Up periscope

Here’s a catch-up on some recent news items.

CAAF, ACCA, and CGCCA have issued some published opinions.  Thanks CAAFLog for the following items on cases.

United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam).  The opinion is available here.

On 28 December, Master Sergeant Timothy Hennis (Ret.), who faces a capital court-martial at Fort Bragg, filed a petition for writ of habeas corpus in the United States District Court for the Eastern District of North Carolina.  Hennis v. Helmick, No. 5:09-hc-02169-BO.  Copy of the amended habeas petition here.

United States v. Hennis.

A military judge in North Carolina has postponed for a fifth time the court-martial of a retired soldier forced back into the Army to face triple-murder charges.

The 51-year-old Hennis was convicted of killing Kathryn Eastburn in 1985, but was granted a second trial and acquitted. He resumed his Army career and retired in 2004.

The military recalled Hennis to duty and charged him again after civilian investigators reported that DNA testing linked him to the crime.

WRAL.com reports.

1st Lt Behenna:  The Army Clemency & Parole Board “has reduced the sentence for an Edmond soldier to 15 years confinement.”  KOCO.com reports; Army Times reports.

Fort Lewis case:

Holding back tears during his court martial today, Pvt. Timothy Bennitt recalled waking up next to girlfriend Leah King in his bed at Fort Lewis around 3 a.m., Feb. 15.

He said King, a 16-year-old Lakes High School student, lay motionless on his arm. “Leah was cold,” Bennitt, 20, testified today, during the third day of his court martial at Fort Lewis. “She was stiff. She had vomit coming from her mouth.”

It was the first public testimony that Bennitt, whom the government is charging with involuntary manslaughter, has provided in a courtroom regarding that tragic night.

News Tribune reports.