A federal appeals court has affirmed a judge's refusal to intervene in the case of a former Fort Bragg soldier on the military's death row for killing a mother and two of her children.
A three-judge panel of the 4th U.S. Circuit Court of Appeals on Tuesday unanimously rejected a claim by Timothy Hennis that the extraordinary circumstances of his case warrant federal court intervention in the military criminal case. In doing so, the court upheld a decision by U.S. District Judge Terence Boyle in Raleigh.
Hennis was first convicted in of killing Kathryn Eastburn and her 5- and 3-year-old daughters in 1986. That conviction was overturned on appeal, and he was acquitted in a retrial in 1989. He later was convicted in military court. Hennis has maintained his innocence.