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Dusty's Story Here is the information on the Attorney General of VA, if you would like to call or write to him with your thoughts on the state filing this appeal: |
Virginia Supreme Court Denies AppealExcerpts from Richmond Times-Dispatch, September 16, 2011 A unanimous Virginia Supreme Court today rejected former U.S. Navy SEAL trainee Dustin Turner’s exoneration bid in the 1995 slaying of a college student in Virginia Beach. Turner filed a petition for a writ of actual innocence on the basis of newly discovered, non-biological evidence with the Virginia Court of Appeals and Brown’s recantation was found credible by a circuit court judge. However, the Court of Appeals turned the petition down last year ruling that a rational juror could infer that Turner could still be guilty of abduction by deception with the intent to defile and, therefore, guilty of felony murder. In a 35-page opinion released this morning, the Supreme Court agreed and affirmed the judgment of the appeals court. Justice Donald Lemons wrote that the newly discovered evidence – that Brown alone strangled Evans – was not “material” to the question of whether a rational juror could have found him guilty of abduction by deception with intent to defile. “Simply stated, nothing in Brown’s recantation or the circuit court finding has any bearing on the question presented in this petition,” Lemons concluded. Read the complete story here >>> Dusty's Response to the Supreme Court Decision 'The Writ of Actual Innocence obviously contains a burden which is impossible to overcome. When an innocent man can find no relief under this Writ, what is the point of it's existence? It was determined that Billy Brown's confession was credible in that he acted alone in murdering Jennifer Evans, and that I had NO ROLE in the murder or any restraint of the victim. These are the unalterable facts of my case. Yet, as an innocent man, after 16 years of confinement, still I languish in prison. This is a sad ruling not only for my family and friends, but to every citizen of Virginia and of this country who believe in justice. Whether or not I waste away the rest of my life in Virginia's prison system will be up to those who care about me and/or those who care about justice.' -- Dustin Turner
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SEALED FATE is a compelling feature documentary that unravels the devastating crime that rocked a Southern tourist town, created a media uproar and ultimately instigated a landmark court ruling that galvanized the Virginia Judicial System and paved the way for one man’s vindication. You can watch clips from the film by clicking on the link above. |
LATEST NEWSVa. justices reject innocence claim in '95 slaying Ruling on former SEAL trainee's innocence claim may not come until September Ex-SEAL trainee takes final appeal to Supreme Court Virginia court hears appeal in Tucker student's '95 slaying Virginia appeals court rejects Dustin Turner's claim of innocence Court reverses ruling on freedom for ex-SEAL trainee Va. Court of Appeals reviews Dustin Turner case VIDEO With conviction overturned, Dustin Turner remains locked up VIDEO Former Navy Seal Trainee Exonerated in 1995 Va. Beach Slaying
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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. |
Visit again soon to see and hear about our latest efforts to win Dusty's release. Revised on September 19, 2011 |