutors argued the

the prosecutors argued the absence of blood on his jacket

absence of blood on his jacket was the guilt.

Was the guilt. >> There was no blood because he

>> there was no blood because he took the jacket to the

took the jacket to the dry-cleaners.

Dry-cleaners. >> The jacket was a damning

>> the jacket was a damning piece of evidence.

Piece of evidence. >> Richardson also undercut

>> Richardson also undercut eyewitness pat cone who ID'd

eyewitness pat cone who ID'd hennis leaving the home.

Hennis leaving the home. They videotaped pat cone during

they videotaped pat cone during the tour of the crime scene.

The tour of the crime scene. >> When you start listening to

>> when you start listening to his story he's all over the

his story he's all over the place.

Place. >> Bought my girlfriend some

>> bought my girlfriend some roses.

Roses. >> You bought her some Rose on

>> you bought her some Rose on sunday?

Sunday? >> No, it wasn't roses candy.

>> No, it wasn't roses candy. Candy.

Candy. Not roses.

Not roses. >> We started asking are you

>> we started asking are you sure about this?

Sure about this? He said, now I'm out here

he said, now I'm out here looking at it, you're right, I

looking at it, you're right, I probably couldn't see all this.

Probably couldn't see all this. >> No, no, no, no, no, I can't

>> no, no, no, no, no, I can't say that.

Say that. >> On the witness stand cone

>> on the witness stand cone cast aside any doubts.

Cast aside any doubts. >> Cone said these lawyers have

>> cone said these lawyers have been tricking me, they've been

been tricking me, they've been pressuring me.

Pressuring me. I know I picked out the right

I know I picked out the right guy.

Guy. >> Finally prosecutors presented

>> finally prosecutors presented a surprise witness, a woman who

a surprise witness, a woman who said that two days after the

said that two days after the murder she had seen the killer

murder she had seen the killer using Katie eastburn's stolen

using Katie eastburn's stolen bank card.

Bank card. >> All of a sudden the state

>> all of a sudden the state introduced Lucille cook, little

introduced Lucille cook, little old lady.

Old lady. Used a card on Saturday morning

used a card on Saturday morning after the killer did.

After the killer did. >> She had told US she couldn't

>> she had told US she couldn't remember.

Remember. She said, I didn't tell you the

she said, I didn't tell you the truth the first time.

Truth the first time. >> There was a big tall white

>> there was a big tall white man, mustache, blond headed guy

man, mustache, blond headed guy and he got in that tiny car.

And he got in that tiny car. >> That was the man that used

>> that was the man that used the car right before I did.

The car right before I did. Pointed to Tim hennis.

Pointed to Tim hennis. The jury is sitting there

the jury is sitting there looking at her.

Looking at her. After she testified, I went into

after she testified, I went into the bathroom and just threw up.

The bathroom and just threw up. >> The jury deliberated for

>> the jury deliberated for three days.

Three days. >> It was a quarter of 5:00 on a

>> it was a quarter of 5:00 on a Friday afternoon and the jury

Friday afternoon and the jury knocked.

Knocked. He was guilty on three counts.

He was guilty on three counts. He would get death penalty,

he would get death penalty, times three.

Times three. Tim hennis could hear his father

Tim hennis could hear his father sobbing in the courtroom.

Sobbing in the courtroom. He had never heard that before.

He had never heard that before. >> When that jury said he's

>> when that jury said he's guilty, you still had faith that

guilty, you still had faith that he was telling the truth?

He was telling the truth? >> Always.

>> Always. Never once.

Never once. >> Not a doubt in your mind?

>> Not a doubt in your mind? >> No.

>> No. Never.

Never. >> That time I felt like I did

>> that time I felt like I did what for god, I got our man and

what for god, I got our man and it felt good.

It felt good. This is the one case that truly

this is the one case that truly screamed out for the death

screamed out for the death penalty.

Penalty. >> Tim hennis had spent his

>> Tim hennis had spent his entire career serving the

entire career serving the military.

Military. Now he was serving time on death

now he was serving time on death row.

Row. But not long after his arrival

but not long after his arrival hennis received a mysterious

hennis received a mysterious letter.

Letter. >> Said, Mr. Hennis, I did the

>> said, Mr. Hennis, I did the crime.

Crime. You're doing the time.

You're doing the time. Mr. X.

Mr. X. >> The letter provided no

>> the letter provided no concrete leads, only adding to

concrete leads, only adding to hennis' torment.

Hennis' torment. >> He got visits from his family

>> he got visits from his family and his daughter is now 2 1/2

and his daughter is now 2 1/2 years old.

Years old. And she would bang her hands on

and she would bang her hands on the plexiglas and say, open it,

the plexiglas and say, open it, daddy, open it.

Daddy, open it. Why won't it open?

Why won't it open? >> Billy Richardson felt

>> Billy Richardson felt responsible for his client's

responsible for his client's predicam

predicam predicament.

Predicament. >> We did not do as good a job

>> we did not do as good a job as we were capable of doing.

As we were capable of doing. I made up my mind then and there

I made up my mind then and there I was going to become the lawyer

I was going to become the lawyer I was supposed to be.

I was supposed to be. I got off my butt and went to

I got off my butt and went to work.

Work. >> Richardson and his partner

>> Richardson and his partner quickly filed an appeal to the

quickly filed an appeal to the north Carolina supreme court.

North Carolina supreme court. They had to decide what to

they had to decide what to emphasize, from mishandling

emphasize, from mishandling evidence to possible perjury.

Evidence to possible perjury. >> They quickly settled on the

>> they quickly settled on the photographs.

Photographs. >> That presentation was thought

>> that presentation was thought to have riled up the jury and it

to have riled up the jury and it was pointed at him over and

was pointed at him over and over.

Over. See this picture?

See this picture? He did it.

He did it. See this picture?

See this picture? He did it.

He did it. >> Our state supreme court

>> our state supreme court didn't just read the appeal

didn't just read the appeal briefs, they got a slide

briefs, they got a slide projector and saw the show for

projector and saw the show for themselves.

Themselves. And within 22 days, they said,

and within 22 days, they said, let's give him another trial.

Let's give him another trial. >> It just broke all of our

>> it just broke all of our hearts because we had to

hearts because we had to calgary, say, you've got to go

calgary, say, you've got to go through this one more time.

Through this one more time. >> Billy Richardson

>> Billy Richardson reinvestigated every aspect of

reinvestigated every aspect of the case.

The case. >> We were so much better

>> we were so much better prepared for the second trial.

Prepared for the second trial. When I started digging, we found

when I started digging, we found how many things we didn't know

how many things we didn't know at the first trial.

At the first trial. >> Richardson began with hennis'

>> Richardson began with hennis' alibi for the night after the

alibi for the night after the murder.

Murder. When someone used eastburn's

when someone used eastburn's bank card.

Bank card. >> He had 24-hour duty with ft.

>> He had 24-hour duty with ft. Bragg for his duty, he couldn't

bragg for his duty, he couldn't leave.

Leave. >> People in his division

>> people in his division remembered him gluing shingles

remembered him gluing shingles on a doll house for his infant

on a doll house for his infant daughter.

Daughter. >> Army paperwork would have

>> army paperwork would have confirmed hennis' whereabouts

confirmed hennis' whereabouts had gone missing before the

had gone missing before the first trial.

First trial. >> Army, paperwork is

>> army, paperwork is everything.

Everything. They have paperwork for

they have paperwork for paperwork.

Paperwork. We look for it and look for it.

We look for it and look for it. There was a checkout sheet for

there was a checkout sheet for every day but that day.

Every day but that day. The prosecutor had a field day.

The prosecutor had a field day. >> But before the second trial,

>> but before the second trial, Richardson discovered why the

Richardson discovered why the paperwork had gone missing.

Paperwork had gone missing. >> The reason they couldn't find

>> the reason they couldn't find it is because the prosecutors

it is because the prosecutors had it.

Had it. They didn't make a copy of it

they didn't make a copy of it and leave it, they just took it.

And leave it, they just took it. So this piece of evidence that

so this piece of evidence that probably would have exonerated

probably would have exonerated him in 1986 was kept in the

him in 1986 was kept in the prosecutor's custody all that

prosecutor's custody all that time.

Time. >> Richardson also uncovered

>> Richardson also uncovered information that would undermine

information that would undermine eyewitness pat cone.

Eyewitness pat cone. >> Pat cone had helped them out

>> pat cone had helped them out in between trials.

In between trials. He was arrested using a stolen

he was arrested using a stolen bank card.

Bank card. On another occasion, Patrick

on another occasion, Patrick cone was drinking and disruptive

cone was drinking and disruptive and the state dropped the case.

And the state dropped the case. He was known to tell people that

he was known to tell people that the state couldn't touch him

the state couldn't touch him because he was a prime witness.

Because he was a prime witness. >> Pat is not a strong-willed

>> pat is not a strong-willed person.

Person. Nice guy.

Nice guy. Don't misunderstand me.

Don't misunderstand me. But he got in a little bit of

but he got in a little bit of trouble.

Trouble. They were just minor things.

They were just minor things. >> Still, Richardson wasn't sure

>> still, Richardson wasn't sure he could convince the jury that

he could convince the jury that cone had lied about seeing

cone had lied about seeing hennis, until a new piece of

hennis, until a new piece of evidence was found literally

evidence was found literally lying on the sidewalk.

Lying on the sidewalk. >>> As defense attorney Billy

>>> as defense attorney Billy Richardson prepared for the

Richardson prepared for the retrial of Tim hennis new

retrial of Tim hennis new evidence turned up on a

evidence turned up on a fayetteville sidewalk.

Fayetteville sidewalk. >> The deputy picked up the

>> the deputy picked up the wallet noted that it had a

wallet noted that it had a letter in it.

Letter in it. And we kept hearing that the

and we kept hearing that the letter said Tim didn't do it.

Letter said Tim didn't do it. You keep hearing rumors like

you keep hearing rumors like that.

That. >> Billy goes to the sheriff's

>> Billy goes to the sheriff's department and has to pretend

department and has to pretend he's investigating another case

he's investigating another case because if he let on he was

because if he let on he was investigating this case it would

investigating this case it would have set off all kinds of bells

have set off all kinds of bells and whistles.

And whistles. >> Sure enough the lost wallet

>> sure enough the lost wallet belonged to a felony.

Belonged to a felony. >> Shawn Buckner was a close

>> Shawn Buckner was a close friend of pat cone.

Friend of pat cone. The prosecutor's star witness.

The prosecutor's star witness. The letter and Buckner's lost

the letter and Buckner's lost wallet called cone's testimony

wallet called cone's testimony into question.

Into question. >> That letter talks about pat's

>> that letter talks about pat's doubts.

Doubts. Pat kind of hoped Shawn Buckner

pat kind of hoped Shawn Buckner and his fiance about his doubts

and his fiance about his doubts to the point where they wrote

to the point where they wrote each other a letter about it.

Each other a letter about it. >> Richardson flew to Louisiana

>> Richardson flew to Louisiana where Buckner was training in

where Buckner was training in the air force when he got there

the air force when he got there Buckner closed the door on his

Buckner closed the door on his face.

Face. >> He didn't want to get

>> he didn't want to get involved.

Involved. >> Shawn Buckner didn't know

>> Shawn Buckner didn't know whether to betray his friend or

whether to betray his friend or help free someone.

Help free someone. It was a tough one.

It was a tough one. Shawn Buckner had no reason to

Shawn Buckner had no reason to help Tim hennis.

Help Tim hennis. >> Richardson came home empty

>> Richardson came home empty handed, hoping Buckner would

handed, hoping Buckner would eventually change his mind.

Eventually change his mind. The retrial of Timothy hennis

the retrial of Timothy hennis began on February 27th, 1989.

Began on February 27th, 1989. Almost four years after the

almost four years after the brutal murders of Gary

brutal murders of Gary eastburn's wife and daughters.

Eastburn's wife and daughters. >> The state went into a replay

>> the state went into a replay of trial one.

Of trial one. Meanwhile the defense had an

meanwhile the defense had an entirery different case.

Entirery different case. >> This time hennis would

>> this time hennis would testify.

Testify. >> We just really drill him.

>> We just really drill him. Filmed him and let him watch it.

Filmed him and let him watch it. >> Did you kill these three

>> did you kill these three people?

People? >> No, I did not kill these

>> no, I did not kill these people.

People. I have a daughter of my own and

I have a daughter of my own and I could not hurt any children at

I could not hurt any children at all.

All. >> Did you do this crime?

>> Did you do this crime? >> No, I did not.

>> No, I did not. >> We felt if Tim showed rage or

>> we felt if Tim showed rage or emotion the jury would say,

emotion the jury would say, look, there you can see he can

look, there you can see he can get to this point.

Get to this point. >> How does all of this make you

>> how does all of this make you feel if.

Feel if. >> Extremely upset and angry.

>> Extremely upset and angry. >> On cross-examination the

>> on cross-examination the prosecutor confronted hennis

prosecutor confronted hennis with the alleged motive for the

with the alleged motive for the murder.

Murder. >> The prosecutor says, you lost

>> the prosecutor says, you lost your cool.

Your cool. And went in there and tried to

and went in there and tried to have sex with her and when she

have sex with her and when she refused, you snapped and killed

refused, you snapped and killed her.

Her. >> They were trying to provoke

>> they were trying to provoke Tim hennis on the stand and he

Tim hennis on the stand and he had to call me, no, I did not.

Had to call me, no, I did not. No, I did not.

No, I did not. He said, I never had sex with

he said, I never had sex with that woman.

That woman. That never happened.

That never happened. >> When it was over we had not

>> when it was over we had not got the reaction I wanted to.

Got the reaction I wanted to. See him in a different light

see him in a different light than first jury had seen him.

Than first jury had seen him. Made a huge difference.

Made a huge difference. >> At the first trial the

>> at the first trial the absence of blood on hennis'

absence of blood on hennis' jacket had helped convict him as

jacket had helped convict him as the state's expert insisted

the state's expert insisted dry-cleaning had removed any

dry-cleaning had removed any blood stains.

Blood stains. But Richardson saw it

but Richardson saw it differently.

Differently. >> I talked to the dry-cleaner

>> I talked to the dry-cleaner and he said you have to use a

and he said you have to use a special chemical to remove

special chemical to remove blood.

Blood. I said, well, did you use it in

I said, well, did you use it in this case?

This case? He said, no.

He said, no. I just used ordinary

I just used ordinary dry-cleaning.

Dry-cleaning. >> When the prosecution

>> when the prosecution challenged the dry-cleaner's

challenged the dry-cleaner's knowledge, Richardson was ready

knowledge, Richardson was ready with his own expert.

With his own expert. >> The chemist got a members

>> the chemist got a members only jacket.

Only jacket. Put some blood on it and took

put some blood on it and took the jacket to a dry-cleaner and

the jacket to a dry-cleaner and ran a luminol test on the jacket

ran a luminol test on the jacket and it gloed as bright as can

and it gloed as bright as can be, still there.

Be, still there. >> Hennis' members only jacket

>> hennis' members only jacket on the other hand had no signs

on the other hand had no signs of blood.

Of blood. Richardson had turned the

Richardson had turned the prosecution's evidence against

prosecution's evidence against them.

Them. Richardson was also prepared for

Richardson was also prepared for Lucille cook who swoer she saw

Lucille cook who swoer she saw hennis at an atm two days after

hennis at an atm two days after the murder.

The murder. >> Lucille cook had made dozens

>> Lucille cook had made dozens and dozens of atm transactions

and dozens of atm transactions around the time of this one.

Around the time of this one. I asked her, can you remember

I asked her, can you remember any of those?

Any of those? Of course she could not.

Of course she could not. >> Bank logs also showed a 3 1/2

>> bank logs also showed a 3 1/2 minute gap between the victim's

minute gap between the victim's card being used and Lucille

card being used and Lucille cook's transaction.

Cook's transaction. >> That doesn't seem like a lot

>> that doesn't seem like a lot of time until you sit there and

of time until you sit there and time it.

Time it. We had the jury sit there to see

we had the jury sit there to see how long it was.

How long it was. >> It was the longest 3 1/2

>> it was the longest 3 1/2 minutes.

Minutes. >> Why would the killer wait

>> why would the killer wait 3 1/2 minutes until someone sees

3 1/2 minutes until someone sees him?

Him? One of the jurors said they got

one of the jurors said they got in the jury room and laughed at

in the jury room and laughed at her.

Her. >> Now it was time for rich

>> now it was time for rich Richardson to go after the

Richardson to go after the state's star witness, pat cone.

State's star witness, pat cone. After some soul searching, Shawn

after some soul searching, Shawn Buckner agreed to testify

Buckner agreed to testify against his old friend.

Against his old friend. >> He testified that pat cone

>> he testified that pat cone was extremely drunk that night,

was extremely drunk that night, that in addition to that he had

that in addition to that he had doubts about what he saw.

Doubts about what he saw. >> Patrick had told Shawn

>> Patrick had told Shawn Buckner, I feel like I'm sending

Buckner, I feel like I'm sending an innocent man to prison.

An innocent man to prison. >> But Richardson knew he had to

>> but Richardson knew he had to answer one last question.

Answer one last question. >> In the back of their mind,

>> in the back of their mind, the jury still saying, well, the

the jury still saying, well, the kids saw something.

Kids saw something. If it wasn't your client, who

if it wasn't your client, who was it?

Was it? >> So Richardson called his next

>> so Richardson called his next witness.

Witness. >> The back doors burst open and

>> the back doors burst open and everyone in the courtroom turned

everyone in the courtroom turned and looked around.

And looked around. The prosecutor says, who is

the prosecutor says, who is that?

That? >> That was as close to a Perry

>> that was as close to a Perry Mason moment as I've ever had.

Mason moment as I've ever had. >> The lead detective says,

>> the lead detective says, we'r

we'r >>> defense attorney Billy

>>> defense attorney Billy Richardson had always wondered

Richardson had always wondered if it wasn't Tim hennis, who did

if it wasn't Tim hennis, who did eyewitness pat cone see near the

eyewitness pat cone see near the home on the night of the

home on the night of the murders.

Murders. >> Billy was going door to door,

>> Billy was going door to door, every neighbor.

Every neighbor. Why don't you talk to that kid

why don't you talk to that kid across the street.

Across the street. >> I see that fella all the

>> I see that fella all the time.

Time. He walks the neighborhood all

he walks the neighborhood all the time.

The time. >> They didn't know who he was.

>> They didn't know who he was. So Billy did a vigil, became

so Billy did a vigil, became this quest for this myth call

this quest for this myth call figure of the Walker.

Figure of the Walker. >> You cannot win your case

>> you cannot win your case sitting in your office so I sat

sitting in your office so I sat out there for six weeks.

Out there for six weeks. >> Richardson even hoped he

>> Richardson even hoped he might find the real perp

might find the real perp perpetrator but he came up empty

perpetrator but he came up empty handed.

Handed. Then before the second trial

then before the second trial Richardson hired an investigator

Richardson hired an investigator to renew the search.

To renew the search. And finally, they found their

and finally, they found their mystery man.

Mystery man. No murderer but a high school

no murderer but a high school senior who worked at the local

senior who worked at the local supermarket.

Supermarket. >> A kid by the name of John

>> a kid by the name of John ropa lived down street from the

ropa lived down street from the eastburns.

Eastburns. He was an uneasy sleeper and he

he was an uneasy sleeper and he had a habit of walking the

had a habit of walking the neighborhood on summerhill road

neighborhood on summerhill road at 3:00 in the morning.

At 3:00 in the morning. He was a big blond kid with a

he was a big blond kid with a blond mustache.

Blond mustache. >> It just fit.

>> It just fit. It just fit like a glove.

It just fit like a glove. >> During the retrial Richardson

>> during the retrial Richardson kept his discovery from the

kept his discovery from the prosecution.

Prosecution. Timing the mystery Walker's

timing the mystery Walker's entrance for maximum impact.

Entrance for maximum impact. >> The back doors burst open,

>> the back doors burst open, defense calls John ropa and at

defense calls John ropa and at 3:30 in the morning you couldn't

3:30 in the morning you couldn't help but think, could that be

help but think, could that be who Patrick cone saw on the

who Patrick cone saw on the road.

Road. >> Here's another tall white

>> here's another tall white guy, blond, walking down the

guy, blond, walking down the street.

Street. Lo

lo it was effective.

It was effective. >> It was just one of those

>> it was just one of those magical moments in the

magical moments in the courtroom.

Courtroom. The jury them a reason to have

the jury them a reason to have reasonable doubt.

Reasonable doubt. It gave them a reason to say it

it gave them a reason to say it wasn't Tim.

Wasn't Tim. >> When Walker took the stand

>> when Walker took the stand Richardson asked him what he

Richardson asked him what he wore on his walks down

wore on his walks down summerhill road.

Summerhill road. >> He often wore a beanie hat

>> he often wore a beanie hat and he had a members only

and he had a members only jacket, black members only

jacket, black members only jacket.

Jacket. >> After the Walker's testimony

>> after the Walker's testimony the defense moved to have the

the defense moved to have the case thrown out.

Case thrown out. >> Defense accused the

>> defense accused the prosecution of just out right

prosecution of just out right cheating because it turns out

cheating because it turns out the prosecutors knew exactly who

the prosecutors knew exactly who John ropa was.

John ropa was. >> The state had found the guy

>> the state had found the guy and it basically hid him from

and it basically hid him from US.

US. >> As the jury began

>> as the jury began deliberating Richardson told the

deliberating Richardson told the judge what he discovered about

judge what he discovered about the prosecution's conduct.

The prosecution's conduct. >> Deputy sheriff went to John

>> deputy sheriff went to John rop, a and they brought him in

rop, a and they brought him in and had him bring his jabt and

and had him bring his jabt and his hat and they took it from

his hat and they took it from him and put it in the trunk of

him and put it in the trunk of one of the detective's cars.

One of the detective's cars. And they returned it to John

and they returned it to John ropa after Tim hennis was on

ropa after Tim hennis was on death row.

Death row. That's exactly the kind of

that's exactly the kind of evidence in a death case that

evidence in a death case that could have tilted it their way

could have tilted it their way in the first trial.

In the first trial. >> We just got plain mad at this

>> we just got plain mad at this point.

Point. Get slapped enough, you say, all

get slapped enough, you say, all right, I've had enough of this.

Right, I've had enough of this. >> It just got more incredible

>> it just got more incredible to sit in the courtroom and

to sit in the courtroom and watch this thing unfold.

Watch this thing unfold. I went from thinking he's guilty

I went from thinking he's guilty to I'm not sure a jury is going

to I'm not sure a jury is going to be able to find him guilty

to be able to find him guilty to, he diplomat ddn't do it and

to, he diplomat ddn't do it and have to let him go.

Have to let him go. Then the jury knocked.

Then the jury knocked. >> After deliberating less than

>> after deliberating less than three hours the jury announced

three hours the jury announced its verdict.

Its verdict. Not guilty on all counts.

Not guilty on all counts. >> We all just broke down and

>> we all just broke down and started crying because I knew

started crying because I knew what they had been through.

What they had been through. Next to marrying my wife, next

next to marrying my wife, next to the birth of my children,

to the birth of my children, that was probably the happiest

that was probably the happiest day of my life.

Day of my life. >> We've lived with the family

>> we've lived with the family and felt what they've been

and felt what they've been through and it's just a

through and it's just a tremendous, tremendous load

tremendous, tremendous load taken off our shoulders.

Taken off our shoulders. >> The jurors came out and

>> the jurors came out and hugged Tim hennis.

Hugged Tim hennis. They were adamant they needed to

they were adamant they needed to reinvestigate this case and quit

reinvestigate this case and quit picking on this guy.

Picking on this guy. >> Somebody said, why are they

>> somebody said, why are they bothering this poor man.

Bothering this poor man. Talking about the hennis.

Talking about the hennis. Why are they bothering this poor

why are they bothering this poor plan?

Plan? Hasn't he suffered enough?

Hasn't he suffered enough? A man that killed two men and a

a man that killed two men and a woman.

Woman. How much did Gary suffer the

how much did Gary suffer the rest of his life?

Rest of his life? >> Whether you like it or not

>> whether you like it or not Tim is our client and if he

Tim is our client and if he dies, we live with it.

Dies, we live with it. >> In the years that followed,

>> in the years that followed, the hennis case became a

the hennis case became a textbook example of wrongful

textbook example of wrongful prosecution.

Prosecution. Scott was even adapted into a TV

Scott was even adapted into a TV mov

mov movie.

Movie. >> This case put people on

>> this case put people on notice that not everybody who is

notice that not everybody who is sitting in prison is glity.

Sitting in prison is glity. >> North Carolina now as a

>> north Carolina now as a commission that actually has

commission that actually has released a number of innocent

released a number of innocent people.

People. >> Despite all the attention to

>> despite all the attention to hennis' acquittal to eastburn

hennis' acquittal to eastburn murders would go unsolved for

murders would go unsolved for another 16 years.

Another 16 years. Until 2005 when Scott spoke

until 2005 when Scott spoke about a case at a criminology

about a case at a criminology seminar.

Seminar. Fayetteville detective Larry

fayetteville detective Larry trotter was in the audience.

Trotter was in the audience. >> The premise was that there

>> the premise was that there were a lot of unknowns out

were a lot of unknowns out there.

There. People that potentially may not

people that potentially may not have been interviewed, other

have been interviewed, other forms of evidence.

Forms of evidence. >> If he's innocent then who is

>> if he's innocent then who is guilty?

Guilty? The state of north Carolina

the state of north Carolina didn't pursue this for 17 years.

Didn't pursue this for 17 years. Why isn't trying to find who is

why isn't trying to find who is guilty?

Guilty? >> Somebody was stalking that

>> somebody was stalking that woman for weeks.

Woman for weeks. Eastburn was writing his woman

eastburn was writing his woman saying there is a fool out there

saying there is a fool out there following many we, I don't like

following many we, I don't like it.

It. What do I do about it?

What do I do about it? Why isn't that being looked at?

Why isn't that being looked at? Who does it lead to?

Who does it lead to? >> After witnesses discussed the

>> after witnesses discussed the evidence detective trotter

evidence detective trotter approached him privately.

Approached him privately. He said, I just want you to know

he said, I just want you to know that the way they investigated

that the way they investigated this case 20 years ago, we're

this case 20 years ago, we're not like that anymore.

Not like that anymore. I said, somebody should

I said, somebody should reinvestigate this case.

Reinvestigate this case. I think it can be solved now.

I think it can be solved now. Technology has improved.

Technology has improved. That's how we left it.

That's how we left it. >> In fact, trotter had been

>> in fact, trotter had been assigned by the sheriff's office

assigned by the sheriff's office to review cold cases.

To review cold cases. >> We had well over 100 unsolved

>> we had well over 100 unsolved cases at this time.

Cases at this time. As I went through it, the

as I went through it, the docket, I realized that they had

docket, I realized that they had a vaginal s wrks wab.

A vaginal s wrks wab. It had never been sent out for

it had never been sent out for testing.

Testing. When it happened DNA was in

when it happened DNA was in infancy so the thing to do was

infancy so the thing to do was to send it off for testing.

To send it off for testing. >> For over two decades Gary

>> for over two decades Gary eastburn had lived without

eastburn had lived without closure of the ders stating

closure of the ders stating murder of his wife and two

murder of his wife and two daughters.

Daughters. >> We've done a great injustice

>> we've done a great injustice for this man.

For this man. How he stood up or with stood, I

how he stood up or with stood, I don't know.

Don't know. You just want to do something

you just want to do something for him.

For him. You want to make sure you get

you want to make sure you get this solved.

This solved. >> In may 2006 the state crime

>> in may 2006 the state crime lab contacted the sheriff's

lab contacted the sheriff's department.

Department. They had found a positive match

they had found a positive match for the DNA.

For the DNA. Detective bitle called Gary

detective bitle called Gary eastburn to tell him the news.

Eastburn to tell him the news. I said, are you sitting down?

I said, are you sitting down? He said, yeah.

He said, yeah. Why?

Why? I said, take a deep seat, I've

I said, take a deep seat, I've got something to tell you.

Got something to tell you. >>> After Tim hennis was freed

>>> after Tim hennis was freed from death row in 1989 he didn't

from death row in 1989 he didn't know where to turn.

Know where to turn. >> Are you feel very diminished,

>> are you feel very diminished, very worn out, dragged down, you

very worn out, dragged down, you don't have the self confidence

don't have the self confidence and reliability you once had.

And reliability you once had. >> His lawyers told him, get out

>> his lawyers told him, get out of the army.

Of the army. It's just a bad place to be.

It's just a bad place to be. But you've been on death row,

but you've been on death row, there weren't a lot of employers

there weren't a lot of employers who would take that on.

Who would take that on. The army had to take him back,

the army had to take him back, so he stayed in.

So he stayed in. >> After readjusting to army

>> after readjusting to army life, Tim hennis built a

life, Tim hennis built a successful 25-year career in the

successful 25-year career in the military.

Military. >> Tim hennis served in Somalia,

>> Tim hennis served in Somalia, he served in desert storm.

He served in desert storm. Tim's supervising colonel told

Tim's supervising colonel told me he was without a doubt the

me he was without a doubt the best nco he ever worked with.

Best nco he ever worked with. >> Retired at 2004.

>> Retired at 2004. He was good at being a husband

he was good at being a husband and father.

And father. He and Angela had a son, who he

he and Angela had a son, who he never would have had had he not

never would have had had he not gotten his life back together.

Gotten his life back together. >> But Tim hennis had no idea

>> but Tim hennis had no idea the eastburn murder case was

the eastburn murder case was about to break wide open.

About to break wide open. In 2006 a 20-year-old rape kit

in 2006 a 20-year-old rape kit yielded new DNA results.

Yielded new DNA results. Drebtive bittle called the

drebtive bittle called the father Gary eastburn the news.

Father Gary eastburn the news. >> I said, we got a hit on the

>> I said, we got a hit on the DNA.

DNA. He said, well, who is it?

He said, well, who is it? I said, hennis.

I said, hennis. >> You could knocked me over

>> you could knocked me over with a feather when I got that

with a feather when I got that call.

Call. Just hit with this wave of

just hit with this wave of emotion.

Emotion. Like, I don't believe it.

Like, I don't believe it. >> I was so happy.

>> I was so happy. I mean, I was walking on cloud

I mean, I was walking on cloud nine.

Nine. >> Defense lawyer Billy

>> defense lawyer Billy Richardson was driving through

Richardson was driving through Mississippi when he heard the

Mississippi when he heard the news.

News. >> I said, stop the car.

>> I said, stop the car. And it was just like somebody

and it was just like somebody had taken a 2 x 4 and hit me up

had taken a 2 x 4 and hit me up the side of the head with it.

The side of the head with it. >> I was convinced that if

>> I was convinced that if anybody could ever run an actual

anybody could ever run an actual DNA on that sample they would

DNA on that sample they would find someone other than Tim

find someone other than Tim hennis.

Hennis. I believed it with every fiber

I believed it with every fiber of my being.

Of my being. >> But the shocking DNA results

>> but the shocking DNA results led to a pragmatic question --

led to a pragmatic question -- >> what the heck do you do now?

>> What the heck do you do now? >> Timothy hennis had been

>> Timothy hennis had been adjudicated, not guilty,

adjudicated, not guilty, therefore the state of north

therefore the state of north Carolina was not going to try

Carolina was not going to try him again.

Him again. >> We fought a revolutionary war

>> we fought a revolutionary war because the king of england

because the king of england could try somebody over and over

could try somebody over and over for the same offense.

For the same offense. Our funders put in the

our funders put in the constitution that there will be

constitution that there will be no double jeopardy in this

no double jeopardy in this country.

Country. >> I understand that, but I

>> I understand that, but I think there might be certain

think there might be certain cases like this that there's DNA

cases like this that there's DNA now that says there's a man who

now that says there's a man who raped this woman and killed her.

Raped this woman and killed her. I think you should be able to.

I think you should be able to. Somehow the judicial system is

somehow the judicial system is going to have to work around

going to have to work around that.

That. >> It was the da's office who

>> it was the da's office who decided to see if the army was

decided to see if the army was interested in bringing him back

interested in bringing him back off of retirement and trying him

off of retirement and trying him for the murders.

For the murders. >> A team of lawyers from the

>> a team of lawyers from the ranks helped evaluate the case

ranks helped evaluate the case for the army.

For the army. >> My personal opinion about why

>> my personal opinion about why this is important to the

this is important to the military is that the military

military is that the military sent Gary eastburn for duty in

sent Gary eastburn for duty in Alabama and his family was left

Alabama and his family was left behind and they were murdered.

Behind and they were murdered. >> I'm sure there was debate

>> I'm sure there was debate with the military.

With the military. It's high profile, it's

it's high profile, it's controversial, but you had an

controversial, but you had an enlisted person killing an

enlisted person killing an officer's wife.

Officer's wife. How do you let that go?

How do you let that go? >> Two years after he retired,

>> two years after he retired, Timothy hennis was recalled to

Timothy hennis was recalled to active duty.

Active duty. As soon as he returned to ft.

As soon as he returned to ft. Bragg, hennis was charge with

bragg, hennis was charge with three counts of murder.

Three counts of murder. >> Tim hennis is the only person

>> Tim hennis is the only person in the United States history who

in the United States history who has been tried for his life

has been tried for his life three times after guilty and not

three times after guilty and not guilty verdicts.

Guilty verdicts. >> I can't comment as to why it

>> I can't comment as to why it has not happened before.

Has not happened before. However, illegal analysis of it

however, illegal analysis of it was actually pretty simple.

Was actually pretty simple. >> It is actually well is itled

>> it is actually well is itled law.

Law. Nothing the state does affects

nothing the state does affects what the government can do.

What the government can do. >> They can claim it's under a

>> they can claim it's under a different jurisdiction all they

different jurisdiction all they want.

Want. This was the state of north

this was the state of north Carolina using the army to get

Carolina using the army to get to what they wanted to do.

To what they wanted to do. Plain and simple.

Plain and simple. >> With Billy Richardson now on

>> with Billy Richardson now on the side lips the court-martial

the side lips the court-martial of Timothy hennis commenced on

of Timothy hennis commenced on march 14th, 2010.

March 14th, 2010. The prosecutor's case hinged on

the prosecutor's case hinged on the DNA results.

The DNA results. >> The sperm found in the vagina

>> the sperm found in the vagina of Kathryn eastburn was the

of Kathryn eastburn was the person who raped and slaughtered

person who raped and slaughtered her and her children, and that

her and her children, and that is Timothy hennis'.

Is Timothy hennis'. >> When a scandal erupted at the

>> when a scandal erupted at the state lab the DNA evidence

state lab the DNA evidence against Timothy hennis would be

against Timothy hennis would be thrown into question.

Thrown into question. >> They were mixing up DNA

>> they were mixing up DNA samples and almost putting an

>> narrator: In 20 Timothy hennis went on trial a third

hennis went on trial a third time.

Time. A scandal rocked the state lab

a scandal rocked the state lab that identified his DNA.

That identified his DNA. The lab had been skewing results

the lab had been skewing results to help prosecutors.

To help prosecutors. >> The woman who handled the

>> the woman who handled the sample back in the '80s got in

sample back in the '80s got in trouble for mixing up some DNA

trouble for mixing up some DNA samples in another case.

Samples in another case. And almost put an innocent guy

and almost put an innocent guy in prison.

In prison. >> They didn't do a good job

>> they didn't do a good job preserving the evidence.

Preserving the evidence. Three people were arrested for

three people were arrested for evidence tampering.

Evidence tampering. >> Narrator: His lawyers asked

>> narrator: His lawyers asked for a postponement to

for a postponement to investigate the lab.

Investigate the lab. The judge refused.

The judge refused. Meanwhile, military prosecutors

meanwhile, military prosecutors found a second smear from the

found a second smear from the rape kit.

Rape kit. They sent it to a new lab and

they sent it to a new lab and the results also pointed to

the results also pointed to hennis.

Hennis. >> The medical examiner slide

>> the medical examiner slide came back on every marker to the

came back on every marker to the defendant.

Defendant. Tested by army's crime lab.

Tested by army's crime lab. You had two chains of custody.

You had two chains of custody. The defense could not attack the

the defense could not attack the slide.

Slide. >> Narrator: For prosecutors the

>> narrator: For prosecutors the DNA results swept away all

DNA results swept away all previous doubts.

Previous doubts. >> They went back and replayed

>> they went back and replayed the first two trials.

The first two trials. Some of the old discredited

some of the old discredited instances.

Instances. Patrick saw Timothy coming down

Patrick saw Timothy coming down the driveway.

The driveway. The members only jacket to the

the members only jacket to the cry cleaners.

Cry cleaners. Using the atm card.

Using the atm card. You had numerous pieces of

you had numerous pieces of evidence to tie him to the

evidence to tie him to the crime.

Crime. >> Narrator: For hennis's

>> narrator: For hennis's defenders prosecution's case had

defenders prosecution's case had flaws.

Flaws. The top priority was getting

the top priority was getting their own evidence in front of

their own evidence in front of the jury.

The jury. >> There is a ton of physical

>> there is a ton of physical evidence in that house they

evidence in that house they still can't explain.

Still can't explain. They found a head hair in the

they found a head hair in the bed.

Bed. It's not Tim hennis.

It's not Tim hennis. There is a pubic hair where the

there is a pubic hair where the rape took place.

Rape took place. >> What is male DNA doing under

>> what is male DNA doing under her finger nails?

Her finger nails? It's not Tim's.

It's not Tim's. There is male DNA under the

there is male DNA under the daughter's finger nails, not

daughter's finger nails, not Tim's.

Tim's. >> The prosecution and defense

>> the prosecution and defense agreed.

Agreed. Nothing else came back to

nothing else came back to Timothy hennis.

Timothy hennis. Under the fingerer nails that's

under the fingerer nails that's not his.

Not his. But what is is the vaginal swab.

But what is is the vaginal swab. >> To me male DNA evidence under

>> to me male DNA evidence under the finger nail of a woman who's

the finger nail of a woman who's raped is damaging evidence.

Raped is damaging evidence. Who is it?

Who is it? >> Narrator: The finger nail

>> narrator: The finger nail scrapings weren't enough for a

scrapings weren't enough for a full DNA profile.

Full DNA profile. So the defense asked to test all

so the defense asked to test all the crime scene evidence that

the crime scene evidence that might point to a different

might point to a different perpetrator, including a

perpetrator, including a blood-soaked towel.

Blood-soaked towel. >> Whoever had sex with her

>> whoever had sex with her didn't necessarily kill her.

Didn't necessarily kill her. You can't argue that whoever

you can't argue that whoever cleaned up the blood didn't have

cleaned up the blood didn't have something to do with it.

Something to do with it. Let's find out what happened.

Let's find out what happened. >> In the military, if you need

>> in the military, if you need a test done, you have to ask the

a test done, you have to ask the judge to make the army do it for

judge to make the army do it for you.

You. >> Narrator: The judge denied

>> narrator: The judge denied the defense's request to test

the defense's request to test other items.

Other items. >> I can't imagine a judge in a

>> I can't imagine a judge in a civilian court not allowing

civilian court not allowing that.

That. You had the evidence.

You had the evidence. Why not test it?

Why not test it? >> Narrator: Without DNA results

>> narrator: Without DNA results pointing to a different suspect,

pointing to a different suspect, hennis's lawyers decided to

hennis's lawyers decided to offer an alternate explanation

offer an alternate explanation for the incriminating sperm.

For the incriminating sperm. >> They threw out the theory

>> they threw out the theory that Tim hennis had consensual

that Tim hennis had consensual sex with Mrs. Eastburn within a

sex with Mrs. Eastburn within a day or so of the homicide.

Day or so of the homicide. >> You could feel the love

>> you could feel the love leaving the room.

Leaving the room. Everybody said, I don't think he

everybody said, I don't think he said that.

Said that. There are certain things you can

there are certain things you can do in front of a jury.

Do in front of a jury. Certain things you are can't.

Certain things you are can't. It would not have been how I

it would not have been how I would have done it.

Would have done it. >> Narrator: The 14-person

>> narrator: The 14-person court-martial jury declared

court-martial jury declared unanimously that Timothy the

unanimously that Timothy the hennis was guilty of murdering

hennis was guilty of murdering Katie eastburn and her children.

Katie eastburn and her children. The next task would be to decide

the next task would be to decide whether hennis deserved the

whether hennis deserved the death penalty.

Death penalty. >> When you have a man that for

>> when you have a man that for 25 years after this occurred did

25 years after this occurred did knnothing but raise his family,

knnothing but raise his family, serve in two wars, discharged

serve in two wars, discharged and married to the same woman,

and married to the same woman, why are you going to the look

why are you going to the look and say that's the monster?

And say that's the monster? >> He gives cookies to kids.

>> He gives cookies to kids. Doesn't make a difference.

Doesn't make a difference. >> We are not there to say how

>> we are not there to say how could he do it?

Could he do it? We are not there to say why did

we are not there to say why did he do it.

He do it. We are there to say he did it.

We are there to say he did it. >> The prosecution ended their

>> the prosecution ended their presentation with another slide

presentation with another slide show.

Show. >> Eastman counted out that

>> eastman counted out that birthdays he's missed with his

birthdays he's missed with his daughters.

Daughters. Anniversari

anniversari anniversaries.

Anniversaries. Baptism.

Baptism. One of my trial partners asked

one of my trial partners asked Gary what do you miss the most?

Gary what do you miss the most? With tears in his eyes he said,

with tears in his eyes he said, I just miss them.

I just miss them. >> On April 15, 2010, the jury

>> on April 15, 2010, the jury sentenced Timothy hennis to

sentenced Timothy hennis to death.

Death. >> Being vindicated for things

>> being vindicated for things when they got a not guilty.

When they got a not guilty. With the smiles and smirks you

with the smiles and smirks you see from people.

See from people. I do.

I do. Yes, sir, I do.

Yes, sir, I do. I feel vindicated.

I feel vindicated. >> Narrator: Tim now sits in

>> narrator: Tim now sits in solitary confinement at fort

solitary confinement at fort levinworth, Kansas.

Levinworth, Kansas. His appeals both in the military

his appeals both in the military and federal courts could take

and federal courts could take decades.

Decades. >> I still think Tim is

>> I still think Tim is innocent.

Innocent. But I'm not his lawyer now.

But I'm not his lawyer now. It would be improper for me to

it would be improper for me to say, all right, Tim.

Say, all right, Tim. Did you or didn't you?

Did you or didn't you? I'm dying to have that

I'm dying to have that conversation with him.

Conversation with him. How can you put a man to death

how can you put a man to death based solely on one piece of

based solely on one piece of evidence?

Evidence? Our country was formed on the

our country was formed on the premise that one person

premise that one person wrongfully convict sd a grave

wrongfully convict sd a grave injustice.

Injustice. >> I don't know what the outcome

>> I don't know what the outcome will be.

Will be. This is a good case.

This is a good case. >> I knew we were right.

>> I knew we were right. >> I think this is a good

>> I think this is a good system.