Judge says Navy SEAL\'s confession is credible
http://www.washingtonpost.com/wp-dyn/content/artic [2008-6-27]
Tag : navy seal
Dustin Turner and fellow trainee Billy Joe Brown were sentenced tolengthy prison terms for the 1995 murder of Jennifer Evans, anEmory University student. But Brown testified last month that hehad become a Christian while in prison and decided to admit that healone committed the killing.
Circuit Judge Frederick Lowe said a state appeals court shouldconsider whether Brown's recent confession would have changed theoutcome of Turner's trial.
"This court decides that Mr. Brown's candid testimony is credible.Mr. Brown testified falsely at his own trial," the judge said.
Lowe called the evidence used to convict Turner "largely if notentirely circumstantial."
"Mr. Brown is credible in his assertion that he acted independentlyin murdering the victim," Lowe said, as an unemotional Turner, 33,watched quietly from the defendant's table.
Afterward, attorney David Hargett called the decision a "gateway"to freedom for Turner.
"We're confident the court of appeals will see the same thing thatwe and other people have seen, that he's innocent," Hargett saidoutside the courtroom, as Turner's family members cried andembraced.
"We've never given up hope," said Turner's mother, Linda Summitt.
Evans, a premedical student, was vacationing when she disappearedfrom a Virginia Beach bar.
Police linked the crime to Turner and Brown, SEAL "swim buddies"nearing the end of their training for the Navy's elite commandocorps at nearby Little Creek Naval Amphibious Base.
Both initially denied any knowledge of the slaying and later blamedeach other.
Brown testified last month that he choked Evans but initiallyblamed Turner because he was angry that Turner had cooperated withpolice.
Prosecutors argued that Brown's revised testimony was not credible.
Dustin Turner and fellow trainee Billy Joe Brown were sentenced tolengthy prison terms for the 1995 murder of Jennifer Evans, anEmory University student. But Brown testified last month that hehad become a Christian while in prison and decided to admit that healone committed the killing.
Circuit Judge Frederick Lowe said a state appeals court shouldconsider whether Brown's recent confession would have changed theoutcome of Turner's trial.
"This court decides that Mr. Brown's candid testimony is credible.Mr. Brown testified falsely at his own trial," the judge said.
Lowe called the evidence used to convict Turner "largely if notentirely circumstantial."
"Mr. Brown is credible in his assertion that he acted independentlyin murdering the victim," Lowe said, as an unemotional Turner, 33,watched quietly from the defendant's table.
Afterward, attorney David Hargett called the decision a "gateway"to freedom for Turner.
"We're confident the court of appeals will see the same thing thatwe and other people have seen, that he's innocent," Hargett saidoutside the courtroom, as Turner's family members cried andembraced.
"We've never given up hope," said Turner's mother, Linda Summitt.
Evans, a premedical student, was vacationing when she disappearedfrom a Virginia Beach bar.
Police linked the crime to Turner and Brown, SEAL "swim buddies"nearing the end of their training for the Navy's elite commandocorps at nearby Little Creek Naval Amphibious Base.
Both initially denied any knowledge of the slaying and later blamedeach other.
Brown testified last month that he choked Evans but initiallyblamed Turner because he was angry that Turner had cooperated withpolice.
Prosecutors argued that Brown's revised testimony was not credible.
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