15 June 2007

Not Double Jeopardy

An Associated Press report appearing at WRAL.com on 9 June, updated on 10 June, reports on an Article 32 investigation for a retired Army Master Sergeant who was recalled to active duty to face charges of murdering the wife and two children of an Air Force captain in 1985. According to the report, MSG Timothy B. Hennis was convicted of the offenses in 1986 and sentenced to death. The North Carolina Supreme Court overturned the conviction and he was acquitted at his second trial in 1989.

Apparently during a cold case review, investigators were able to perform DNA testing on evidence collected at the crime scene that linked the offense to MSG Hennis. Local prosecutors, barred by the Double Jeopardy Clause from retrying the case, turned the case over to the military. The Article 32 investigating officer recommended trial by court-martial.

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