Dustin A. Turner

Virginia court to consider ex-SEAL trainee confession

05:18 PM EST on Tuesday, November 18, 2008

Associated Press - Courtesy WVEC-TV

RICHMOND (AP) -- The Virginia Court of Appeals has decided to hear oral arguments in a former Navy SEAL trainee's bid to be exonerated after spending 13 years in prison for a murder he claims he didn't commit.

Click here for video from WVEC-TV

Dustin Turner of Bloomington, Ind., is seeking a "writ of actual innocence" based on another former trainee's sworn testimony that he alone killed vacationing Emory University student Jennifer Evans in Virginia Beach in 1995. A circuit court judge in June found Billy Joe Brown's confession credible, putting the matter before the appeals court.

In a recent order, the appeals court directed Turner's lawyer and the attorney general's office to file briefs. After that's done, the court will schedule oral arguments -- probably early next year.

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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.

Visit again soon to see and hear about our latest efforts to win Dusty's release.
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Revised on November 20, 2008