The FayObserver reports that lawyers for Timothy Hennis have asked a military judge to grant a new court-martial. A hearing has been tentatively scheduled for January. Hennis was sentenced to death in April for the 1985 killings of a Fayetteville woman, Kathryn Eastburn, and her two daughters. The court-martial was Hennis’ third time standing trial for the killings. Hennis was originally convicted of the killings in a civilian court in Fayetteville in 1986 and sentenced to death. He won an appeal and was acquitted at a trial in 1989. The Army began its prosecution after a 2006 DNA test linked Hennis to semen collected from the victim in 1985.
The decision to proceed with the court-martial is currently the subject of a federal appeal. A copy of the brief filed in that appeal is available at Caaflog.