Timothy Hennis is, as of this morning, still on the DPIC's notorious "innocence list." He was convicted of rape and three counts of premeditated murder in North Carolina in 1986. Following reversal on appeal, he was acquitted on retrial in 1989. That means only that the jury did not find the evidence available at the time of retrial was sufficient to meet the high burden of proof beyond a reasonable doubt. It does not mean Hennis has been shown to be actually innocent, as the DPIC list is so often wrongly cited.
At the time of the crime, Hennis was in the Army. The victims were the wife and children of an Air Force officer who was away on temporary duty. A service member's worst nightmare is that something terrible will happen to your family while you are "TDY." After the retrial, Hennis resumed his military career and retired as a master sergeant.
Time and forensic technology move forward. In 2006, a cold case review matched Hennis's DNA to the semen from the rape. The Army recalled him to active duty to face court-martial charges. Under the dual sovereignty doctrine, the North Carolina acquittal does not preclude charges by the United States, a different sovereign.
However, Hennis claimed a "break in service" precluded a court-martial for conduct occurring during an earlier term of service. The military court system rejected his attempt to stop the trial on that ground. Hennis then petitioned the federal district court for a writ of habeas corpus.
While the civilian courts have jurisdiction to hear such challenges, that jurisdiction is sparingly exercised. Schelsinger v. Councilman, 420 U.S. 738 (1975) sets out a principle of restraint analogous to the exhaustion rule governing federal habeas petitions by state-court defendants. Yesterday, Judge Terrence Boyle denied the petition under Councilman. AP has this story.
At the time of the crime, Hennis was in the Army. The victims were the wife and children of an Air Force officer who was away on temporary duty. A service member's worst nightmare is that something terrible will happen to your family while you are "TDY." After the retrial, Hennis resumed his military career and retired as a master sergeant.
Time and forensic technology move forward. In 2006, a cold case review matched Hennis's DNA to the semen from the rape. The Army recalled him to active duty to face court-martial charges. Under the dual sovereignty doctrine, the North Carolina acquittal does not preclude charges by the United States, a different sovereign.
However, Hennis claimed a "break in service" precluded a court-martial for conduct occurring during an earlier term of service. The military court system rejected his attempt to stop the trial on that ground. Hennis then petitioned the federal district court for a writ of habeas corpus.
While the civilian courts have jurisdiction to hear such challenges, that jurisdiction is sparingly exercised. Schelsinger v. Councilman, 420 U.S. 738 (1975) sets out a principle of restraint analogous to the exhaustion rule governing federal habeas petitions by state-court defendants. Yesterday, Judge Terrence Boyle denied the petition under Councilman. AP has this story.
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