VIRGINIA BEACH
Imprisoned ex-Navy SEAL trainee Dustin Turner got a major boost in his bid for freedom Wednesday 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 state 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," David Hargett, Turner's lawyer, said Wednesday. "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."
Commonwealth's Attorney Harvey Bryant said he was disappointed in the ruling but sees it as a turning point in the case: "I don't see that there are a lot of options now. It would appear that the conviction is going to be vacated."
Turner and Brown were convicted in two highly publicized jury trials in 1996 after prosecutors acknowledged that they couldn't prove which man killed Evans. Turner was sentenced to 82 years in prison and Brown, 72 years.
At the time of the trials, each blamed the other. Brown changed his story in 2002, saying he had become a Christian and couldn't let an innocent man continue to pay for the crime.
Brown reiterated his confession on the witness stand at a hearing before Lowe last month.
Turner has claimed innocence since the murder, acknowledging only that 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.
In announcing his ruling, Lowe said assessing a witness' credibility is "probably the most difficult task any finder of fact must struggle with." He said he had carefully reviewed the evidence in the case and found that, while largely circumstantial, it was consistent with Brown's current version of events.
For Turner's family, Wednesday's ruling was a milestone in a 13-year campaign to win his freedom. They have depleted their retirement funds, double-mortgaged their home and borrowed money from family and friends to pay legal bills, which have topped $200,000.
"This is the first time we've ever had anything go our way," Larry Summitt, Turner's stepfather, said after the ruling.
Linda Summitt, Turner's mother, was instrumental in bringing Brown's confession to light. When she learned in 2002 that he had found religion and was ready to confess, she hired a lawyer to take his statement. She also secured corroborating statements from two former cellmates to whom Brown had confessed over the years.
But she soon learned that wasn't enough to open the prison doors. Virginia courts were still governed by a rule that prohibited introduction of new evidence in a criminal case beyond a 21-day window after sentencing - the toughest such rule in the nation.
So Summitt joined lobbying efforts aimed at getting the rule eased. She spent days on the Oceanfront passing out pamphlets and getting signatures on petitions. She established a Web site with an online petition. Those efforts bore fruit with the General Assembly's passage of the new law in 2004.
"We've never given up hope," she said Wednesday.
Delores Evans, the victim's mother, said even if Brown is telling the truth now, she is still not convinced that the slaying occurred so quickly that Turner was powerless to prevent it.
"There are too many questions still in my mind," she said, adding that she and her husband, Al, "still think that the original trials had it right - that both men were equally guilty under the law."
Bill Sizemore, (757) 446-2276, bill.sizemore@pilotonline.com
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Judge Lowe
Anyone who has practiced before Judge Lowe knows that he would not make such a decision without great consideration of all the evidence before him. Judge Lowe did not create the 2004 law allowing him to consider new, non-biological evidence. He is simply applying that law. My heart goes out to all of the families involved in this tragedy. However, to blame the Judge, especially THIS Judge, for doing his job is ridiculous.
The fact is that Turner is
The fact is that Turner is not a murderer and that is what he was convicted of. He had no idea that the girls life was in danger. He did make a terrible decision in helping to dispose of the girls body but shouldn't spend the rest of his life in jail for it. He also didn't "let it happen" like some of you would like to believe. There is so much more to this story than what the media tells you.
Emotion is Logic’s principal enemy
The CW proceeded with 2 trials because through their investigation they couldn’t decide who did it. If they would have been able to decide that they would offered Turner a deal in exchange to bolster their case against Brown. Instead, they got a two MURDER convictions/life sentences for a murder only one person could have committed. Now, we have 1 man admitting full responsibility (be it for religious reasons or that he wants the chance to get downgraded to a lower security facility), and another that should NOT have been an accomplice after the fact but who has spent a DECADE in jail for a TERRIBLE decision. Based on the CW Attorney’s own statement I believe deep down he believes justice is being served. After all isn’t that the whole objective? Tonight’s execution was warranted based on the interests of justice…but based on the same principles, this conviction should be overturned.
Interesting...
For those who feel Turner has little or no culpability in the death of another human being...I ask how another man is sitting in prison for 25 years for murder. Mr. Green, recently executed for killing a man, and his nephew only went their to rob the man, Green killed him, the other just watched...they both ran. He didn't kill anyone...but he got 25 years for murder, not robbery. Interesting...
Justice
I agree with a previous poster who noted that Turner acted voluntarily to dispose of the body. No one held a gun to his head. He was also the one who put the victim in the company of the murderer in the first place. He obviously had enough judgment--in his case, cunning--to coax an intelligent woman to his car. I remember what a chilling effect this event had on trust among the sexes. By his deceit Turner has proved himself a degenerate who should never again be trusted among civil society. Every SEAL and man who ever enjoyed the company of a woman at a dance or bar should celebrate the the execution of such a person. The only law that needs to be modified is one that provides a mere year in prison for being an accessory to murder.
To the commentators that truly haven't a clue
Stop posting immediately. You evidently weren't even reading a paper as this case evolved in 95/6. I'm not even sure you are comprehending what is going on right now. I truly feel for the parents and families of all involved but we still live in a country based on laws, not gut wreching feelings and emotions, (I think.) The judge, In my opinion, is handling this as a judge should. Without the emotions of people with very few of the facts making themselves look pretty dumb to those who were close to the individuals involved and case. Dustin Turner was in the wrong place, at the wrong time, and covered a "friend's butt" for all the wrong reasons, however he has been punished and his life wasted in prison will not bring Jennifer back. Brown on the other hand should never see the light of day again. Remember him? The killer. Punish the killer to the fullest extent of the law.
perrya is right
The two of them should have been hung years ago.
To michaelm130
Ok, that's a good idea -put speeders in jail just like our folks with DUI's. Do you realize how crowded our jails are by them already? I think folks with DUI's need to be forced into a lengthy program (1 year at least) to learn how to live life without abusing substances and/or alcohol. Turner watched Jennifer Evans die and did nothing... He belongs in jail.
Ruling ex-navy seal
This guy gets a year for watching a murder of a girl and helping in the cover up. This is a human being, while Mike Vick gets 2 years plus for dogs. am I missing something about the value of human life?
HOW ABOUT (REDUX)....
Retrying him for the correct crime would be a waste of the taxpayers' money - he's already served more than the maximum sentence for the crime he should have been tried for. The courts are not going to sentence him to another year.
And the commenter who believes Jesus preached "an eye for an eye" needs to reread Matthew. Jesus didn't preach that at all. He preached forgiveness and very specifically told those who cited the "eye for an eye" law that instead they should turn the other cheek or go the extra mile with their tormentor.
how about...
...they pardon him for the wrongful conviction then retry the guy on the correct charges?
Look, I agree that this guy should rot for allowing the girl to die, but I also believe in due process. If he was wrongfully convicted he deserves a new trial.
jmo
Dustin Turner
I cannot believe that a person can help "dispose" of a murdered person and only serve one year in prison. But, that was not Mr. Turner's only crime. He literally watched Jennifer Evans be murdered. He never helped prevent her death. He watched his friend kill her, and while his friend was asleep in the back seat of the car, he drove approximately 45 minutes (enough time to have thought of consequences) and picked a place to dispose of her corpse. So, really, if Jennifer was your child, sister, spouse, etc., would you say he has paid for his crime? My answer is no. He should continue to serve time in prison.
Justice
I hope all of you that have passed judgement on today’s ruling sat through the entire proceedings and listened to both sides. What a shame it would be that some people would assume such terrible things about our legal system when Judge Lowe did exactly what he should have, which is follow the law. Some of you should educate yourself on this case fully before making such ignorant comments.
Not guilty of Murder...
If Dustin Turner did not participate in the killing of the young lady he should not be punished for it. He should definitely pay for the fact that he tried to cover it up. Someone cannot be punished for a crime that they did not commit. This would be like convicting all of the passer-bys with hit and run charges because they did not help the man 78 year old man in Connecticut as he lay in the street after being struck. As for Billy Joe Brown, he should be executed immediately and he should willingly accept it… for if he really found Jesus while in jail, he should believe in an eye for an eye.
Justice or Injustice?
There are clearly major problems with our governmental laws but when someone pleads guilty to being an accessory to MURDER and the maximum sentence is 1 year in jail these laws need to be looked over more carefully. Where is the justice when being an accessory to MURDER carries the same penalty as a possession of marijuana 2nd offense?
I think these commentors
I think these commentors should be thrown in jail for stupidity. The law punishment for the crime he actually did was one year. So the next time one of these comentors gets a speeding ticket, instead of a fine, lets keep them in jail like a DWI at least we can keep them off the roads like our drunk friends
Good luck Mr. Turner
This man spent a long time in prison because the jury didn't see through the killer's lies. Let him out now. He lost a good part of his life and should be compensated. Could it be that once again, as a couple of days ago, more value is being placed on the loss of life of a young girl as opposed to older people or males? In this case I think the fact that she was a young woman makes people feel they can claim that he should get life in prison simply for sitting in a car. I doubt the comments would be the same if it was a different victim.
Jennifer Evans
That young lady was her parents' only child. Think about that. She was also planning on attending medical school. No telling how many lives she would have saved or made better as a doctor. We'll never know. All because these two fools participated, maybe in different capacities, but participated none the less, in the taking of her life. They should both rot in prison. I wonder - has anyone asked Mr. and Mrs. Evans how they feel?
let out of prison/let him rot in prison
are you people insane this guy has admitted to helping in the disposal of this girls body , clearly he is guilty of helping in the murder of this person , whether he did the actual murder or not he helped ,any judge in this state that lets this guy out of prison ,should have his head examined , keep this idiot behind bars and let him rot there , both of them should have gotton the death penalty ,
Rot In Jail
This guy didn't lift a finger to stop the death of Jennifer Evans. In my mind he is just as guilty as Brown is and should not be released.
They both should have been
They both should have been given the death penalty and executed long ago
Totally wrong. .
This piece of human debris should rot in jail next to his killer buddy. I'm shocked and saddened a judge would consider this.
Huh?
Covering up a (major) crime and helping dispose of a body is only a misdemeanor? Gotta love our system.
Not sure what to beleive
I recall this night well. I was indeed there at the club where she disappeared. However, I didn't see her or the other 2 guys, but it was a wake call for me & my friends who always went out to various oceanfront clubs. It made us more aware of our surroundings, that's for sure. I couldn't beleive then that this was real and it's just as hard for me now to think any of this is real - but it is. This girls life was ended way before her time and someone should in deed pay, but who is the question?!?! My thoughts and prayers go out to the family during this time, it must be so heart wrenching to have all this brought up again in such a horrible way. xoxoxox
Accessory after the fact?
I suppose sitting in the car watching the victim struggle for breath while being strangled, and doing nothing to save her life should qualify him for samaritan of the year award for simply leading authorities to her dead body? After all, this poor innocent man did absolutely nothing to harm the victim, he just watched. After the fact indeed.