Do you agree with the military recalling a service member to face courts martial?

SGT Jim Z. — Fri, 06 Mar 2015 06:08:46 -0500

Timothy Hennis was tried and convicted won appeal and returned to Active Duty and then retired. Over 20 years later DNA linked him to the case. The Army recalled him and he was convicted at courts martial. We all know double jeopardy but the first trial was in state courts and of course the courts martial is federal.
http://www.fayobserver.com/military/timothy-hennis-seeks-relief-in-federal-court-former-fort-bragg/article_b57f3ef0-f7b6-57a3-8095-78734f397b3f.html

Response by LTC Private RallyPoint Member made Mar 6 at 2015 6:36 AM

LTC Private RallyPoint Member — Fri, 06 Mar 2015 06:36:50 -0500

Think we should all be held accountable and as long as there is no statue of limitations on the crime and no double jeopardy, those accused of crimes should be tried.

Response by CW5 Private RallyPoint Member made Mar 6 at 2015 7:05 AM

CW5 Private RallyPoint Member — Fri, 06 Mar 2015 07:05:41 -0500

Yes, I do agree that's the right move. If a person commits a crime while on active duty and then leaves active duty, they are still responsible for their actions - even though they're no longer on active duty. That's why authorities have the option of bringing the individual back on active duty -- to have them answer for the crime.

Response by 1SG Cameron M. Wesson made Mar 6 at 2015 7:23 AM

1SG Cameron M. Wesson — Fri, 06 Mar 2015 07:23:36 -0500

Absolutely!

Response by Sgt Aaron Kennedy, MS made Mar 6 at 2015 7:43 AM

Sgt Aaron Kennedy, MS — Fri, 06 Mar 2015 07:43:27 -0500

Having read the article:

1) He was convicted by a civilian court.
2) He appealed, and had his conviction overturned.
3) He rejoined the Army, retired as a MSgt
4) "new evidence" was found, and the military recalled him
5) He stood CM, and was convicted.

So... Should murderers pay for their actions? Absolutely.

Should the government pervert the system to go after the individual. Oh hell no.

The Double Jeopardy clause is there so they can't do this. They get one chance. Make your case, and if there is enough evidence, they can throw you behind bars. The military had their chance at the same time the civilian courts did. They chose not to exercise it.

CW5 Private RallyPoint Member I agree with the intent & spirit of your post, but the law which allows them to recall service members is not for the purpose of answering crimes. It's for national defense (mentioned in the article). As a retiree, imagine they recalled you on a charge, which you did not commit, 20 years after the fact. Your ability to fight the allegations are extremely hampered.

Response by COL Jean (John) F. B. made Mar 6 at 2015 8:02 AM

COL Jean (John) F. B. — Fri, 06 Mar 2015 08:02:50 -0500

Yes ... Without a doubt. Individuals who violated the law should be prosecuted in accordance with the law.

Response by MAJ Private RallyPoint Member made Mar 6 at 2015 8:04 AM

MAJ Private RallyPoint Member — Fri, 06 Mar 2015 08:04:37 -0500

Absolutely yes when no statute of limitations in the military.

Response by SPC David Shaffer made Mar 6 at 2015 8:19 AM

SPC David Shaffer — Fri, 06 Mar 2015 08:19:23 -0500

I say yes. You do the crime, you do the TIME!

Response by SFC Boots Attaway made Mar 6 at 2015 8:38 AM

SFC Boots Attaway — Fri, 06 Mar 2015 08:38:10 -0500

Yes, anyone who commits a crime no matter how long age should NOT get away with it.

Response by 1SG Private RallyPoint Member made Mar 6 at 2015 8:45 AM

1SG Private RallyPoint Member — Fri, 06 Mar 2015 08:45:08 -0500

Absolutely.
Not for minor things, mind you. But the example cited is a perfect case in point where it is appropriate. Otherwise, the Soldier in question just gets to go on with life claiming honorable service.

Response by SGM Erik Marquez made Mar 6 at 2015 10:32 AM

SGM Erik Marquez — Fri, 06 Mar 2015 10:32:15 -0500

Absolutely.. A General CM is not normally an ill advised recommendation to the Approval authority. They are not often used as the path unless the case is VERY strong, almost to the point of no down side or chance of loosing.

JAG folks may disagree and they of course see way more of the cases then most of us ever will.
My position is based on what I observed... I never saw a Gen CM that was not deserved and supported with copious evidence.

So if a service member is being recalled for a Gen CM..it needs to be done

Response by LCpl Mark Lefler made Mar 6 at 2015 12:39 PM

LCpl Mark Lefler — Fri, 06 Mar 2015 12:39:35 -0500

as long as there is no statue of limitation.

Response by Cpl Mark McMiller made Mar 6 at 2015 12:54 PM

Cpl Mark McMiller — Fri, 06 Mar 2015 12:54:43 -0500

If this guy is guilty, he's a scumbag. However, if the article got the pertinent law correct, the military no longer has jurisdiction.

Response by COL Ted Mc made Mar 6 at 2015 1:23 PM

COL Ted Mc — Fri, 06 Mar 2015 13:23:14 -0500

This appears to be a case of a "legal opinion" which resulted in a "creative" method of dealing with a situation that no one really liked in the first place.

If Mr. Hennis can be tried again, in a different court, because there is "new evidence" (which rationale is a large pile of well aged bovine excrement) - then there is no legal reason why he couldn't have been tried again, in a different court, WITHOUT the "new evidence".

The whole "new evidence" issue is raising a lot of problems. Previously "new evidence" would rarely be able to conclusively establish that someone who had been convicted was IN FACT not the person who did the deed. Now it can. Equally, "new evidence" would rarely be able to conclusively establish that someone who had been acquitted was IN FACT the person who did the deed. Now it can.

Maybe it's time to re-examine the whole concept of "new evidence"/"double jeopardy" with a view to making it easier to free the innocent and convict the guilty.

But let's stop manipulating the rules to come up with what appears to be the correct result.

Response by SFC Michael Jackson, MBA made Mar 6 at 2015 1:31 PM

SFC Michael Jackson, MBA — Fri, 06 Mar 2015 13:31:57 -0500

Tough one, but No
Although I truly believe in people being held accountable for their crimes, I do have a challenge with using the military courts as a tool to witch hunt and retry civilian cold cases.

Using the cross jurisdictions to undercut and deny the legal rights of a person of a person not to retried is deceptive and violates the spirit the double jeopardy in my view.

Response by PO1 Dustin Adams made Mar 6 at 2015 1:44 PM

PO1 Dustin Adams — Fri, 06 Mar 2015 13:44:55 -0500

I have to wonder looking at some of the responses how many people read the article before commenting?

Under usual circumstances I would say yes to recalling someone to Active Duty to be tried for a crime that was committed on Active Duty.

However this particular case has some specific issues. He was tried and convicted by a civilian court in 1986, that conviction was overturned on appeal in 1989. After the conviction was overturned he returned to Active Duty until retiring in 2004. In 2006 he was recalled to Active Duty to stand trial based on new DNA evidence.

Does the military still have jurisdiction after allowing the initial trial to be done by a civilian court (keeping in mind the military allowed him to return to Active Duty after the conviction was overturned on appeal)?

The law that allowed the military to recall him to Active Duty was passed after the initial trial but before he returned to Active Duty (part of the defense is the law can only be applied to charges after the date the law went into affect and since he had broken service it doesn't apply, another part is that the law is written as to allow the recall of reservists to face criminal charges where a separate statute only allows the recall of retiree's in the interest of national defense).

Now I'm not arguing whether or not he is guilty, but I do question whether or not the law was circumvented/liberally interpreted to allow the military to re-try this man.

Response by SSG Leonard Johnson made Mar 7 at 2015 1:53 PM

SSG Leonard Johnson — Sat, 07 Mar 2015 13:53:09 -0500

yep, sure do.

Response by SFC Walter Mack made Aug 6 at 2015 9:25 PM

SFC Walter Mack — Thu, 06 Aug 2015 21:25:40 -0400

We had a Soldier that was tried and convicted at courts martial, then discharged. He was recalled because the judge somehow forgot that he had already passed sentence in the case or some such nonsense. The Soldier was recalled to active duty, tried for the same crime again, then discharged again. The dumbest goat rope I've ever seen. No one in the CoC could believe what was going on with this poor guy.

Response by Sgt Dan Catlin made Jun 15 at 2019 8:30 AM

Sgt Dan Catlin — Sat, 15 Jun 2019 08:30:55 -0400

So the real issue in your post is the double jeopardy incurred when tried at court martial after being found innocent in a state court. The link didn't work, so I don't have all the information. But since civil law and the UCMJ are two different legal codes I'd say double jeopardy would probably only apply if tried again under the same set of legal codes. I'm sure his lawyer brought this up, and apparently it was ruled it can be done. Do I agree with doing it?

Yes.

Response by CSM Darieus ZaGara made Jun 15 at 2019 10:17 AM

CSM Darieus ZaGara — Sat, 15 Jun 2019 10:17:53 -0400

Yes I agree, when we retire we continue to be paid by DOD budget. It is retention pay of sorts. If he would have been innocent we would not be talking about this. Thank you for your service.

Response by SSgt Rachel Shelley (Cook) made Jun 20 at 2019 9:02 PM

SSgt Rachel Shelley (Cook) — Thu, 20 Jun 2019 21:02:53 -0400

Yes. Absolutely. Double jeopardy only applies when the case is tried again with the same evidence in the same court. If it is a different court, say civil vs criminal court, it can be tried again. If it is in the same court, it must have brand new evidence that ties him to the crime. In this case, he has both a new court and new evidence. Double jeopardy does NOT apply. He should be tried again.