army to do it for you. >> but the judge denied the request to test other items. >> i cannot imagine a judge in a civilian court not allowing that. you have the evidence, why not test it. >> without dna results pointing to a different suspect, hennis' lawyers decided to the offer an alternate explanation to the sperm. >> in the end they threw out the theory that tim hennis had consensual sex with mrs. eastburn. within a day or so of the homicides. >> and when he said that, you could feel the love leaving the room. everybody went, i don't believe he is saying that. >> there are certain things that you can do in front of the jury, and certain things that you can't. it is not how i would have done it. >> the 14-person court-martial jury declared unanimously that timothy hennis was guilty of murdering katy eastburn and her children. and the next task would be to decide if hennis deserved the death penalty.