in which he sought to have the court overturn the ruling of the military judge at his sentencing rehearing to the effect that Life Without Parole (LWOP) is not an authorized sentence in his case. Alternatively, the petitioner requested that this court direct the military judge to grant the petitioner’s motion allowing him to waive his right to clemency and parole following sentence, so that he can more easily reach a pretrial agreement with the convening authority.

Court recessed at 5:40 p.m. after the jury deliberated for more than two hours and also waited for the answer to three questions, including whether Master Sgt. Timothy Hennis would be eligible for parole if given a life sentence. Judge Col. Patrick Parrish told the jury that “life means life” and reminded jurors of his instructions to impose a sentence they view as fair. Before he answered the jurors’ questions, Parrish heard arguments about whether a life sentence would actually means life. While he agreed with the government that Hennis could receive parole, he also agreed with the defense that the chances of that were “slim and none,” given the 52-year-old Hennis’ age and the nature of the crimes. He agreed that the defense had opened the door to the question with its closing argument that jurors knew Hennis would at least spend life behind bars. He declined to answer the question with any specifics, however, saying the various answers had too many permutations. He did say that he would consider any further arguments when deliberations are scheduled to resume Wednesday morning.