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A military judge in North Carolina will have to decide whether to allow testimony from two witnesses who identified an Army sergeant recalled to duty after retirement so he could be tried for a 1985 triple slaying.
Defense attorneys for Master Sgt. Timothy Hennis sought Tuesday's motion hearing to ban testimony from the two eyewitnesses as unreliable.
Hennis is accused of killing 31-year-old Kathryn Eastburn and her two daughters at their Fayetteville home.
The Fayetteville Observer reported one witness selected Hennis in a photograph as the man outside Eastburn's home after the killings and the other claims Hennis used an ATM card that belonged to the victim.
Hennis is scheduled to be tried in February for a third time. He could face the death penalty if convicted.

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