Posted on 08/18/2007 7:00:37 AM PDT by brityank
Being innocent of a civilian charge does not mean that your behavior was favorable to the military...and unfavorable conduct to the military can cost you a court martial without being “double jeopardy” in regards to a civilian crime.
Yeah; I put six and a half in the USNavy, so I'm aware of that. The surprising thing is, he was a Sergeant when arrested the first time, then went back in after his release from death row and exoneration, and moved all the way up to the top of the enlisted ranks before retirement. I'm damn sure that if he was screwed up, he wouldn't have made it back in, or would have been cashiered/Article 15'd "For the Good of the Service" long ago.
Nothing seems to make sense that he's the killer. JMHO.
I’d rather a few get away with a crime than a majority to loose their rights .Back door jeopardy,imo.
“Last year after a detective reviewing the case uncovered DNA evidence that couldn’t be tested using technology available in the mid-1980s.”
Nothing like a cliff-hanging incomplete sentence to get the old appetite for better writing in gear, is there?
On civil rights violations, not the original charges.
Maybe that’s how this is going to be spun.
So far, what I've found doesn't give me any warm fuzzies that the DNA is anything more than a cursory match. They had blood, hair, and semen samples; they collected blood, hair, and saliva samples from Hennis that week. Since the prosecution's witness testified that the matches were inconclusive, I doubt the defence spent much time digging further. You and I have as much in common at the base levels.
But then we find that the prosecution withheld evidence -- a hair sample that didn't match anyone, and the clothing of another possible suspect. The "bloody footprints" were stated as a size 9, Hennis wears 12's. His jacket had no blood stains/spatter, and dry-cleaning does not clean away blood.
Hennis' legal team brought a motion for prosecutorial misconduct, that they dropped when the jury found him not guilty. Additionally, Hennis' legal team decided not to sue the state, as without someone else being charged and convicted that would give them a third crack at convicting him, a chance they were unwilling to take.
The prosecutor screwed up, and is pushing whatever he can to get back. If they haven't followed up with the other evidence they withheld, then they should be tried and sentenced to the same jail term Hennis was. In retrospect, maybe had he sued the state and won, none of this would have happened.
Just my scrawny web-enhanced opinion. :^)
It isn’t double jeopardy. Two different jurisdictions. State and Federal.
Have to get the PC wheels spinning to prove how ‘fair’ we are .
This smells fishy , he’s been in for all these years then he gets out and they decide to do this ?
What a crock !
This is some very strange stuff. Coming on Nifong’s heels, especially.
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