VIRGINIA BEACH
Concluding two days of new testimony 13 years after a notorious Oceanfront murder, ex-Navy SEAL trainee Dustin Turner's lawyer argued Thursday that a confession by Turner's co-defendant is believable because he has no reason to lie.
Turner's onetime SEAL "swim buddy," Billy Joe Brown, "said he was only here for one reason - salvation," lawyer David Hargett told the court. "And he doesn't get there by lying. He gets there by telling the truth."
Citing his conversion to Christianity, Brown testified Wednesday that he was solely responsible for the death of Georgia college student Jennifer Evans outside an Oceanfront bar in 1995, contrary to his claim in his 1996 trial that Turner was the killer.
Assistant Attorney General Robert Anderson, arguing for the state, said Brown's confession is undermined by his
history of inconsistent statements and is not enough to meet the high standard of evidence imposed by Virginia law.
Turner, 33, has long contended that he is innocent in the slaying of Evans, who was vacationing in Virginia Beach with friends. He petitioned for release after Brown, 35, took full responsibility for the murder in a 2002 prison interview.
Initially, each man blamed the other for the crime. In two heavily publicized jury trials, Turner was sentenced to 82 years in prison, and Brown 72 years.
Turner is seeking a "writ of actual innocence" under a 2004 law that allows prisoners to present newly discovered nonbiological evidence of innocence. No one has been released under the law so far, and only a handful of cases have reached the stage of a hearing such as this one.
To win release, the law says a prisoner must present evidence so persuasive that "no rational trier of fact could have found proof of guilt beyond a reasonable doubt."
Family members of Turner and Evans attended the two-day proceeding. Delores Evans, the victim's mother, dabbed her eyes occasionally during the sometimes graphic testimony.
"This is the way our judicial system works," she said during a break Thursday. "But it's unfortunate that Jennifer hasn't had 13 years to file appeals and to have a second chance."
Turner admits he is guilty of being an accessory after the fact - a misdemeanor punishable by no more than a year in jail - because he helped Brown dispose of the body and cover up the crime.
"I'm not proud of what I did," he testified Thursday. "I wish I could have somehow prevented her death."
Circuit Judge Frederick Lowe has 30 days to rule on the credibility of Brown's confession. It will then be up to the Virginia Court of Appeals to decide whether to release Turner.
Bill Sizemore, (757) 446-2276, bill.sizemore@pilotonline.com
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the worlds gone mad
it is absolutely terrifying to me that we live in a world where watching some drunken monster put his hands on and strangle a young girl to death, watch him violate her after she was dead, drive the vehicle to a location with the intention to dump her body there, help carry the body, help cover the body up with debris and then not report it or try to prevent it at any point is nothing more than a MERE misdeamenor. in my opinion, he is just as guilty as if he had done it himself. how anybody in their right mind could defend him at all is nauseating. and as far as "helping his swim buddy" goes, if he was really interested in looking out for his swim buddy he would have stopped him from doing something so absolutly heinous. both of them deserve nothing less than the death penalty..
Wish Again
He said, "I wish I could have somehow prevented her death." I believe he had a chance to and failed to act to save her. Stay in prison...
try_shadowblade--huh?
"I can understand helping a buddy ditch a body under certain circumstances"...and just what would those circumstances be???
An example to others . . .
I can understand helping a buddy ditch a body under certain circumstances, but this was a GIRL and it was obvious that his buddy wrongfully murdered her. By helping him, he was far more than a mere "accessory after the fact" -- no, this degenerate was actually condoning this girl's victimization through his actions, so he shares full responsibility. Rot in the dungeon FOREVER, dirtbag! You disgust me.
I'll keep it brief this time...
my previous coment was deleted by the moderater but I'm not sure why.
Dustin deserves lesser than Brown, but not by much. His actions were also without conscience.
He deserves more time in prison to re-evaluate what his future held and what choices he made to disolve the opportunities ahead of him
authorities...lol
authorities...lol
To bad that Dustin Turner
To bad that Dustin Turner could not get a fair trial in 1996. With the collusion of the athorities and all of the untrue stories that were released by the investigators and reported by a pathetic media. Never was there a retraction as the lies grew and the stories changed. It is a wonder that the public got sucked into the story and refused to see that the incredible story that public servents were telling were absurd.
Wake up VA Beach.......think about it.
Keep them both behind bars
I hope Judge Lowe sticks this guy back in State Prison! He may not have strangled Ms. Evans but he did NOTHING to stop it! He even helped hide the body and cover up the crime. If he was worried about spending the rest of his days locked up he would've done the right thing by stopping his "buddy" and IMMEDIATELY reporting what happend to police! PERIOD END OF STORY! He chose his fate, let him deal with it.
Terroists cry foul because Koran was ..... on.
These Seal wanna-be's didn't qualify yet...and they probably wouldn't have qualified because they lacked judgement....but a beautiful young girl was murdered because one of these guys tried some strong arm on her and it worked....and his "brother swim partner" put him into a no-win position...he did what he thought best at the moment...and remember this was the moment....and later co-operated with local police to find the body of the victim....because he knew he had done wrong....now the murderer wants to confess and do the right thing...since when was that wrong?...since when do we throw away the key? we don't and we shouldn't in this case eithier
Since when do we give people who want to kill you and your family more rights than our citizens?
"not enough to meet the high standard of evidence"
Disregarding Turner, it is interesting to note that the AG's office is arguing that Christianity is not credible.
If they don't believe Brown, shouldn't they charge him with perjury later?
No Sympathy
I have no sympathy for either of these low-lifes. Jail is too good for them.
Turner should also seek 'salvation'...
...by accepting his punishment like a man...but wait, he isn't a man. He's a pathetic excuse for a human being.
Let him rot
I do not believe that either one of those sorry excuses for human beings deserves to be set free. You do not sit and watch someone choke the life out of another and claim to be innocent. He watched her die, dumped her body, and lied to police. It does not make one difference that his hands were not around her throat, he watched!!!
HE NEEDS TO ACCEPT HIS PUNISHMENT
Wasn't the young girl that was killed studying to become a doctor? What about all the patients she might have saved if her life was not snuffed out by the psycho and his helper.
He didn't kill her, but he helped cover it up. He needs to remain in jail.
Just as guilty
Had Tuner, the moment he was aware that his buddy had killed the girl, driven to a hospital or called the police...then maybe he would have a leg to stand on...otherwise he's just as guilty as his partner in this horrific crime. He needs to finish out his term.
YES-ME-AGAIN
Turner was there and didn't do anything to stop his so called friend from killing the poor women. He also needs to rot in jail!
Turner is a scum piece of garbage and is where he should be.
He did nothing to stop Brown and he not only drove but helped "dump" Jennifer's body in some woods. We don't need people like him walking around in public. Think about it, his next victim may be someone YOU love or care about. Evidently life is cheap to him and he finds nothing wrong with sitting back and watching his "buddy" kill an innocent girl. Both of these scumbags should only get out of prison in a casket.