Ex-SEAL's murder conviction overturned

RICHMOND, Va. - She was young and beautiful and in 1995 it seemed Jennifer Evans was in the wrong place at the wrong time.

Evans, a Georgia college student was on vacation in Virginia Beach when she was strangled outside a bar. Navy SEAL trainees Dustin Turner and Billy Joe Brown were convicted for the killing. But in 2003 there was a twist in the case. Brown signed a sworn statement saying he alone was responsible for Evans' death.

"Billy Brown, the one who actually killed Miss Evans, has finally come clean with his confession," said Turner's attorney, David Hargett.

Turner filed a petition for a writ of actual innocence on July 31, 2007 and it has been ongoing since then. Tuesday, the final ruling came -- that Turner's conviction would be overturned.

Hargett had the pleasure of delivering the good news for Turner on Tuesday. Two of three judges in the State Court of Appeals ruled to overturn Turner's conviction. A law passed in 2004 allows judges to do so when new non-biological evidence is introduced, like Brown's confession.

"He's ecstatic, very pleased with the decision of the court today, but he realizes that we still have work to do," said Hargett.

The order has not yet been certified, according to the deputy clerk. They're still waiting for the appellate time to expire. And if no further action is taken, then the mandate will be certified to the trial board.

Turner's conviction of "accessory after the fact" still stands, but his sentence would have been a fraction of the 14 year one he served. Hargett estimates 12 months.

Turner could be compensated for wrongful incarceration, but Hargett isn't looking that far ahead. When asked if Turner would take any legal action if he is released, Hargett says, "There is a provision under VA law that applies just to writs of actual innocence and compensation for wrongful incarceration. So potentially yes, that would be something that would be explored anyway, but it's way too soon to even contemplate that. First and foremost we want this decision we got today to be upheld going forward and we want Dusty to be released."

"First and foremost we want this decision we got today to be upheld going forward and we want Dusty to be released," said Hargett.

In 2008, Evans and Turner's mothers spoke with WAVY.com.

"We've adjusted to him all these years being where he is, but we knew deep in our heart that he's always going to come home," said Turner's mother.

"It's very upsetting because you have to keep reopening the wounds every time one of these court incidents comes up," said Evans' mother.