Former VB SEAL trainee could be freed

VIRGINIA BEACH, Va. - For 13 years, former Navy SEAL trainee Dustin Turner hasn't worn a Navy uniform, he's worn a prison uniform. Now, the Virginia Court of Appeals says it will hear arguments that could free Turner for the murder of Jennifer Evans.

"He's elated at the prospect that the court of appeals ruled what everybody else already knows, that he's actually innocent," said Turner's Attorney, David Hargett.

Hargett might believe so, but not Virginia Beach Commonwealth's Attorney Harvey Bryant.

"I'm convinced of his guilt," said Bryant.

So was a jury in 1996. It convicted Turner and his SEAL swim buddy Billy Joe Brown. Evans a Georgia College Student was on vacation in Virginia Beach when she was strangled in a car outside a bar. At first, Brown blamed Turner, but in 2003, he signed a sworn statement saying he alone was responsible. This past June a judge said Brown's statement was credible.

His mother was overcome with emotion.

"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 Linda Summit.

Jennifer Evans' mother says this latest development keeps her from finding peace.

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

Now the court of Appeals must decide whether or not Turner's punishment was justified.

"I would just wish that it would be resolved one way or the other," said Evans.

The process of filing legal briefs and the court scheduling a date for oral arguments will take some time. Turner's attorney says the earliest his client could potentially be freed would be the end of 2009.