and that is timothy hennis'.ut the state lab said that the dna would be mixed up, and they were mixing up the samples and were mixing up the samples and almost put an innocent guy in i love my shows, sit around all day. that's why i have xfinity. their cloud based dvr lets me take everything i recorded, anywhere i go. which is perfect for me, [whispering] because i have responsibilities. ...i mean that's really interesting, then how do you explain these photos?! [people gasping] objection your honor. sustained. with the x1 dvr library you could take anywhere, xfinity is perfect for people on the go. not tim's. >> and nothing else came back to timothy hennis. underneath the fingernails is >> and the fingernail scrapings weren't enough for a full dna profile, so the defense asked to test all of the crime scene evidence that the might point to a different perpetrator including a blood-soaked towel. >> now, who had sex with her did not have necessarily kill her, but whoever cleaned up the blood might have had somethi

>> two years after he retired, timothy hennis was re-called to active duty. returned to ft. bragg, hennis was charged with three counts of murder. >> tim hennis is the only person in united states history who's been tried for his life three times after guilty and not guilty verdicts. >> i can't comment as to why it has not happened before. however, the legal analysis of it actually was pretty simple. >> it is honestly well-settled law. nothing the state does affects what the federal government can do. >> they can claim it's under a different jurisdiction all they want. this was the state of north carolina using the army to get to what they wanted to do. plain and simple. >> with billy richardson now on the sidelines, the court-martial of timothy hennis commenced on march 17th, 2010. the prosecutor's case hinged on the dna results. >> the sperm found in the vagina of ms. katherine eastburn raped her and slaughtered her children. >> but when a scandal erupted at the state lab, the dna evidence against hennis would be thrown into question. >> they were mixing up