Judge says ex-SEAL's pursuit to overturn murder conviction can go on

VIRGINIA BEACH, Va. (WAVY.com) -- Judge Frederick Lowe has ruled that the confession of an ex-Navy SEAL who says he alone murdered a Georgia college student - a crime for which both he and a fellow SEAL were convicted - is credible, and sent the case on to the Court of Appeals for consideration.

Lowe ruled that a state appeals court should consider whether Billy Joe Brown's confession would have changed the outcome of Dustin Turner's trial.

Turner's mother Linda Summit told WAVY.com: "We've been fighting for it for all these years and Dusty deserves it and we all deserve it. Dusty's innocent and everybody here has been so wonderful.  I'm so thankful".

Brown's confession was part of a writ of innocence petition brought by Turner. Both men were convicted in the 1995 death of Jennifer Evans. Turner is trying to have his conviction for the murder overturned based on the post-trial confession by Brown.

Turner testified at his original trial that he helped Brown dispose of the body but did not kill Evans. Prosecutors had theorized that the men conspired to abduct her and that she died during a sexual assault.

At a special hearing for the writ of innocence filed by Turner's attorney, Brown testified he choked Evans to death after a night of heavy drinking.

Brown said he came forward because he is a born again Christian, and that he doesn't care about Turner personally.

Brown says he had been angry with Turner for years for telling on him. But that finding religion in prison made him want to tell the truth.

"Usually everything goes against us and this is the first time that we've had anything go our way," said Larry Summit, Turner's stepfather.  "It's just fantastic."

The Commonwealth's Attorney said it's a matter of opinion if Brown was credible and said the state can appeal the judge's decision, while also pointing out that there was no guarantee that the Court of Appeals would actually overturn Turner's conviction.

Stay with WAVY.com and watch WAVY News 10 for updates.