Dustin A. Turner

Judge rules Billy Joe Brown's confession is credible

Appeal process will now begin!

From Virginian-Pilot, June 25, 2008 by Bill Sizemore

Imprisoned ex-Navy SEAL trainee Dustin Turner got a major boost in his bid for freedom today when a judge ruled that his onetime SEAL "swim buddy," Billy Joe Brown, was credible in his confession to an infamous 1995 Oceanfront murder.

Circuit Judge Frederick Lowe's findings will be a key consideration when the Virginia Court of Appeals rules on Turner's petition for release. Turner filed the petition after Brown said in a sworn statement that he alone was responsible for the choking death of Georgia college student Jennifer Evans outside a beach nightspot.

If the appeals court rules in his favor, Turner would be the first Virginia prisoner released under a 2004 law allowing consideration of new nonbiological evidence of innocence after sentencing.

Both sides in the case said Lowe's ruling makes it likely that Turner will be freed.

"The court today has given justice a chance to prevail," said David Hargett, Turner's lawyer. "We still have one hurdle to overcome, but this ruling today provided us a gateway to make our case to the court of appeals that Dusty is innocent. We're confident the court will agree."

Click picture above to see more of Dusty's artwork

In September 1996, in the Virginia Beach Circuit Court, Dustin Turner (age 21) was convicted of the murder of Jennifer Evans. Dusty was sentenced to 82 years in prison without the possibility of parole.

The person who actually committed the crime had been previously convicted of Jennifer's murder in the Virginia justice system. That person was Billy Joe Brown. Dusty and Billy Joe had been swim buddies during their SEAL training with the US Navy. Both men were in the last phase of training at the Fort A.P. Hill SEAL training center in Bolling Green, VA.

Writ of Actual Innocence now filed with Court of Appeals

Dusty transferred to Powhaten Correctional Center after false accusation of escape attempt

Attorney David Hargett preparing to petition the courts with Writ of Actual Innocence

Visit again soon to see and hear about our latest efforts to win Dusty's release.
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Revised on July 2, 2008

Dustin A. Turner

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